Non-exclusive Supply Term Sample Clauses

Non-exclusive Supply Term. 2.3.3.1 Each Supply Year during the Non-exclusive Supply Term, Stryker must either, at its election in its sole discretion: (a) purchase at least the number of Products from Supplier equal to eighty percent (80%) of Stryker’s Supply Requirements for the immediately preceding Supply Year (“Prior Year Minimum”), such Products to be supplied at an amount, on a per-unit basis, equal to Supplier’s average prior Supply Year unit cost of goods sold (COGS) plus two hundred dollars ($200), or (b) pay Supplier a fee, on a per-unit basis, equal to two hundred dollars ($200) multiplied by the number of Products constituting the difference between the Prior Year Minimum and the number of Products actually purchased by Stryker from Supplier during such current Supply Year (the “Per-Product Fee”). 2.3.3.2 Within [**] following the end of each calendar quarter of the Non-exclusive Supply Term, Stryker will deliver to Supplier a certificate duly executed by an authorized representative of Stryker setting forth the Per-Product Fees due and payable to Supplier in respect of such calendar quarter. Such quarterly payment will be calculated in accordance with Section 2.3.3.1 based upon the portion of the Prior Year Minimum (subject to any offset permitted under the last sentence of this Section 2.3.3.2) corresponding to the same calendar quarter of such immediately preceding Supply Year. Upon receipt of such certificate and to the extent such certificate reflects Per-Product Fees greater than zero, Supplier shall issue an invoice in an amount equal to the Per-Product Fees set forth in such certificate. Stryker shall pay Supplier the Per-Product Fees set forth in such invoice by check within [**] of receipt of the invoice. Concurrent with any such quarterly payment under this Section 2.3.3.2 which includes the end of a Supply Year, Stryker will submit to Supplier (a) a report detailing all Per-Product Fees paid pursuant to this Section 2.3.3.2 and applicable to such Supply Year; (b) a calculation of Per-Product Fees actually owed for such Supply Year; and (c) to the extent that such total Per-Product Fees in respect of such Supply Year already paid under this Section 2.3.3.2 are less than those owed under Section 2.3.3.1, a check for such difference. To the extent that such total Per-Product Fees in respect of such Supply Year already paid under this Section 2.3.3.2 are greater than those owed under Section 2.3.3.1, Stryker shall be permitted to offset such overage against futur...
Sample 1
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Related to Non-exclusive Supply Term

  • Non-Exclusive Agreement Notwithstanding anything contained herein, this Agreement and the rights awarded to the Investor hereunder are non-exclusive, and the Company may, at any time throughout the term of this Agreement and thereafter, issue and allot, or undertake to issue and allot, any shares and/or securities and/or convertible notes, bonds, debentures, options to acquire shares or other securities and/or other facilities which may be converted into or replaced by Common Shares or other securities of the Company, and to extend, renew and/or recycle any bonds and/or debentures, and/or grant any rights with respect to its existing and/or future share capital.

  • Non-Exclusive License Sponsor grants Institution and Principal Investigator a royalty free non-exclusive license, with no right to sublicense, to use Trial Data for internal research or educational purposes.

  • Non-Exclusive Services The services of the Adviser to the Trust are not deemed exclusive, and the Adviser shall be free to render similar services to others, to the extent that such service does not affect the Adviser’s ability to perform its duties and obligations hereunder.

  • Non-Exclusive Contract The intent of this Contract is to provide state agencies with an expedited means of procuring supplies and/or services. This Contract is for the convenience of state agencies and is considered by State to be a “Non- exclusive” use contract. Therefore, agencies may obtain this product/service from sources other than the Contract holder(s) as long as they comply with Title 18, MCA, and their delegation agreement. State does not guarantee any usage.

  • Non-Exclusivity The services of the Adviser to the Manager, the Allocated Portion and the Trust are not to be deemed to be exclusive, and the Adviser shall be free to render investment advisory or other services to others and to engage in other activities. It is understood and agreed that the directors, officers, and employees of the Adviser are not prohibited from engaging in any other business activity or from rendering services to any other person, or from serving as partners, officers, directors, trustees, or employees of any other firm or corporation.

  • Non-Exclusive Right In the event this Agreement is terminated or upon written notice from Western at any time, the Corporation hereby agrees that it will eliminate from the Fund's name any reference to the name of "Western." The Corporation, on behalf of the Fund, shall have the non-exclusive use of the name "Western" in whole or in part only so long as this Agreement is effective or until such notice is given.

  • Non-Exclusive Arrangement Nothing contained in these Terms shall be construed as conferring or granting an exclusive right or obligation upon either party to purchase or sell products or services under these terms. 21. FORCE MAJEURE Neither party shall be liable to the other for any delay or inability to perform its obligations under these terms or otherwise if such delay or inability arises from any act of God, fire, natural disaster, act of government, or any other cause beyond the reasonable control of such party which could not be avoided by the exercise of due care.

  • Supply Agreement Seller and Buyer, or their Affiliates, shall have executed the Supply Agreement.

  • SERVICES NON-EXCLUSIVE Nothing in this Agreement shall prevent the Servicer from rendering or performing services similar to those provided for in this Agreement to or for itself or other persons, firms or companies or from carrying on business similar to or in competition with the business of the Mortgages Trustee and the Beneficiaries.

  • Exclusive License Licensor hereby grants to Licensee and Licensee hereby accepts from Licensor, upon the terms and conditions herein specified, a sole and exclusive license under the Licensed Patent Rights in the Territory, and in the Field of Use to develop, make, have made, import, have imported, use, offer to sell, sell and otherwise commercialize Licensed Product(s).

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