Manufacturer’s Obligations. 4.1 The manufacturer agrees and undertakes to make every reasonable effort to fill the orders of the Distributor with all reasonable dispatch.
4.2 The manufacturer will support the Distributor in its sales and promotional efforts by providing such materials and information as are in its control or possession. and as the manufacturer believes might reasonably assist the Distributor without adversely affecting the manufacturer's general interests, on such terms and conditions as the parties shall from time to time agree.
Manufacturer’s Obligations. The Manufacturer’s sole obligation under either of these limited warranties is the replacement or repair, at the Manufacturer’s discretion, of parts found to be defective.
Manufacturer’s Obligations. 5.1 Manufacturer shall manufacture the Products only in such quantities as Syntax shall order.
5.2 Manufacturer shall neither manufacture nor sell the Syntax-trademarked Products to the Products for or sell products to any third party, or for its own accounts.
5.3 Manufacturer shall manufacture the Products in conformity with Syntax’s written specifications, which may attach to this Agreement.
5.4 Manufacturer shall place within the packaging of each Product a written manufacturer’s warranty stating that manufacturer shall replace the Product at Manufacturer’s cost in the event the Product is defective or fails to perform within one (1) year from the date of purchase by the consumer. Manufacturer shall accept all defective Products returned by Syntax and credit to Syntax the Cost Price of all defective Products returned to Manufacturer. The Parties shall prepare and agree separate service agreement and return merchandise authorization procedure, which will form an integral part of the Agreement.
5.5 Manufacturer shall comply with all applicable laws and regulations of which it is aware relating to manufacturing and exporting the Products.
5.6 The Parties agree and acknowledge that all information, know-how and technical assistance provided by Syntax to Manufacturer shall constitute the protectable Trade Secrets of Syntax. Manufacturer agrees not to use the Trade Secrets except in the performance of this Agreement. Manufacturer further agrees not to disclose such information, know-how and/or technical assistance to third parties and to use reasonable efforts to protect the confidentiality of the Trade Secrets, not less than the measures it takes to protect Manufacturer’s own most secret information.
Manufacturer’s Obligations. (a) Manufacturer shall provide Distributor with such technical and marketing assistance as appropriate. * Portions of this exhibit have been omitted and filed separately with the Commission pursuant to a request for confidential treatment under Rule 406.
Manufacturer’s Obligations. A. Notwithstanding all other obligations and/or duties imposed on MANUFACTURER by any other incentive agreements it has entered into with the State of Texas, Bexar County and/or the City of San Antonio, MANUFACTURER is required to accomplish the following in order to receive the full amount of tax abatement provided in this Agreement:
1) own, hold an interest in or otherwise control the Personal Property Improvements that are the subject of this Agreement; and
2) invest, or cause to be invested, at least TWENTY-FOUR MILLION DOLLARS AND 0 CENTS ($24,000,000.00) in Personal Property Improvements by the later to occur of December 31, 2021 or the fifth (5th) annual anniversary date of the Rent Commencement Date (as such term is defined in the Lease); provided, however, in no event shall the date by which the investment required to be made by MANUFACTURER in this paragraph be later than December 31, 2022, subject to Force Majeure as set forth below in Article 8.
Manufacturer’s Obligations. (a) Manufacturer shall provide Distributor with such marketing and technical assistance and free Product samples as Manufacturer may in its discretion consider necessary to assist with the promotion of the Products.
(b) Manufacturer shall provide training to Distributor's personnel in connection with the marketing, sale, installation, maintenance and support of the Products; provided, however, that Manufacturer's personnel shall spend no more than 80 man-hours of their time per year in providing such assistance. Any additional support requested by Distributor shall be provided at Manufacturer's standard rates.
Manufacturer’s Obligations. 9.1 Manufacturer shall, at its expense, unless expressly provided otherwise below:
9.1.1 supply, at the Company’s reasonable request, Product manufacturing and quality data and reports;
9.1.2 maintain all necessary process design technology, labor, material, tooling, facilities and other resources for the timely and satisfactory completion and delivery of the Product under this Agreement;
9.1.3 commit and use sufficient and qualified personnel to support the requirements of this Agreement;
9.1.4 take out and maintain any and all appropriate insurance policies in connection with the fulfillment of its obligations under this Agreement, and provide a certified copy of the same to the Company;
9.1.5 obtain and maintain all governmental and other permits, licenses and approvals that are necessary for the performance of Manufacturer’s undertakings hereunder, including, but not limited to, ISO certification for Manufacturer’s processes to be performed under this Agreement (of at least ISO 9001 and ISO 13485);
9.1.6 maintain, a business continuity plan for the Products satisfactory to the Company to protect production of the Products and the Company’s business from disruption;
9.1.7 store the manufactured Products in warehouses or storage facilities suitable for the Products and approved by the Company which approval shall not be unreasonably withheld; and
9.1.8 keep quality and process records relating to the design and/or manufacturing of the Products for seven (7) years from the relevant date.
