Manufacturing Equipment Sample Clauses
Manufacturing Equipment. Ruthigen may, at any time upon notice to Oculus, purchase one or more units of Manufacturing Equipment, at Ruthigen’s discretion, and Oculus shall deliver the Manufacturing Equipment to Ruthigen, at Ruthigen’s expense, within sixty (60) days of receipt of payment therefor.
(a) Ruthigen shall purchase the Manufacturing Equipment at Oculus’s Cost of Goods plus 20% (the “Equipment Purchase Price”).
(b) Promptly upon the Effective Date, Oculus shall disclose and provide to Ruthigen all Oculus Know-how regarding the Oculus Method of Manufacturing and the Ruthigen Method of Manufacturing which is available to Oculus and required for the Manufacture of the Product and Substance. Oculus will promptly deliver to Ruthigen updates to such Know-how as Oculus may own or Control thereafter during the term of this Agreement, including providing access to Oculus key employees and documents. All such information shall be subject to the confidentiality provisions of Article X. Oculus will also provide training and access to Oculus personnel in support of this technology transfer as requested by Ruthigen from time to time, pursuant to the Shared Services Agreement.
(c) Ruthigen shall Manufacture the Products in compliance and accordance with current Good Manufacturing Practices and all applicable laws, regulations and approvals.
(d) Oculus shall have the right to repurchase the Manufacturing Equipment (i) upon a Change in Control of Ruthigen involving an acquiring Third Party that sells hypochlorous-acid products, or that competes with Oculus as a manufacturer of hypochlorous acid formulations or processes involving electrolysis, unless in either case such Third Party is headquartered in Japan, (ii) upon Ruthigen’s cessation of business, or (iii) upon initiation by Ruthigen of insolvency proceedings; and in each case, at the Equipment Purchase Price less accumulated depreciation.
(e) Ruthigen shall have the right to purchase Oculus’ entire inventory of Manufacturing Equipment (i) upon a Change in Control of Oculus involving an acquiring Third Party that sells hypochlorous-acid products, or that competes with Ruthigen as a manufacturer of hypochlorous acid formulations or processes involving electrolysis, unless in either case such Third Party is headquartered in Japan, (ii) upon Oculus’ cessation of business, or (iii) upon initiation by Oculus of insolvency proceedings; and in each case, at the Equipment Purchase Price less accumulated depreciation.
Manufacturing Equipment. Manufacturing Equipment means the equipment listed in Exhibit B of this Agreement, which includes manufacturing tools that are necessary to perform the Manufacturing Operations. After the Parties sign this Agreement, the Parties will mutually agree on the list of Manufacturing Equipment to be set forth in Exhibit B by amending this Agreement.
Manufacturing Equipment. If MYT owns or develops any Intellectual Property Right which is used to make any piece of equipment that is used in the FOL, MOL and EOL manufacturing processes, whether in Longmont, Colorado, or Nagano, Japan, MYT agrees that it will not refuse to build or sell such piece of equipment to DT if DT requests to purchase it or have it purchased. DT agrees that MYT may use such piece of equipment in other manufacturing lines for other products, so long as such other products are not competitive to DT's products, Products or Finished Products.
Manufacturing Equipment. (a) Until Xxxxxx has completed the Manufacturing Services, AtriCure shall permit Xxxxxx to use the manufacturing equipment which belongs to AtriCure and was purchased hereunder (the “Manufacturing Equipment”) for the supply of Products to AtriCure under this Agreement. THE MANUFACTURING EQUIPMENT IS BEING USED BY XXXXXX “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND FROM ATRICURE. Xxxxxx shall use the Manufacturing Equipment in accordance with its pre-Closing practices. Xxxxxx shall, at its own expense, maintain such equipment in working condition and in good repair, including providing replacement parts, which shall become part of the Manufacturing Equipment. After the completion of the Manufacturing Services, Xxxxxx shall deliver or cause to be delivered to or at the direction of AtriCure , the Manufacturing Equipment in working condition and good repair. Delivery shall be F.O.B. Xxxxxx’x Facility. Xxxxxx shall, at AtriCure’s expense, pack the Manufacturing Equipment for shipment. AtriCure shall pay Xxxxxx the reasonable amount billed for such packing within 15 days after being invoiced therefor.
(b) Xxxxxx shall notify AtriCure if an item of Manufacturing Equipment cannot be repaired, but must, in Xxxxxx’x judgment, be replaced to continue to operate. Xxxxxx shall provide AtriCure with information reasonably required by AtriCure to determine if AtriCure wishes to replace such item at AtriCure’s expense, including the price, delivery schedule of replacement equipment and any alternatives to replacement of the equipment which may be available in order for Xxxxxx to maintain its supply to AtriCure of Product under this Agreement; provided, however, that in the event that the need for repair arose from Xxxxxx’x negligence or other wrongful conduct (including failure to maintain the same in accordance with this Agreement), any repair or replacement shall be at Xxxxxx’x expense. Xxxxxx shall comply with AtriCure’s instructions concerning such item. Any such equipment replaced at AtriCure’s expense (or, under the conditions described above, at Xxxxxx’x expense) shall become Manufacturing Equipment.
Manufacturing Equipment. Manufacturing equipment such as models, samples and drawings as well as tools provided to the Supplier by the Customer shall remain the Customer’s property and must be returned to the Customer upon request. The Supplier may only use such manufacturing equipment for the Customer. - Special agreements regarding manufacturing equipment and tools shall prevail.
Manufacturing Equipment. 10.1 During the Term, LAB shall operate and maintain the Manufacturing Equipment in accordance with good business practice. LAB warrants that its arrangements with Subcontractors shall contain equal obligations for such Subcontractors.
