NORTEL NETWORKS' PRODUCT QUALIFICATION AND ACCEPTANCE PROGRAM Sample Clauses

NORTEL NETWORKS' PRODUCT QUALIFICATION AND ACCEPTANCE PROGRAM. 4.1 Supplier undertakes to supply Products which comply with the Specifications. Except as otherwise set forth herein, prior to being purchased by Nortel Networks, the products listed in Exhibit A, Part II will undergo a program of evaluation, qualification and acceptance by Nortel Networks ("ACCEPTANCE PROGRAM") to verify their compliance with the Specifications. Products listed in Exhibit A, Part I have been accepted by Nortel Networks in accordance with this Section 4. The Acceptance Program will be conducted in accordance with Exhibit B, Part II. 4.2 It is acknowledged by Supplier that circumstances may arise where Nortel Networks will desire to purchase one or more products as are listed in Exhibit A, Part II, prior to acceptance thereof in accordance with this Section 4. Such circumstances will be examined in good faith by the Parties on a case-by-case basis. In the event Supplier accepts to sell any one of the products, Nortel Networks will issue Purchase Order(s) covering same and the provisions of Section 4.6 shall be applicable to such Purchase Order(s). If products are ordered pursuant to this Section 4.2, such products shall be treated as Products for all purposes of this Agreement. Supplier shall not unreasonably refuse to accept Nortel Networks' Purchase Orders covering products. Specifications applicable to products ordered pursuant to this Section 4.2 shall be the specifications set forth in Exhibit B, part I of this Agreement.
Sample 1
NORTEL NETWORKS' PRODUCT QUALIFICATION AND ACCEPTANCE PROGRAM. 4.1 Avanex undertakes to supply Products which comply with the Specifications. Except as otherwise set forth herein, prior to being purchased by Nortel Networks, the products listed in Exhibit A, Part II will undergo a program of evaluation, qualification and acceptance by Nortel Networks ("Acceptance Program") to verify their compliance with the Specifications. Products listed in Exhibit A, Part I have been accepted by Nortel Networks in accordance with this Section 4. The Acceptance Program will be conducted in accordance with Exhibit B, Part II. 4.2 It is acknowledged by Avanex that circumstances may arise where Nortel Networks will desire to purchase one or more products as are listed in Exhibit A, Part II, prior to acceptance thereof in accordance with this Section 4. Such circumstances will be examined in good faith by the Parties on a case-by-case basis. In the event Avanex accepts to sell any one of the products, Nortel Networks will issue Purchase Order(s) covering same and the provisions of Section 4.6 shall be applicable to such Purchase Order(s) which, for the purpose of determining the rights and obligations of the Parties hereunder, shall be deemed to have been issued in respect of Products. Avanex shall not unreasonably refuse to accept Nortel Networks' Purchase Orders covering products. 4.3 Acceptance by Nortel Networks of the products will take place upon successful completion by Nortel Networks of its Acceptance Program. Nortel Networks will notify Avanex in writing of its acceptance of the products within three (3) Business Days from successful completion of its Acceptance Program. 4.4 In the event that in the course of the carrying out of the Acceptance Program, Nortel Networks determines that the products fail to comply with the Specifications, Nortel Networks will promptly notify Avanex in writing of such failure, with reasonable detail, and upon receipt of such notice, Avanex will, at its expense, take prompt and effective action to correct the notified deficiencies by the applicable Acceptance Date, as such term is hereafter defined. Product acceptance dates shall be mutually agreed upon by the Parties on a case-by-case basis, (herein referred to as "Acceptance Date"), or extensions thereof, if any, granted in writing by Nortel Networks. In such case, acceptance of the products will take place upon verification by Nortel Networks that the notified deficiencies have been corrected, and accepted products shall become Products hereunde...
Sample 1

Related to NORTEL NETWORKS' PRODUCT QUALIFICATION AND ACCEPTANCE PROGRAM

  • Manufacturing Services Patheon will perform the Manufacturing Services for Products to be distributed and sold by Client in the Territory for the fees specified in Schedules B and C to the relevant Product Agreement. Schedule B to each Product Agreement sets forth a list of cost items that are included in the Price for Products; all cost items that are not included in this list are excluded from the Price and are subject to additional fees to be paid by Client. Patheon may amend the fees set out in Schedules B and C to a Product Agreement as set forth in Article 4. Patheon will perform the Manufacturing Services solely at the Manufacturing Site, unless otherwise agreed in writing by Client. If the parties agree that Patheon will supply, and Client will purchase, at least a specified minimum percentage of Client’s requirements for a Product under a Product Agreement (the “Required Percentage”), then the applicable Product Agreement will set forth the Required Percentage and the time period during which the obligation will apply (the “Required Period”). But this obligation (if any) will cease to apply to Client with respect to the Product if Patheon fails to remain in material compliance with its obligations under this Agreement or the applicable Product Agreement, or Patheon suspends performance under this Agreement or the applicable Product Agreement in connection with a Force Majeure Event or where Patheon is or will be prevented from supplying the Product as a result of the action of a Regulatory Authority. Subject to its obligation (if any) to purchase the Required Percentage of a Product during the Required Period, Client may, at any time, obtain Product from a third party or may, at any time, qualify a third party to perform Manufacturing Services for the Product. In performing the Manufacturing Services, Patheon and Client agree that:

