Materials Acceptance Sample Clauses

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...
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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.
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Materials Acceptance. The Materials Quality Assurance (QA) program is detailed in 23 CFR 637.205 Policy, subpart
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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.
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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.
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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.
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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.
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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...
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Related to Materials Acceptance

  • Hazardous Materials Activities The Company has not transported, stored, used, manufactured, disposed of, released or exposed its employees or others to Hazardous Materials in violation of any law in effect on or before the Effective Time, nor has the Company disposed of, transported, sold, or manufactured any product containing a Hazardous Material (any or all of the foregoing being collectively referred to as "Hazardous Materials Activities") in violation of any rule, regulation, treaty or statute promulgated by any Governmental Entity in effect prior to or as of the date hereof to prohibit, regulate or control Hazardous Materials or any Hazardous Material Activity.

  • Hazardous Materials Activities, Etc Each Credit Party shall promptly take, and shall cause each of its Subsidiaries promptly to take, any and all actions necessary to (i) cure any violation of applicable Environmental Laws by such Credit Party or its Subsidiaries that could reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect, and (ii) make an appropriate response to any Environmental Claim against such Credit Party or any of its Subsidiaries and discharge any obligations it may have to any Person thereunder where failure to do so could reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect.

  • Materials and Improvements Title to materials, improvements, and other property required of PURCHASER by this contract shall vest in and become the property of STATE at the time such are furnished by PURCHASER and accepted by STATE. Only materials, improvements, and property free and clear of liens, claims, and encumbrances shall be furnished by PURCHASER. All existing improvements located on State land, and any improvements placed on State land by PURCHASER which become the property of STATE, shall be safeguarded by PURCHASER. If such improvements are injured, damaged, or removed from the areas of operations by PURCHASER or by contractors of PURCHASER, such improvements shall be repaired (or replaced, in the event of removal,) as soon as possible by PURCHASER, without cost to STATE.

  • Materials Transfer In furtherance of R&D Program activities, each Party may provide to the other Party chemical compounds or biological materials Controlled by the supplying Party (collectively, the “Materials”) for use by the other Party in conducting the R&D Program activities for which such other Party is responsible. Except as otherwise expressly provided under this Agreement, all such Materials delivered to the other Party will remain the sole property of the supplying Party, will be used only in accordance with the R&D Plan and the terms and conditions of this Agreement, will not be used or delivered to or for the benefit of any Third Party without the prior written consent of the supplying Party, and will be used in compliance with all applicable Laws. The Materials supplied under this Agreement must be used with prudence and appropriate caution in any experimental work because not all of their characteristics may be known. Except as expressly set forth in this Agreement, THE MATERIALS ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE OR ANY WARRANTY THAT THE USE OF THE MATERIALS WILL NOT INFRINGE OR VIOLATE ANY PATENT OR OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY.

  • CERTIFICATION OF NO ASBESTOS CONTAINING MATERIALS OR WORK 8.1 The Contractor shall be responsible for ensuring that no asbestos containing materials or work is included within the scope of the Work. The Contractor shall take whatever measures it deems necessary to insure that all employees, suppliers, fabricators, material men, subcontractors, or their assigns, comply with this requirement. 8.2 The Contractor shall ensure that Texas Department of Health licensed individuals, consultants or companies are used for any required asbestos work including asbestos inspection, asbestos abatement plans/specifications, asbestos abatement, asbestos project management and third-party asbestos monitoring.

