MATERIALS SUPPLY Sample Clauses

MATERIALS SUPPLY. Pharmasset shall, at RFSP’s direction, either reimburse RFSP or remit directly to RFSP’s supplier(s) the appropriate amount(s) owed by RFSP for all orders of DOT placed by RFSP on or prior to, and that have not been delivered as of, the Effective Date, up to a maximum payment by Pharmasset of $[***] in the aggregate for such order(s), provided that if such amount(s) owed exceeds $[***] in the aggregate, Pharmasset shall have no obligation to purchase any such DOT (or reimburse or remit any amounts in respect thereof). RFSP shall instruct such supplier(s) to deliver such orders to Pharmasset’s designated address. Any such payment by Pharmasset shall be made within five (5) Business Days after all applicable order(s) of DOT have been delivered to Pharmasset’s designated address. It is understood by the Parties that between [***] ([***]) and [***] ([***]) kilograms of DOT in bulk form has been ordered, but not delivered, as of the Effective Date. The Parties acknowledge and agree that Pharmasset may appoint Third Party subcontractors, without the consent of RFSP, to carry out the manufacture and supply of Licensed Products on Pharmasset’s behalf. Certain portions of this Exhibit have been omitted pursuant to a request for confidentiality. Such omitted portions, which are marked with brackets and asterisks [***], have been separately filed with the Commission.
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MATERIALS SUPPLY. (A) Genentech shall supply the specific Materials described in Exhibit H, according to such schedule and in such quantities to be agreed by the Parties. Sensus shall compensate Genentech for supply of Materials an amount equal to [ * ] of such Materials. The Materials supplied by Genentech hereunder shall conform to such specifications, including release and QA/QC specifications, as will be mutually agreed to by the Parties and attached hereto as Exhibit I (the "Specifications"). The Parties agree that, under the Project, Genentech shall develop manufacturing processes for the Growth Hormone Antagonists sufficient to supply Sensus with batches of Material [ * ] for pre-clinical and phase I/phase II clinical use. At the beginning of each calendar quarter, Genentech and Sensus will mutually agree upon a Material production and delivery schedule for such quarter. [*] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. 3 (B) Upon receipt of each batch of Material to be provided by Genentech pursuant to Section 8.4(a), Sensus shall confirm that such product meets the Specifications by performing pertinent analytical tests. In the event that Sensus determines that such Material does not comply with the Specifications in Exhibit I, Sensus shall so inform Genentech within ten business days of receipt of such Material, describing in detail the failure to meet the Specifications. If Sensus does not so inform Genentech of any such non-compliance with the Specifications within ten business days of Sensus's receipt of the Material, the Material shall be deemed to meet such Specifications. If Genentech agrees that the delivered Material does not meet the Specifications, Genentech shall thereafter use its commercially reasonable best efforts, at Sensus's own cost, to produce the required amount of Material complying with the Specifications in as short a time as commercially reasonably practicable. If Genentech disputes Sensus's determination that the product fails to comply with the Specifications, the parties shall proceed under Section 8.4(c) hereof. If Genentech is unable to produce any required batch of Material in compliance with the Specifications within 4 weeks following the date required for delivery of such batch under the schedule agreed to by the parties under Section 8.4(a), then Sensus may terminate this Agreement, and upon such terminati...
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MATERIALS SUPPLY. (a) Genentech shall use its commercially reasonable best efforts to supply the specific Materials described in Exhibit H, according to such schedule and in such quantities to be agreed by the Parties. Sensus shall pay Genentech for supply of Materials an amount [ * ] of such Materials. Such payments shall be made within thirty (30) days of receipt of an invoice from Genentech. The Materials supplied by Genentech hereunder shall conform to such specifications, including release and QA/QC specifications, as will be mutually agreed to by the Parties and attached hereto as Exhibit I (the "Specifications"). The Parties agree that, under the Project, Genentech shall develop manufacturing processes for the Growth Hormone Antagonists sufficient to supply Sensus with batches of Material [*] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.
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MATERIALS SUPPLY. Within one hundred eighty (180) days following the execution of this Agreement, but not before execution of the Technology Transfer Agreement, ECC will submit to Sublicensee either a list of approved suppliers of the requisite materials or a list of one or more approved suppliers of prepackaged materials for use in the production of the licensed Products. If Sublicensee desires to have other suppliers added to this list, Sublicensee shall submit the same to ECC who in turn will verify that such supplier or suppliers have the capability to furnish materials meeting ECC's specifications, and if said supplier or suppliers are able to do so, then they will be added to the approved list. If for any reason this information is not sufficient to satisfy Sublicensee's need to establish acceptable sources of the requisite materials, Sublicensee may terminate this Agreement and neither party will have any further liability or obligation hereunder except for the ongoing duty regarding Confidential Information. 33
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MATERIALS SUPPLY. Unless specifically agreed otherwise, LMIC shall supply or acquire all components and other materials and equipment ("Materials") necessary to manufacture and test Products under this Agreement. LMIC will supply or acquire only those Materials from only those vendors as are set forth in the Specifications and Bills of Materials or are otherwise approved in writing by the Aldeburgh. Subject to Paragraph 2 below, LMIC will use commercially reasonable efforts to procure specified Materials so as to be able to deliver Products as specified by the Aldeburgh in accordance with delivery schedules set forth in orders accepted under Section 3.2.
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MATERIALS SUPPLY. The Loan Servicer shall have received, in form and substance satisfactory to each Relevant Credit Party in consultation with the Lenders’ Engineer, certification from the Borrower, the Sponsor and the Lenders’ Engineer, together with such other evidence as any Relevant Credit Party may request, that the implementation programs and infrastructure development plans are sufficient to provide consumables and materials supplies to the Project in accordance with the terms of the Project Materials Supply Agreement and are continuing in effect without major interruption.
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MATERIALS SUPPLY. Unless specifically agreed otherwise, LMI shall supply or acquire all components and other materials and equipment ("Materials") necessary to manufacture and test Products under this Agreement. LMI will supply or acquire only those Materials from only those vendors as are set forth in the Specifications and Bills of Materials or are otherwise approved in writing by the Company. Subject to Paragraph 2 below, LMI will use commercially reasonable efforts to procure specified Materials so as to be able to deliver Products as specified by the Company in accordance with delivery schedules set forth in orders accepted under Section 3.2.
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MATERIALS SUPPLY. Within six (6) months following the execution of this Agreement but not before execution of the Technology Transfer Agreement, ECC will submit to Sublicensee a list of approved manufacturers of the Aliite paper analog material, which manufacturers shall supply the material in the size and dimensions satisfactory to Sublicensee. If Sublicensee desires to have other manufacturers added to this list, Sublicensee shall submit the same to ECC who in turn will verify that such manufacturer or manufacturers have the capability to furnish such Aliite paper analog materials meeting ECC's specifications, and if said Manufacturer or manufacturers are able to do so, then they will be added to the approved list. If for any reason this information is not sufficient to satisfy Sublicensee's need to establish acceptable sources of the Aliite paper analog materials, Sublicensee may terminate this Agreement and neither party will have any further liability or obligation hereunder except for the ongoing duty regarding Confidential Information.
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Related to MATERIALS SUPPLY

