Manufacture and Sale of Products. During the term of this Supply Agreement, MST agrees to manufacture and sell to COMPANY, and COMPANY agrees to purchase from MST, the Product(s) at the price and according to the terms and conditions set forth in this Supply Agreement. All Products delivered hereunder shall be manufactured, tested and inspected according to the Product Specifications as specified by COMPANY and according to the Product Requirements Description in the Exhibit(s) A.
Manufacture and Sale of Products. Upon the completion and agreement of a Product Information Document, Vendor agrees that it will manufacture and sell to Blue Coat the Product(s) in accordance with the associated Product Specifications and other terms set forth in this Agreement and the associated Product Information Document. Affiliates will also be able to purchase Products pursuant to the terms of this Agreement. Vendor shall be entitled to modify the payment terms of an Affiliate if such Affiliate is deemed to be a “Credit Concerning Entity”. A “Credit Concerning Entity” is defined as a company that does not meet all of the Credit Criteria set forth in Exhibit D. If the Affiliate is deemed to be a Credit Concerning Entity and Mitac elects to modify the payment terms, then Mitac shall provide the Affiliate with ten (10) business days written notice prior to the effective date of such modification. As soon as the Affiliate is no longer a Credit Concerning Entity, the payment terms shall revert back to thirty (30) days following invoice date. Design & Manufacturing Services Agreement
Manufacture and Sale of Products. (a) The Company hereby has the exclusive right, for the Term, to manufacture and/or otherwise exploit the Field in the Territory and Phosphagenics shall, subject to the terms contained in the Operating Agreement, be the supplier of TPM to the Company to enable it to manufacture and/or otherwise exploit the Field.
(b) The Company hereby has the non-exclusive right, for the Term, to manufacture and/or otherwise exploit the Non-Exclusive Field worldwide and Phosphagenics shall, subject to the terms contained in the Operating Agreement, be the supplier of TPM to the Company to enable it to manufacture and otherwise exploit the Non-Exclusive Field in accordance with this License Agreement.
(c) The Company shall use commercially reasonable efforts to develop the Field in the Territory. Without limiting any of the foregoing or being limited thereby, the Company shall be responsible for ensuring that the activities it undertakes or causes to be undertaken to develop the Field are consistent with and supportive of the efficient and expeditious development and regulatory approval of Field.
(d) The Company shall use commercially reasonable efforts to commercialise the Field throughout the Territory.
(e) Without limiting any of the foregoing or being limited thereby, the Company shall be responsible for ensuring that the activities it undertakes or causes to be undertaken to commercialise the Field are consistent with and supportive of the ensuring that all commercially reasonable efforts are used to market, promote, offer for sale and sell the Field so as to optimise sales throughout the Territory.
(f) The Company is responsible for determining strategies for marketing, selling, distributing and determining pricing and other terms of sale for the Field.
(g) The Company, if required, shall prosecute before Relevant Regulatory Authorities any matter with respect to Field and the Non-Exclusive Field, shall have the exclusive right to do so, and shall own all filings it or its Related Body Corporate submit to any Relevant Regulatory Authority relating to the Field and the Non-Exclusive Field.
Manufacture and Sale of Products. Licensee agrees (i) to manufacture, promote, market, distribute and sell the Licensed Products in accordance with standards of style, quality and workmanship consistent with those of similar products sold into similar markets and substantially similar to chose previously employed by Licensor as to such products, (ii) to comply with all relevant codes of practice and statutory requirements as to manufacture of the Licensed Products and (iii) to provide the Licensee, at its request, free of charge, pre-production samples of the Licensed Products and access co the Licensee's place of manufacture of the Licensed Products. 2
Manufacture and Sale of Products. MedAmicus agrees to sell the Products to Medtronic under the terms of this Agreement. MedAmicus will manufacture the Products in accordance with the Specifications referenced on Exhibit A, or as amended hereunder.
Manufacture and Sale of Products. Upon the completion and agreement of a PID, 7Base agrees that it will manufacture and sell to Tapout the Product(s) in accordance with the associated Product specifications and other terms set forth in this Agreement and the associated PID. Affiliates of Tapout will also be able to purchase Products pursuant to the terms of this Agreement.
Manufacture and Sale of Products. During the term of this Agreement, Venture shall:
(a) accept Purchase Orders for Products in accordance with Section 5. Venture will not refuse to accept Purchase Orders from Hypercom during the term of this Agreement as long as Hypercom is not in material breach of this Agreement as of the date such Purchase Order is issued and the Purchase Orders conform with the terms and conditions of this Agreement. For the avoidance of doubt, the material breach condition in this subsection 2.2(a) does not apply to breaches which have been waived or remedied;
(b) manufacture such Products at the Facility; and
(c) deliver such Products to Hypercom in accordance with Section 6.
Manufacture and Sale of Products. Upon the completion and agreement of a Product Information Document, Vendor agrees that it will manufacture and sell to Blue Coat the Product(s) in accordance with the associated Product Specifications and other terms set forth in this Agreement and the associated Product Information Document. Affiliates will also be able to purchase Products pursuant to the terms of this Agreement provided that Blue Coat warrants that any and all obligations and debts of the Affiliates will be discharged in a timely fashion. Blue Coat and the Affiliates agree that they shall be jointly and severally liable to Vendor for all damages and losses arising out of delays or failures to perform under this Agreement.
Manufacture and Sale of Products. 1.1 During the term (as defined herein) of this Supply Agreement, WJCI agrees to manufacture sell, invoice (“Invoice(s)”) and deliver shipments of XXX Wafers (“Shipment(s)”) to EiC, and accept written purchase orders (“Purchase Orders”) from EiC for EiC’s requirements for XXX Wafers, and EiC agrees to purchase and receive from WJCI, a minimum number of XXX Wafers, upon the terms and subject to the conditions set forth in this Supply Agreement.
1.2 EiC agrees that it shall purchase and receive Invoices and Shipments from WJCI, for a total of not fewer than 1000 XXX Wafers for a period of up to one (1) year from the date hereof (the “Term”), and EiC shall purchase and receive Invoices and Shipments, for no less than 250 XXX Wafers per quarter during the Term of this Supply Agreement. The Term of this Supply Agreement may be renewed upon mutual consent of the parties.
1.3 During the first three (3) quarters of this Supply Agreement, commencing on the date hereof and ending March 31, 2005, if EiC fails to submit Purchase Orders, receive and accept Invoices and Shipments for at least 750 XXX Wafers, WJCI shall have the right to refuse to accept additional Purchase Orders for XXX Wafers from EiC thereafter.
1.4 The Parties may, upon mutual agreement, amend Exhibit B to include any new item to, or to delete any item from, the definition of XXX Wafers.
Manufacture and Sale of Products. The Supplier agrees to manufacture for, and sell and deliver to, AMO and its Affiliates such Products as AMO and its Affiliates may from time to time order pursuant to the terms and conditions of this Agreement. During the term of this Agreement, Supplier shall not manufacture the Products, or products which are substantially similar to the Products, for any third party.