  • Drawings and Specifications 9.1 A complete list of all Drawings that form a part of the Contract Documents are to be found as an index on the Drawings themselves, and/or may be provided to Developer and/or in the Table of Contents. 9.2 Materials or Work described in words that so applied have a well-known technical or trade meaning shall be deemed to refer to recognized standards, unless noted otherwise. 9.3 Trade Name or Trade Term It is not the intention of the Contract Documents to go into detailed descriptions of any materials and/or methods commonly known to the trade under “trade name” or “trade term.” The mere mention or notation of “trade name” or “trade term” shall be considered a sufficient notice to Developer that it will be required to complete the work so named, complete, finished, and operable, with all its appurtenances, according to the best practices of the trade. 9.4 The naming of any material and/or equipment shall mean furnishing and installing of same, including all incidental and accessory items thereto and/or labor therefor, as per best practices of the trade(s) involved, unless specifically noted otherwise. 9.5 Contract Documents are complementary, and what is called for by one shall be binding as if called for by all. As such, Drawings and Specifications are intended to be fully cooperative and to agree. However, if Developer observes that Drawings and Specifications are in conflict with the Contract Documents, Developer shall promptly notify District and Architect in writing, and any necessary changes shall be made as provided in the Contract Documents. 9.6 Figured dimensions shall be followed in preference to scaled dimensions, and Developer shall make all additional measurements necessary for the work and shall be responsible for their accuracy. Before ordering any material or doing any work, each Developer shall verify all measurements at the building and shall be responsible for the correctness of same. 9.7 Should any question arise concerning the intent or meaning of the Contract Documents, including the Plans and Specifications, the question shall be submitted to the District for interpretation. If a conflict exists in the Contract Documents, these Construction Provisions shall control over the Facilities Lease, which shall control over the Site Lease, which shall control over Division 1 Documents, which shall control over Division 2 through Division 49 documents, which shall control over figured dimensions, which shall control over large-scale drawings, which shall control over small-scale drawings. In no case shall a document calling for lower quality and/or quantity of material or workmanship control. However, in the case of discrepancy or ambiguity solely between and among the Drawings and Specifications, the discrepancy or ambiguity shall be resolved in favor of the interpretation that will provide District with the functionally complete and operable Project described in the Drawings and Specifications. 9.8 Drawings and Specifications are intended to comply with all laws, ordinances, rules, and regulations of constituted authorities having jurisdiction, and where referred to in the Contract Documents, the laws, ordinances, rules, and regulations shall be considered as a part of the Contract Documents within the limits specified. 9.9 As required by Section 4-317(c), Part 1, Title 24, CCR: “Should any existing conditions such as deterioration or non-complying construction be discovered which is not covered by the DSA-approved documents wherein the finished work will not comply with Title 24, California Code of Regulations, a construction change document, or a separate set of plans and specifications, detailing and specifying the required repair work shall be submitted to and approved by DSA before proceeding with the repair work.”

  • Notice of Non-Compliant Work A Notice of Non-Compliant Work shall be in writing, shall be dated, shall be signed by the Design Professional, and shall be addressed to the Contractor with a copy to the Owner, as set forth in Section 3, Part 4 (Correcting the Work) and Section 6, Part 6 (Correcting the Work after Final Payment).

  • Materials and Supplies The cost of materials and supplies is allowable. Purchases should be charged at their actual prices after deducting all cash discounts, trade discounts, rebates, and allowances received. Withdrawals from general stores or stockrooms should be charged at cost under any recognized method of pricing, consistently applied. Incoming transportation charges are a proper part of materials and supply costs.

  • Materials of Environmental Concern have not been transported or disposed of from the Properties in violation of, or in a manner or to a location which could give rise to liability under, any Environmental Law, nor have any Materials of Environmental Concern been generated, treated, stored or disposed of at, on or under any of the Properties in violation of, or in a manner that could give rise to liability under, any applicable Environmental Law, except insofar as any such violation or liability referred to in this paragraph, or any aggregation thereof, could not reasonably be expected to result in the payment of a Material Environmental Amount.

  • MATERIALS AND WORKMANSHIP (a) All equipment, material, and articles incorporated into the work covered by this Agreement shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this Agreement. (b) Seller shall obtain Company approval of the machinery and mechanical and other equipment to be incorporated into the work. When required by Company, Seller shall also obtain Company's approval of the material or articles which Seller contemplates incorporating into the work. When so directed, Seller shall submit samples for approval at Seller's expense. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection. (c) References in the specifications or drawings to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. Seller may, with Company's written approval, use any equipment, material, article, or process that is equal to that specified, unless the words "No Substitution" follow the listing of the item in the specifications or drawings. Unless otherwise agreed, modifications due to use of “or equal” supplies, is at Seller’s expense. (d) All work under this Agreement shall be performed in a skillful and workmanlike manner. Company may require, in writing, Seller to remove from the work any employee Company deems incompetent, careless, or otherwise objectionable.