  • 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 Transfer In order to facilitate the Development activities contemplated by this Agreement, either Party may provide to the other Party certain biological materials or chemical compounds Controlled by the supplying Party (collectively, “Materials”) for use by the other Party in furtherance of such Development activities. Except as otherwise provided for 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 furtherance of the Development activities conducted in accordance with this Agreement, will not be used or delivered to or for the benefit of any Third Party, except to subcontractors, 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.

  • Materials and Methods 86 2.1 PARTICIPANTS 87 We used baseline measurements from a convenience sample of participants in previous (3) and 88 ongoing cohort studies investigating the effects of rehabilitation on balance responses (Table 1). PD 89 participants were mild-moderate with bilateral symptoms (Xxxxx and Xxxx stage 2-3 (13)). All 90 participants provided written informed consent and all study procedures were approved by Institutional 91 Review Boards at the Georgia Institute of Technology and Emory University.

  • Materials and Equipment ‌ Material means property that may be consumed or expended during performance, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end item. Equipment means a tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for performance. Materials and Equipment shall be priced in accordance with the terms of the task order award, contract type, and applicable FAR and agency-specific regulatory supplements. Unless otherwise directed by task order terms and conditions, the Contractor may apply indirect costs to materials and equipment consistent with the Contractor’s usual accounting practices.

  • 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.

  • PRODUCT MANUFACTURER'S SUPPLIERS Only those dealers/distributors listed by the manufacturer will be considered authorized to act on behalf of the Product Manufacturer.

  • 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 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.

  • Packaging Materials and Containers for Retail Sale 1. When packaging materials and containers in which a good is packaged for retail sales are classified in the Harmonized System with the good, they shall not be taken into account in determining whether all non-originating materials used in the production of the good undergo the applicable change in tariff classification set out in Annex 4.03. 2. When the good is subject to a requirement of regional value content, the value of these packaging materials and containers shall be taken into account as originating or non-originating materials, as the case may be, in calculating the regional value content of the good.

  • Quality of Materials and workmanship The Contractor shall ensure that the Construction, Materials and workmanship are in accordance with the requirements specified in this Agreement, Specifications and Standards and Good Industry Practice.

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