  • Additional Products and Services Subject to the allocation of funds, the CPO may add similar equipment, supplies, services, or locations, within the scope of this Agreement, to the list of equipment, supplies, services, or locations to be performed or provided by giving written notification to Contractor. For purposes of this Section, the “Effective Date” means the date specified in the notification from the CPO. As of the Effective Date, each item added is subject to this Agreement, as if it had originally been a part, but the charge for each item starts to accrue only on the Effective Date. In the event the additional equipment, supplies, services, or locations are not identical to the items(s) already under this Agreement, the charges therefor will then be Contractor’s normal and customary charges or rates for the equipment, supplies, services, or locations classified in the Fees and Costs (Exhibit “F”).

  • Product Quality Isoprene, (hereinafter referred to as “Product”) supplied and maintained on consignment at Belpre in accordance with Article 6, and will be in accordance with specifications set forth in Exhibit A. Seller will facsimile to the Buyer at time of shipment a Certificate of Analysis (COA). Seller will provide Buyer six (6) months advanced notification if there is a change in the manufacturing process that will affect the material specifications of Product provided to the Buyer. Product produced by the Seller in different plants is viewed as coming from different supply sources and requires separate qualifications. Product to be shipped for the Seller from third parties must be from a third party qualified by the Buyer based on Buyer’s criteria as specified in Exhibit B. Buyer will have the right to confirm each such shipment-conforms to the agreed specification; Seller must obtain approval prior to shipment any material that does not meet the Buyers specifications. If Seller deliveries Product failing to comply with the specifications set out in Exhibit A, Seller will reimburse Buyer for freight expenses associated with such shipment and be entitled at its option to i) require Seller to replace such defective Product at a price not to exceed the invoice value or ii) to reimburse the invoice value of the defective Product. If, Buyer has cause to complain that the quality of Product delivered to it pursuant to the Contract does not comply with the specification set out in Exhibit A, Buyer will give written notice specifying the nature of its complaint and the parties will promptly meet so as to resolve that complaint. In absence of any agreement to resolve the complaint the parties will appoint at their joint cost a mutually acceptable independent surveyor to examine whether the quality of Product as delivered complied with the specifications set forth in Exhibit A. In the absence of any written notice from Buyer to Seller within 30 days after delivery of the Product, the Product shall be deemed to have been delivered and accepted by Buyer in a satisfactory condition and in all respects in accordance with the specifications and Seller shall have no liability to Buyer with respect to that delivery.

  • Required Procurement Procedures for Obtaining Goods and Services The Grantee shall provide maximum open competition when procuring goods and services related to the grant- assisted project in accordance with Section 287.057, Florida Statutes.

  • Third Party Components The Products and Services may contain third party components (including open source software) subject to separate license agreements. To the limited extent a third party license expressly supersedes this XXXX, such third party license governs Customer’s use of that third party component.

  • Quality Control Program Engineer shall have a quality control program in place that ensures that all deliverable work is of high quality. Engineer shall submit a plan detailing its program to the Inspection Branch of the TxDOT Bridge Division for review and approval prior to beginning work. State may review or audit the programs.

  • Technical Support Services 2.1 The technical support services (the "Services"): Party A agrees to provide to Party B the relevant services requested by Party B, which are specified in Exhibit 1 attached hereto ("Exhibit 1").

  • Approved Services; Additional Services Registry Operator shall be entitled to provide the Registry Services described in clauses (a) and (b) of the first paragraph of Section 2.1 in the Specification 6 attached hereto (“Specification 6”) and such other Registry Services set forth on Exhibit A (collectively, the “Approved Services”). If Registry Operator desires to provide any Registry Service that is not an Approved Service or is a material modification to an Approved Service (each, an “Additional Service”), Registry Operator shall submit a request for approval of such Additional Service pursuant to the Registry Services Evaluation Policy at xxxx://xxx.xxxxx.xxx/en/registries/rsep/rsep.html, as such policy may be amended from time to time in accordance with the bylaws of ICANN (as amended from time to time, the “ICANN Bylaws”) applicable to Consensus Policies (the “RSEP”). Registry Operator may offer Additional Services only with the written approval of ICANN, and, upon any such approval, such Additional Services shall be deemed Registry Services under this Agreement. In its reasonable discretion, ICANN may require an amendment to this Agreement reflecting the provision of any Additional Service which is approved pursuant to the RSEP, which amendment shall be in a form reasonably acceptable to the parties.

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

  • DISTRIBUTION OF CONTRACTOR PRICE LIST AND CONTRACT APPENDICES Contractor shall provide Authorized Users with electronic copies of the Contract, including price lists and Appendices, upon request. Contract Updates will be handled as provided in Appendix C – Contract Modification Procedures.