Excess Materials. Contractor shall provide to Owner spare parts, extra maintenance materials, and other Materials, as specified in the Contract Documents, upon Substantial Completion. Any additional Materials not required to be delivered to Owner under the Contract Documents (the “Spare Materials”) shall be accounted for by Contractor and offered to Owner. If Owner refuses to accept all or part of the Spare Materials, Contractor shall credit Owner the fair market value of the unaccepted Spare Materials in the final Application for Payment and shall promptly remove them from the Site.
Excess Materials. 7 8. OBSOLETE MATERIALS..................................................... 7
Excess Materials. With respect to any Excess Materials on hand, Seller will notify Buyer of the amount and the cost of such Excess Materials in a consolidated, monthly report. Buyer shall either (i) pay carrying costs for Excess Materials at a rate of [*] per month as it ages greater than [*] after receipt of such monthly notice by Buyer; or (ii) buy all Excess Materials at Seller's cost (purchase price paid by Seller) to be held in bonded stock for consumption based upon a forecasted demand within the next [*]. Seller will use reasonable commercial efforts to sell Excess Materials.
Excess Materials. Upon the earlier of (1) the EOL Date, (2) expiration or termination of the applicable SOW, or (3) termination of this Agreement, the [CONFIDENTIAL TREATMENT REQUESTED] (a) undelivered Goods completed in accordance with the Specifications, (b) work-in progress prepared in accordance with the Specifications and the Forecast, and (c) the excess Long Lead [CONFIDENTIAL TREATMENT REQUESTED] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. Apple-M-FLEX Master Development and Supply Agreement #C56-06-00844 Time Materials, if any, held by Supplier, [CONFIDENTIAL TREATMENT REQUESTED] (i) were purchased no earlier than required by applicable Lead-Times to fulfill the requirements of the then current (at the time of purchase by Supplier) Forecast, (ii) meet all applicable Specifications, and (iii) [CONFIDENTIAL TREATMENT REQUESTED]. Supplier will scrap any such materials so purchased upon Apple’s request, provided [CONFIDENTIAL TREATMENT REQUESTED].
Excess Materials. Costs of materials in excess of those actually installed, but required to provide reasonable allowance for waste and for spoilage. Unused excess materials, if any, shall be delivered to Owner at the completion of the Work or, at Owner's option, shall be sold by the CM/GC. Any sale shall be commercially reasonable and CM/GC shall provide accounting for such a sale within fifteen (15) days of the transaction. Net amounts realized, if any, from such sales shall be credited to Owner as a deduction from the Cost of the Work.
Excess Materials. Franchisee shall collect Garbage, Recyclables, and/or Organics that do not fit within the Commercial Customer’s Franchisee-issued Containers when those material are set out for collection on the Customer’s regular collection day in a manner that conforms to Franchisee’s excess material specifications described below and when the Customer has place a standing authorization on their account or has contacted Franchisee in advance and authorized Franchisee to charge the then-current Rates listed in Appendix B-1. Charges for excess materials shall be based on the estimated volume (expressed in terms of equivalents to the volume of a 32-gallon container and by material type). Franchisee shall collect excess materials set out for collection by Commercial Customers that are compliant with the following specifications: • Excess Garbage setouts shall be considered compliant when the Garbage is placed in a Customer-provided lidded can or tightly cinched black or gray bag with a capacity that is equal to or less than 32-gallons and properly labeled. • Excess Recyclables setouts shall be considered compliant when the Recyclables are placed in a Customer-provided lidded can or tightly cinched clear bag with a capacity that is equal to or less than 32-gallons and properly labeled. Cardboard setouts shall also be considered compliant when they are securely bundled/tied such that when lifted they remain secure, and each set out must be smaller than 3’ x 1’ x 1’. Non-compliant setouts may be collected and charged as Garbage. • Excess Organics setouts shall be considered compliant when the Organics are placed in a Customer-provided and lidded can and properly labeled. Setouts for woody Yard Trimmings shall also be considered compliant when they are securely bundled/tied such that when lifted they remain secure, and each set out must be smaller than 3’ x 1’ x 1’. Non-compliant setouts may be collected and charged as Garbage.
Excess Materials. Any purchased materials remaining after completion of the subject portion of the Work (such as, for example, extra paint, wall coverings or carpet) shall be properly stored and provided by the Contractor to the Owner for use in subsequent repairs. Materials should be labeled, sealed, boxed and protected as appropriate to ensure the materials remain in good condition.
Excess Materials. Design-Builder shall provide to Owner spare parts, extra maintenance materials, and other Materials, as specified in the Contract Documents, upon Substantial Completion. Any additional Materials not required to be delivered to Owner under the Contract Documents (the “Spare Materials”) shall be accounted for by Design-Builder and offered to Owner. If Owner refuses to accept all or part of the Spare Materials, Design-Builder shall credit Owner the fair market value of the unaccepted Spare Materials in the final Application for Payment and shall promptly remove them from the Site.
Excess Materials. EXCESS MATERIALS" mean those excess components, purchased by MTI in response to DMC Stratex's Forecast, which cannot be incorporated into the Products because of DMC Stratex's terminations, rescheduling or other delays caused by DMC Stratex, and which cannot be returned to the supplier for a refund. MTI will notify DMC Stratex of the amount and dollar liability of any Excess Materials in a consolidated monthly report. The parties will jointly review the status of Excess Materials on a quarterly basis, and will decide what action to take with respect to such Excess Materials semiannually. Reimbursement or compensation to MTI by DMC Stratex for the value of such Excess Materials shall be made on a semi-annual basis, no later than thirty (30) calendar days after DMC Stratex's receipt of MTI's monthly reports (reconciled to the parties' joint quarterly review) of such Excess Materials for the preceding six months. MTI will mitigate the cost of such Excess Materials by working with its suppliers to obtain the lowest possible liability.
Excess Materials. Excess materials may result from order cancellation and/or excess material authorizations by Buyer for the purpose of securing long lead-time materials. If an order or part of the order is cancelled for more than three (3) months, Buyer shall reimburse Seller the costs of the materials purchased by Seller for the order. If materials from a material authorization remain inactive in stock for more than three (3) months, Buyer shall reimburse Seller the costs of the materials purchased by Seller for the order. Such reimbursements for excess materials shall be paid by Buyer to Seller within fourteen (14) days of receipt of invoice.