10.2 XXXXXXX shall have the right to enter LAB's and its Subcontractors' facilities in order to (i) inspect the Manufacturing Equipment and (ii) inspect all records relating to the repair, maintenance, servicing and replacement of the Manufacturing Equipment. XXXXXXX shall be given access to such facilities, on reasonable notice, during normal business hours as long as such facilities perform work subject to this Agreement.
10.3 During the Term, LAB shall service, repair, maintain and replace the Manufacturing Equipment as may be necessary to keep the Manufacturing Equipment in good working order.
Manufacturing Equipment. (a) Ruthigen shall purchase and pay in full for (i) at least One Million Dollars ($1,000,000) of Manufacturing Equipment, upon the Effective Date; (ii) at least One Million Two Hundred Fifty Thousand Dollars ($1,250,000) of additional Manufacturing Equipment, within thirty (30) days following the Effective Date; and (iii) at least Seven Hundred Fifty Thousand Dollars ($750,000) of additional Manufacturing Equipment, within forty five (45) days following the Effective Date (collectively, the “Equipment Purchase Price”). In each case, Oculus shall deliver the Manufacturing Equipment to Ruthigen, at Ruthigen’s expense, within sixty (60) days of receipt of payment therefor or at such other time as the Parties agree upon orally or in writing.”
Manufacturing Equipment. Ruthigen may, at any time upon at least 90 days’ prior written notice to Oculus, purchase one or more units of Manufacturing Equipment, at Ruthigen’s discretion. Oculus shall deliver the Manufacturing Equipment to Ruthigen, at Ruthigen’s expense, within 90 days of Oculus’ receipt of payment from Ruthigen therefor. However, if there is a third party delay for parts or other components needed to make the Manufacturing Equipment, Oculus may deliver such Manufacturing Equipment beyond the 90 days by the amount of time such part or component was delayed.
(a) Ruthigen shall purchase the Manufacturing Equipment at Oculus’s Cost of Goods plus 20% (the “Equipment Purchase Price”).”
7. Amendment to Section 6.13(d). Section 6.13(d) of the License Agreement is hereby deleted in its entirety and the following language is inserted in lieu thereof: “Oculus shall have the right to repurchase the Manufacturing Equipment (i) upon a Change in Control of Ruthigen involving an acquiring Third Party that sells hypochlorous-acid products, or that competes with Oculus as a manufacturer of hypochlorous acid formulations or processes involving electrolysis, unless in either case such Third Party is headquartered in Japan, or (ii) if Ruthigen takes any of the actions listed in Section 14.2(b), or any of the situations listed in 14.2(b) shall have occurred, in any case, at no cost.”
8. Amendment to Section 6.13(e). Section 6.13(e) of the License Agreement is hereby deleted in its entirety and the following language is inserted in lieu thereof: “Ruthigen shall have the right to purchase Oculus’ entire inventory of Manufacturing Equipment (i) upon a Change in Control of Oculus involving an acquiring Third Party that sells hypochlorous-acid products, or that competes with Ruthigen as a manufacturer of hypochlorous acid formulations or processes involving electrolysis, unless in either case such Third Party is headquartered in Japan, or (ii) if Oculus takes any of the actions listed in Section 14.2(b), or any of the situations listed in 14.2(b) shall have occurred, in any case, at the replacement cost of such Manufacturing Equipment.”
Manufacturing Equipment. Manufacturer shall be solely responsible for all costs associated with purchasing and maintaining the equipment, tools, technology, and all other items necessary to manufacture, package, test, store and ship the Finished Product ("MANUFACTURING EQUIPMENT").
Manufacturing Equipment. The basis of determining prices of the second-hand manufacturing equipment will be determined on arm’s length negotiation and with reference to the below formula, which is a default formula set by the Group’s SAP financial software following the Group’s accounting policy for depreciation and valuation on equipment and also applicable to the valuation of all equipments of the Group, no matter whether they are procured from Independent Third Parties or Sany Group, and should be in any event no less favorable to the Group than is available to Independent Third Parties. Price = Original Purchase Price – Original Purchase Price (1-3%) x (number of years since the equipment was purchased by Sany Group/10 years) Payment will be settled by way of telegraphic transfer at credit terms to be agreed by the parties in accordance with the Group’s normal term of supplies from Independent Third Parties. for the transactions contemplated for the two financial years ended 31 December 2018 and the eleven months ended 30 November 2019: 31 December 2017 RMB215,954,000 RMB181,067,915 31 December 2018 RMB303,504,000 RMB232,073,890 30 November 2019 RMB401,578,000 RMB196,865,338 contemplated under the Supplemental Master Purchase Agreement (2020-2022) for the three years ending 31 December 2022 will be s e t a t R M B408,694,687, R M B560,746,774 a n d R M B721,460,178, respectively. The annual caps of the Supplemental Master Purchase Agreement (2020-2022) are calculated and determined after taking into account (i) the historical transaction amount, and (ii) the estimated procurement plan of the Group for the three years ending 31 December 2022 in line with the sales plan. The Directors consider that it is crucial for the Group to maintain the stability in supply and quality of the parts and components for its existing and future production needs. SG Group is familiar with the Group’s specifications, standards and requirements and the Group is confident on the quality of the parts and components supplied by SG Group. In view of the Group’s past purchasing experience with certain members of SG Group, the Directors are of the view that SG Group can effectively fulfill the Group’s high requirement in supply stability as well as product quality. In addition, SG Group has provided the Group with more favourable terms such as flexible and timely delivery schedule of the parts and components purchased by the Group. The Directors (excluding the independent non-executive Directors, whose v...