Materials Acceptance. 16.12.1 In the event that AstraZeneca determines that any Materials delivered hereunder do not comply with the warranty set forth in Section 16.13, AstraZeneca shall give Targacept written notice of such noncompliance and the reasons therefor (including sufficient samples for confirmatory testing, if applicable) (a) within [********] after delivery, in the case of noncompliance readily discoverable by a customary inspection of such Materials upon delivery thereof, or (b) within [********] after discovery, in the case of noncompliance not readily discoverable by a customary inspection of such Materials upon receipt thereof. Targacept shall evaluate, or cause to be evaluated, such Materials (including appropriate testing of the samples provided by AstraZeneca, if applicable) and notify AstraZeneca within [********] after receipt of AstraZeneca’s notice whether it has confirmed such noncompliance. If Targacept notifies AstraZeneca that it has not confirmed such noncompliance and AstraZeneca continues to believe such Materials are noncompliant, Targacept and AstraZeneca promptly shall submit the dispute to an independent testing laboratory or other applicable expert of recognized standing in the industry mutually acceptable to AstraZeneca and Targacept. Each Party shall cooperate with the laboratory or other expert in its evaluation. The findings of the laboratory or other expert shall be binding on the Parties. The expenses for such laboratory or other expert shall be borne by the Party whose analysis was not substantiated by the findings of such laboratory or other expert.
16.12.2 If, pursuant to Section 16.12.1, any Materials are determined not to comply with the warranty set forth in Section 16.13, then:
(a) if AstraZeneca has made payment for such Materials, Targacept, at AstraZeneca’s option, promptly shall: (i) refund the Purchase Price paid by AstraZeneca for such noncompliant Materials; (ii) offset the Purchase Price paid by AstraZeneca against other amounts due to Targacept hereunder; or (iii) replace such noncompliant Materials with compliant Materials at no additional cost to AstraZeneca.
(b) if AstraZeneca has not made payment for such Materials, Targacept, at AstraZeneca’s option, promptly shall: (i) cancel the applicable invoice or (ii) replace such noncompliant Materials with compliant Materials at the original Purchase Price invoiced for such noncompliant Materials.
(c) Targacept promptly shall reimburse AstraZeneca for all out-of-pocket costs...
Materials Acceptance. State has the right to make acceptance of Materials subject to a complete inspection on delivery and installation, if installation is Contractor’s responsibility. State may apply as acceptance criteria conformity to the Contract, workmanship and quality, correctness of constituent materials, and any other matter for which the Contract or applicable laws state a requirement, whether stated directly or by reference to another document, standard, reference specification, etc. Contractor shall remove any rejected Materials from the delivery location, or from any immediate environs to which it might have been reasonably necessary to move it, carry it off the delivery premises, and subsequently deliver an equal number or quantity of conforming items. State will not owe Contractor any payment for rejected Materials, and State may, at its discretion, withhold or make partial payment for any rejected Materials that have been returned to Contractor in those instances where State has agreed to permit repair instead of demanding replacement.
Materials Acceptance. Material production of HMA and Portland Cement Concrete Pavement (PCCP) in the regions is measured by quality levels (PC / OA programs) and through the assurance-testing program.
Materials Acceptance. The Materials Quality Assurance (QA) program is detailed in 23 CFR 637.205 Policy, subpart
Materials Acceptance. (1) Beginning on the Commencement Date, the Contractor shall accept and process Program Recyclables and Recyclable OCC delivered by or on behalf of the City to the Designated Facilities during the receiving hours specified herein. Program Recyclables will be delivered to either the Contractor’s MRF or Contractor’s TS. Recyclable OCC will be delivered to the Contractor’s TS.
(2) The Contractor shall, except as otherwise specifically stated in this Contract, obtain and provide all labor, materials, equipment, transportation, facilities, services, permits, and licenses necessary to perform services and duties as required by this Contract, without additional cost to the City. It is the Contractor's responsibility to ensure sufficient capacity is available to accept all Program Recyclables and Recyclable OCC delivered by or on behalf of the City.
(3) The City reserves the right to designate or remove other Recyclable Materials as Program Recyclables if the contracting parties agree it is technically feasible.
