Excess Inventory. (a) If on or about the last day of each month (the "last day") after the first nine months of the Term, BMG determines from BMG's books and record(s) on a selection-by-selection basis and by each configuration thereof that BMG's inventory (as determined in accordance with BMG's standard business practices) of Owner's Product(s) in BMG's possession or control as of each such last day is in excess of a one (1) year supply ("Excess Inventory"), BMG will notify Owner to such effect, in writing. Thereafter, Owner, at Owner's election, will either remove such Excess Inventory for storage purposes only (at Owners sole cost and expense of removal and storage) within thirty (30) days of BMG's report under this Paragraph, or promptly pay BMG for each month that any Excess Inventory is retained or controlled by BMG beyond such thirty (30) day period an amount equal to the number of units of Excess Inventory multiplied by Seven ($.07) Cents (the "Excess Inventory Charge"). Any Excess Inventory which is removed must be marked or otherwise modified by BMG (at Owner's sole cost and expense) beforehand to adequately distinguish it from all other Owner's Product(s). If Owner fails to remove any Excess Inventory or pay the Excess Inventory Charge on a timely basis, BMG, subject to the provisions embodied in Paragraph 11(a)(v)(B) and 14(g) hereof, will scrap such Excess Inventory at the applicable per unit price set forth in Exhibit A for scrapping. BMG will invoice Owner for such scrapping and any applicable Excess Inventory Charges and Owner will pay such invoice in accordance with Paragraphs 14(b) and (c) hereof.
(b) Owner will be afforded access once per each Contract Year and during regular business hours (on at least thirty (30) days prior written notice) to BMG's Warehouse to conduct a physical stock count of the inventory of Owner's Product(s) in the Warehouse. It's BMG's preference that Owner visit the Warehouse for physical stock counts at the time that BMG conducts its annual physical inventory (circa May of each Contract Year) of all products including Owner's Product(s).
(c) With respect to stock shrinkage, BMG will bear the manufacturing cost of replacing the missing stock of Owner's Product(s) (including freight costs to the Warehouse) in excess of one percent (1%) of the number of units of Owner's Product(s) manufactured by BMG and delivered to BMG's Warehouse, and one (1%) percent of the number of units of any graphics and components delivered to BMG's Wareh...
Excess Inventory. Tellabs agrees to purchase from Riverstone all inventory, including work-in-progress and finished goods, reasonably purchased by Riverstone pursuant to Tellabs firm Orders as defined in Section 3.2 which are held by Riverstone for at least [ * ] and which Riverstone has not been able to use in other products or which Riverstone does not reasonably foresee using in Tellabs's products within the next [ * ]. Riverstone agrees to use reasonable efforts to use any excess inventory in its other products, including but not limited to the Products under this Agreement.
Excess Inventory. That level of Inventory on hand determined by Bank to be in excess of a N/A months supply of Borrower’s requirements therefor unless, upon written notice by Bank, Bank in its discretion shall determine a greater or lesser level of Inventory.
Excess Inventory. Vendor will provide on a monthly basis an inventory report of all items with no production or procurement activity in the past ninety (90) days and/or inventory age of over ninety (90) days. Adobe will instruct Vendor on the disposition of these items.
Excess Inventory. Excess Inventory" shall mean Advertising Inventory allocated to CIM or LWP as described in SECTION 4.3.2 ADVERTISING INVENTORY SPLITS (i) that such party is unable to sell prior to the day before the date on which such Advertising Inventory is first scheduled to run or (ii) upon declaration or designation by the party to which such Advertising Inventory was originally allocated pursuant to SECTION 4.3.2 ADVERTISING INVENTORY SPLITS.
Excess Inventory. Nortel Networks shall have no obligation or liability to Flextronics with respect to excess Inventory, other than as set out herein.
Excess Inventory eCost acknowledges that market uncertainties or eCost’s errors in projection of future sales may result in excess Products being acquired by AF Services for resale to eCost. In the event that AF Services has in its possession, at the end of a customary sales season, Products purchased by AF Services based upon reasonably calculated projections using data provided by eCost for which it has not received Product orders (such Products, “Excess Inventory”), AF Services shall have the right to demand that eCost purchase all or any portion of such Excess Inventory, and eCost agrees to purchase from AF Services all or any portion of such Excess Inventory upon demand by AF Services. Alternatively, and at its option, AF Services may dispose of such Excess Inventory through any other means, including sale to eCost’s competitors. However, should AF Services elect not to exercise its right to require eCost to purchase Excess Inventory pursuant to this Section 2.3(g) within forty-five (45) days of the end of the applicable customary sales season, eCost shall have no further responsibility or liability for such Excess Inventory.
Excess Inventory. Promptly after delivering a demand to purchase Excess Inventory in accordance with Section 2.7(g), AF Services shall deliver to eCost an invoice for such Excess Inventory. Such invoice shall be due and payable within fifteen (15) days after the date of the invoice.
Excess Inventory. The Seller shall strictly control all inventory of Boeing proprietary product that is in excess of contract quantity in order to prevent product from being sold or provided to any third party without prior written authorization from Boeing.
Excess Inventory. Nortel Networks shall have no obligation or liability to Flextronics with respect to excess and obsolete Inventory, other than as set out herein. For every Product sold to Nortel Networks, Flextronics shall be permitted to charge Nortel Networks an uplift percentage applicable on the Product Price. The Parties will agree to the percentage uplift prior to the Effective Date. The Parties understand that the uplift factor(s) during Year 1 will be greater than for subsequent years due to the purchase of one year’s inventory at the Effective Date by Flextronics. After the first anniversary of the Effective Date, the uplift factor will reflect only the on-going events beyond Flextronics’ control. The Parties agree that the uplift percentage will be reviewed six (6) months after the Effective Date and annually on the anniversary of the Effective Date. In conjunction with each uplift factor review, Flextronics will perform an E & O calculation based on one year’s historical demand, NPI forecast, and known events. During such reviews, the Parties may mutually agree to adjust the uplift percentage. For any increase of the uplift percentage, Flextronics must demonstrate to Nortel Networks that such adjustment is material (greater than 2% of total Inventory) and the result of an act or event outside Flextronics’ control. The table below provides an example of how the uplift percentage shall be applied. Product Price During year Sold Factor Amount Price During year Sold Factor Amount aaaaaaaa $ 1,000 400 $ 400,000 1.0 % 4000 $ 990 400 $ 396,000 1.0 % 3960 bbbbbbb $ 400 98 $ 39,200 1.0 % 392 $ 360 50 $ 18,000 1.0 % 180 ccccccc $ 136 4000 $ 544,000 1.0 % 5440 $ 122 3800 $ 463,600 1.0 % 4636 ddddd $ 300 35 $ 10,500 1.0 % 105 $ 270 30 $ 8,100 1.0 % 81 Two yr sum 18794 On an annual basis, Nortel Networks and Flextronics shall perform the calculations as shown in the examples above and project the uplift percentage required for the following year. In the event that the accumulated uplift fund is greater than the excess Inventory requirements, Flextronics shall agree to reduce the uplift factor to an agreed upon factor for on-going operations under Flextronics control. Thirty days prior to the Effective Date both Parties will jointly meet and agree on the percentage to be used as an uplift factor. Considerations in determining the uplift factor will include analyzing Nortel Networks historical E & O requirements and determining whether these factors are applicable to the inve...
