Other Quality Parameters Sample Clauses

Other Quality Parameters. In the event Buyer is unable, after exerting reasonable efforts, to burn coal shipped hereunder from reserves other than the Coalburg, Clarion and/or 5-Block seam reserves controlled by Marrowbone as of July 1, 1996 because such coal causes significant operating problems that are directly attributable to a quality parameter other than those set forth in Paragraph 1.0, Description, Buyer shall consult with Sellers, and allow Sellers' combustion consultants reasonable access to Buyer's records, facilities, and personnel, in an effort to alleviate such problems. In the event the parties' efforts do not alleviate such operating problems within forty-five (45) days from Buyer's notification to Sellers of the problem, Sellers shall, at their sole discretion, elect either (i) to change to a source that Sellers, after reasonable consultation with Buyer, determine will alleviate such operating problems, in which case shipments will commence as soon as practicable from such changed source and any shipments missed as a result of Buyer's operating problems or the change in source shall be made up as soon as practicable, or (ii) to cease shipments hereunder for the remaining term of the contract or commitment for the source that Sellers and Buyer believe is causing such operating problems. Buyer's operating problems, and Sellers' election of either of the foregoing options, shall not excuse or otherwise effect Buyer's obligation to make payments for coal pursuant to Paragraph 5.3. Upon request by Sellers, Buyer shall evaluate any source or seam of coal to be supplied under this Agreement, and if such source or seam is approved by Buyer, in writing, in advance of the commencement of shipments from such source or seam, the provisions of this Paragraph 6.1 shall not apply. Such approval shall not be unreasonably withheld, and Buyer shall not withhold such approval if it has previously purchased coal from the source or seam in question and burned such coal without encountering significant operating problems. Sellers shall provide Buyer with quality information regarding the seam or source. In the event Buyer has not burned coal from the source or seam in question, Buyer may test burn such coal. If Sellers request a test, Buyer shall test burn such coal unless the quality information provided to Buyer indicates that there is a quality characteristic inherent in the coal, other than those specified in Paragraph 1.0, Description, which prevents the burning of such coal at Rox...
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Related to Other Quality Parameters

  • Quality Specifications SANMINA-SCI shall comply with the quality specifications set forth in its Quality Manual, incorporated by reference herein, a copy of which is available from SANMINA-SCI upon request.

  • Quality Assurance Licensee agrees that all use of the Licensed Subject Matter shall be only upon the Products manufactured by or for Licensee in accordance with quality standards approved by Licensor prior to the commencement of manufacturing of the Products. Licensee shall submit for Licensor's sole and absolute approval the type of cereal, the name of cereal, the packaging design, advertising material, and all other materials to be used in connection with the Products subject to the sole and absolute approval of Licensor which shall not be unreasonably delayed or withheld.

  • Technical Specifications Each Bloom System is an integrated system comprised of a fuel cell stack assembly and associated balance of plant components that converts a fuel into electricity using electrochemical means that (i) has a Nameplate Capacity of at least 0.5 kilowatts of electricity using an electrochemical process and (ii) has an electricity-only generation efficiency greater than thirty percent (30%).

  • Money Market Fund Compliance Testing and Reporting Services Subject to the authorization and direction of the Trust and, in each case where appropriate, the review and comment by the Trust’s independent accountants and legal counsel, and in accordance with procedures that may be established from time to time between the Trust and the Administrator, the Administrator will:

  • Quality Agreement Each Party will comply with the terms of the Quality Agreement in the performance of its obligations hereunder including record retention, audits and inspections, change control, adverse events and product recall. The Parties will conduct periodic Product quality reviews in accordance with the terms of the Quality Agreement.

  • Quality Control A. Controlled Affiliate agrees to use the Licensed Marks and Name only in connection with the licensed services and further agrees to be bound by the conditions regarding quality control shown in attached Exhibit A as they may be amended by BCBSA from time-to-time.

  • Changes to Specifications All Specifications and any changes thereto agreed to by the parties from time to time shall be in writing, dated and signed by the parties. Any change to the Process shall be deemed a Specification change. No change in the Specifications shall be implemented by Catalent, whether requested by Client or requested or required by any Regulatory Authority, until the parties have agreed in writing to such change, the implementation date of such change, and any increase or decrease in costs, expenses or fees associated with such change (including any change to Unit Pricing). Catalent shall respond promptly to any request made by Client for a change in the Specifications, and both parties shall use commercially reasonable, good faith efforts to agree to the terms of such change in a timely manner. As soon as possible after a request is made for any change in Specifications, Catalent shall notify Client of the costs associated with such change and shall provide such supporting documentation as Client may reasonably require. Client shall pay all costs associated with such agreed upon changes. If there is a conflict between the terms of this Agreement and the terms of the Specifications, this Agreement shall control. Catalent reserves the right to postpone effecting changes to the Specifications until such time as the parties agree to and execute the required written amendment.

  • Forecasts and Orders 4.1 Customer shall provide IBM’s customer account representative with a Product demand forecast, which shall cover a minimum of twelve (12) months broken out by Product and month. By the fifth (5th) day of every month during the term of this Attachment, Customer will provide IBM’s customer account representative with an updated Product demand forecast covering a rolling twelve (12) month period (not to extend beyond the term of this Attachment), which will be reviewed for approval by IBM within ten (10) days of receipt by IBM. Forecasts shall constitute good faith estimates of Customer’s anticipated requirements for Products but shall not contractually obligate IBM to supply, nor contractually obligate Customer to purchase, the quantities of Product set forth in such forecasts.

  • Environmental Compliance and Conditions Except as set forth on Schedule 3.16:

  • Orders and Forecasts (a) Rolling […***…] Month Forecast. When each Product Agreement is executed, Client will give Patheon a non-binding […***…] month forecast of the volume of Product that Client expects to order in the first […***…] months of commercial manufacture of the Product. This forecast will then be updated by Client on or before the […***…] day of each month on a rolling forward basis. Client will update the forecast forthwith if it determines that the volumes estimated in the most recent forecast have changed by more than […***…]%. The most recent […***…] month forecast will prevail.

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