NON RX PRODUCTS Sample Clauses

NON RX PRODUCTS. The Parties recognize and acknowledge that the arrangements described in this Agreement could result in products ordered in error, mispicks, shortages, etc., and that Non Rx Products may need to be returned to Cardinal Health. Therefore, both prior to and after the implementation of the Central Inventory Management Program, Cardinal Health will accept Merchantable Non Rx Products (defined below) for return from Kmart Stores in accordance with the Cardinal Health Return Goods Policy for Non-Consigned Inventory set forth in the Section 16 Disclosure Schedule. Notwithstanding anything to the contrary contained elsewhere in this Agreement, Cardinal Health will not be required to and will not accept for return any Unmerchantable Non Rx Products back through its distribution centers. Kmart will return all Unmerchantable Non Rx Products through a third party return goods processor (the "Designated Processor") as described in subsection 16(c) below. "Merchantable Non Rx Products" will be determined by Cardinal Health based upon its ability to return the item to its inventory for resale in the normal course of its business
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NON RX PRODUCTS. Category Definition The category “ * Non-Rx Products” includes all Non-Rx Products (which does not include * Products) other than * Non-Rx Products. Quantity As ordered by Longs. Pricing Pricing of * Non-Rx Products for Mainland delivery is based on * , and subject to the * . Special Terms As set forth in Section 1(D) of Exhibit 1. * Non-Rx Products in Hawaii are treated under Exhibit 5. * Subject to a request for confidential treatment; Separately filed with the Commission.
NON RX PRODUCTS. (a) “ * Non-Rx Products” are Products that are * .
NON RX PRODUCTS. Non-Rx Products, including OTC Products and HBC Products, may be purchased for Hawaii DSD delivery, and the Price of Goods of Non-Rx Products in Hawaii will be: Products on the * (defined below), and any Longs’ * Products (as agreed below) * All other * Non-RX Products (other than (i) Products on the * and (ii) * Products), including non- * Longs’ Private Label Products * * Products *
NON RX PRODUCTS. The Parties recognize and acknowledge that the arrangements described in this Agreement could result in products ordered in error, mispicks, shortages, etc. and that Non Rx Products may need to be returned to Cardinal Health. Therefore, both prior to and after the implementation of the Central Inventory Management Program, Cardinal Health will accept Non Rx Products (including outdated Non Rx Product, which must be processed via a third party returned goods company) for return from Kmart Stores in accordance with the Cardinal Health Return Goods Policy for Non-Consigned Inventory set forth in the Section 16 Disclosure Schedule and manufacturer return goods policies in effect from time to time during the term of this Agreement.

Related to NON RX PRODUCTS

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Combination Products If a LICENSED PRODUCT is sold to any third party in combination with other products, devices, components or materials that are capable of being sold separately and are not subject to royalties hereunder (“OTHER PRODUCTS,” with the combination of products being referred to as “COMBINATION PRODUCTS” and the Other Product and Licensed Product in such Combination Product being referred to as the “COMPONENTS”), the NET SALES of such LICENSED PRODUCT included in such COMBINATION PRODUCT shall be calculated by multiplying the NET SALES of the COMBINATION PRODUCT by the fraction A/(A+B), where A is the average NET SALES price of such LICENSED PRODUCT in the relevant country, as sold separately, and B is the total average NET SALES price of all OTHER PRODUCTS in the COMBINATION PRODUCT in the relevant country, as sold separately. If, in any country, any COMPONENT is not sold separately, NET SALES for royalty determination shall be determined by the formula [C / (C+D)], where C is the aggregate average fully absorbed cost of the Licensed Product components during the prior Royalty Period and D is the aggregate average fully absorbed cost of the other essential functional components during the prior Royalty Period, with such costs being determined in accordance with generally accepted accounting principles. To the extent that any SUBLICENSE INCOME relates to a COMBINATION PRODUCT or is otherwise calculated based on the value of one or more licenses or intellectual property rights held by the COMPANY, an AFFILIATE or SUBLICENSEE, COMPANY shall determine in good faith and report to THE PARTIES the share of such payments reasonably attributable to COMPANY’s or such AFFILIATE’s sublicense of the rights granted hereunder, based upon their relative importance and proprietary protection, which portion shall be the SUBLICENSE INCOME. THE PARTIES shall have the right to dispute such sharing determination in accordance with the dispute provisions of the AGREEMENT.

  • Licensed Product “Licensed Product” shall mean any article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights.

  • Manufacture of Products All Products marketed through Grantor's Web ------------------------- Site shall be manufactured, packaged, prepared, and shipped in accordance with the specifications and requirements described on Exhibit A hereto as it may be modified from time to time. Quality control standards relating to the Product's weight, color, consistency, micro-biological content, labeling and packaging are also set forth on Exhibit A. In the event that Exhibit A is incomplete, Products shall be manufactured and shipped in accordance with industry standards.

  • Competing Products The provisions of Section 21 are set forth on attached Exhibit H and are incorporated in this Section 21 by this reference.

  • Manufacture of Product Prior to commercialization of the Product, the Parties may, if appropriate for both parties, negotiate in good faith a manufacturing and supply agreement to provide for Licensor to fulfill the manufacturing requirements of Licensee for Product for sale in the European market. The cost of such manufacturing shall not be greater than * percent (*%) of the cost of any competitor cGMP contract manufacturing facility that proposes to manufacturer the Product for Licensee. * Confidential information has been omitted and filed confidentially with the Securities and Exchange Commission.

  • Combination Product The term “

  • Manufacturing Rights Manufacturing Rights will be governed by Attachment 6.

  • Other Products After clinical or other evidence, provided in writing [***] to Company, demonstrating the practicality of a particular market or use within the LICENSED FIELD which is not being developed or commercialized by Company, Company shall either provide JHU with a reasonable development plan and start development or attempt to reasonably sublicense the particular market or use to a third party. If within six (6) months of such notification [***] Company has not initiated such development efforts or sublicensed that particular market or use, JHU may terminate this license for such particular market or use. This Paragraph shall not be applicable if Company reasonably demonstrates to JHU that commercializing such LICENSED PRODUCT(S) or LICENSED SERVICE(S) or granting such a sublicense in said market or use would have a potentially adverse commercial effect upon marketing or sales of the LICENSED PRODUCT(S) developed and being sold by Company.

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