(4) With the exception of Hazardous Substances as described in Section (D)3 of Exhibit A, title and ownership of all materials passes to Contractor upon delivery.
(5) The Designated Facilities shall be capable of accepting delivery of Recyclable Materials from all types of delivery vehicles including, but not limited to, packer trucks, roll-off trucks, and tractor-trailer transfer vehicles. Doors on delivery bays shall be of sufficient height to allow the exit of roll-off trucks and collection vehicles with bodies or containers in the dump (up) position.
(6) Designated Facilities shall be equipped with adequately-sized legal-for-trade truck scales and computerized recordkeeping systems for weighing and recording all incoming and outgoing delivery vehicles. Contractor shall have the scales calibrated and inspected on a yearly basis, at a minimum, or more frequently as requested by the Contract Manager.
(7) The Contractor shall weigh all trucks that enter the Designated Facilities, perform recordkeeping, and generate reports of incoming materials as required herein or requested by the City. The Contractor may use tare weights. If the Contractor chooses to do so, all tare weights must be recalibrated at least every sixty (60) calendar days. Inbound loads of Program Recyclables and Recyclables OCC delivered by or on behalf of the City shall be weighed, recorded and tabulated separately.
Materials Acceptance. Beginning on the Commencement Date, Contractor shall deliver all Recyclables received at the Transfer Stations to the Designated Recycling Facility. Designated Recycling Facility may be closed on Holidays as defined herein. The County reserves the right to add or delete Recyclable Materials as part of the County’s Program Recyclables if the contracting parties agree it is technically feasible. In the event that the Contractor is unable to accept, process, and market materials due to Contractor fault at any time during the contract, it shall be the Contractor’s sole responsibility at its cost and expense to provide alternate facilities for processing and marketing of Recyclables.
Materials Acceptance. Material production of HMA and PCCP in the Regions is measured by quality levels (QC / QA programs) and through the assurance-testing program.
Materials Acceptance. (i) The City shall direct the City’s Contract Hauler to deliver all Program Recyclables to the Designated Receiving Facility during the scheduled receiving hours specified in this Contract. Program Recyclables will be delivered Single Stream. The City makes no assurances or guarantees regarding the quantity of Program Recyclables that will be delivered to the Designated Receiving Facility.
(ii) The Contractor shall accept deliveries of Program Recyclables at the Designated Receiving Facility between the hours of 6:00 a.m. and 6:00 p.m. Monday through Friday and 6:00 a.m. and 4:00 p.m. on Saturday or other hours, approved in writing, by the Contract Administrator. The Designated Receiving Facility may be closed on Holidays as defined in this Contract. No reduction in scheduled receiving hours shall be made without the prior written approval of the Contract Administrator.
(iii) Program Recyclables shall include newspapers (including inserts), corrugated cardboard, mixed paper (including but not limited to brown paper bags, magazines, phonebooks, junk mail, white and colored paper, shredded paper in a bag, and paperboard), aluminum cans, plastic containers and bottles marked with SPI codes 1-7, glass bottles and jars, tin and ferrous cans, and aseptic containers. The City reserves the right to add or remove Recyclable Materials to the list of Program Recyclables upon mutual agreement by the contracting parties.
(iv) The Designated Receiving Facility shall be operated to facilitate delivery vehicle access during operations. The daily average delivery vehicle turnaround time from arrival at the facility site to exit from the facility site shall not exceed 20 minutes. Delays caused by equipment failure not due to negligence of the Contractor or other fault of the delivery vehicle shall not be included in the turn-around time computation. The Contractor will provide the City with access to its records to verify vehicle turnaround time within 24 hours’ notice.
(v) The Designated Receiving Facility shall be equipped with adequately-sized legal-for-trade truck scales and computerized recordkeeping systems for weighing and recording all incoming Program Recyclables delivery vehicles. Such scales shall be permitted and in compliance with applicable Florida laws. The Contractor shall calibrate and certify scales no less frequently than annually.
(vi) The Contractor shall weigh all trucks transporting Program Recyclables that enter the Designated Receiving Facility, rec...