9.2 The Manufacturer warrants that, to the extent not provided for under the applicable local laws, regulations or guidelines in any relevant jurisdiction, it shall not, directly or indirectly through any of its Sub-Contractors, in connection with this Agreement, engage in labor practices that could be considered to be improper by international standards of human rights, including, without limitation, engaging in slave labor or labor involving the use of children under the minimum age of lawful employment in the relevant jurisdiction.
Manufacturer’s Obligations a. Manufacturer will deliver and return back the Closed Beta Test Material to Participant at Manufacturer’s expense.
b. Manufacturer will provide the support or warranty service for the Closed Beta Test Material described in the Exhibit and no other support or services.
c. Manufacturer has no obligation to develop or provide any updates or revisions to the Closed beta testMaterial, and Manufacturer reserves the right to alter or adjust performance specifications for the Closed Beta Test Material as it deems necessary or desirable.
d. Manufacturer will provide the instructions, safety information, warnings or cautions concerning the Closed Beta Test Material described or included in Exhibit A and no other.
Manufacturer’s Obligations. (a) Manufacturer may provide Distributor, without charge, such marketing and technical literature and Product samples as Manufacturer may in its sole discretion consider necessary to assist with the promotion of the Products; provided that any translations into the local language of the Territory shall be Distributor’s responsibility pursuant to Section 5(a).
(b) Manufacturer shall provide [**] to Distributor (except with respect to expenses, as provided herein) training to Distributor’s personnel at a mutually agreed location in connection with the marketing, sale, and support of the Products in a duration determined in Manufacturer’s reasonable discretion. If necessary, Distributor may obtain training from Manufacturer in excess of such duration at Manufacturer’s then-current training rates. All out-of-pocket expenses incurred by Manufacturer in connection with providing such training to Distributor, including all reasonable travel, lodging, and entertainment expenses, shall be borne by Distributor.
Manufacturer’s Obligations. 3.1. As soon as Customer has completed all the steps listed in the paragraph no. 2. of this Agreement, Manufacturer undertakes to deliver to Customer’s address the Againer 15 days test set described on xxx.xxxxxxx-xxx.xxx and in the table A of this Agreement within the delivery time listed in the table B of this Agreement.
1. AGAINER brace 320,00 2 640,00 2. Boot connector 35 2 70 3. Pressure pump 50 1 50 4. Bag 29 1 29 5. Tools 1,5 4 6 6. Screws 0,5 8 4 7. Rubber pads - 4 - TOTAL VALUE, including VAT 21% (EUR) 799,00 Finland, Poland, Baltic States (3-4 business days)* Germany, Sweden, Norway, Czech Republic, Slovakia, Luxembourg, Hungary (4-5 business days)* UK, France, Spain, Austria, Italy, Netherlands, Belgium, Ireland, Denmark, Slovenia, Croatia, Romania (5-6 business days)* Portugal, Bulgaria (6-8 business days)* USA, Canada, Japan, Russia (6-8 calendar days)* Delivery to any other country not listed in this table (Max. 10 calendar days)* * The day when Customer has purchased the Againer 15 days test is considered the day 0 (zero)
3.2. If Manufacturer is not able to fulfill his obligations listed in paragraph 3.1. of this Agreement, Manufacturer undertakes to refund the Againer 15 days test fee in full amount to Customer in no later than 3 business days after the Customer has completed all the steps listed in paragraph no. 2. of this Agreement.
3.3. Manufacturer undertakes to confirm with the Customer in advance the return shipment pickup time of the Againer 15 days test set.
3.4. Manufacturer undertakes to deliver a return shipment address label within the packaging of the Againer 15 days test set.
3.5. If, due to workmanship defect, any technical failure has occurred to the Againer 15 days test set during proper use by Customer, Manufacturer undertakes to solely bare all the repair costs of the Againer 15 days test set.
3.6. Manufacturer undertakes to deliver within the Againer 15 days test set packaging a Test Discount Coupon* that guaranties to Customer a discount of 159,00 EUR for purchasing an Againer set on xxx.xxxxxxx-xxx.xxx (*Test Discount Coupon is valid during the current ski season).
3.7. If, after the testing, Customer will decide to purchase his Againer 15 days test set, Manufacturer will guaranty 2 year warranty for this set according to warranty terms available on xxx.xxxxxxx-xxx.xxx.
