OVERRUNS AND UNDERRUNS Sample Clauses

OVERRUNS AND UNDERRUNS. Seller shall be permitted an overrun or underrun of up to five percent (5%) of the order. Buyer shall pay for the product actually shipped.
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OVERRUNS AND UNDERRUNS. Notwithstanding anything to the contrary in this Agreement, on a Product SKU-by-Product SKU basis, the permissible overrun and underrun of a given Product SKU delivered by Parent in any given Month shall not exceed plus or minus five percent (5%) of the confirmed, aggregate amount of units of such Product SKU actually ordered in that Month, provided that the yearly overrun or underrun may not exceed plus or minus two percent (2%) of the confirmed, aggregate amount of units of such Product SKU actually ordered in any Fiscal Year. For the avoidance of doubt, such permitted overrun and underrun amounts will be calculated on a Product SKU-by-Product SKU (not manufacturing site-by-manufacturing site) basis.
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OVERRUNS AND UNDERRUNS. The actual number of copies delivered under this Agreement may because of OVERRUN or UNDERRUN vary from the number ordered as set forth in the schedule below. A directory containing both alphabetical and classified sections shall be considered as one directory. If an alphabetical section of a directory is used in other directories accompanied by different classified sections, the allowable OVERRUN or UNDERRUN for each directory shall be based on such classified runs rather than on the total run for the main alphabetical section.
Sample 1
OVERRUNS AND UNDERRUNS. The actual number of copies delivered under this Agreement may because of OVERRUN or UNDERRUN vary from the number ordered as set forth in the schedule below. A directory containing both alphabetical and classified sections shall be considered as one directory. If an alphabetical section of a directory is used in other directories accompanied by different classified sections, the allowable OVERRUN or UNDERRUN for each directory shall be based on such classified runs rather than on the total run for the main alphabetical section. Number of Copies Ordered Allowable Overrun or Underrun 1,000 and under 2.50% 1,001 through 5,000 25 Copies or 1.25%(whichever is greater) 5,001 through 15,000 65 Copies or 1.00%(whichever is greater) 15,001 through 25,000 150 Copies or .75%(whichever is greater) 25,001 through 50,000 190 Copies or .50%(whichever is greater) 50,001 through 100,000 250 Copies or .40%(whichever is greater) 100,001 through 200,000 400 Copies or .35%(whichever is greater) 200,001 through 500,000 700 Copies or .25%(whichever is greater) 500,001 and over 1,250 Copies or .15%(whichever is greater)
Sample 1
OVERRUNS AND UNDERRUNS. Variations in quantity of *** percent more or less than quantities ordered for gravure titles and *** percent more or less than quantities ordered for AMI COUNTRY MUSIC will constitute acceptable delivery, and the price will be adjusted at the over/under delivery per thousand copy price. If the work involves more than one version, the over/under percent for each version shall depend upon ordered quantity of that version, as separately quoted.
Sample 1
OVERRUNS AND UNDERRUNS. The City and Commission will share cost overrun expenses equally and cost under run savings equally for total project costs eligible for cost sharing. For its share of cost overrun expenses, the City agrees that the Commission may program up to 80% STBG funds allocated to the City by the Ozarks Transportation Organization, with the remainder being City local funds. The original estimate of the City’s responsibility was nine hundred ninety-nine thousand, three hundred ninety-six dollars ($999,396.00) as noted in paragraph 9(B) of this agreement. Based on final actual project costs, the City’s actual responsibility is one million, one hundred sixty-nine thousand, nine hundred eighteen dollars and ninety-three cents ($1,169,918.93), an increase of one hundred seventy thousand, five hundred twenty-two dollars and ninety-three cents ($170,522.93). This additional amount ($170,522.93) is the responsibility of the City and the City agrees the Commission may program additional STBG funds allocated to the City in the amount of one hundred thirty-six thousand, four hundred eighteen dollars ($136,418.00), with the remaining city obligation of thirty-four thousand, one hundred four dollars and ninety-three cents ($34,104.93) from city local funds and remitted by a check payable to the Director of Revenue – Credit State Road Fund. The Commission will be responsible for all cost overruns and receive all savings for cost underruns for costs not eligible for cost sharing. The Commission’s share of any cost overruns will come from its Southwest District distributed funds.
Sample 1
OVERRUNS AND UNDERRUNS. Unless otherwise specified by Seller in writing, overruns or underruns of up to ten percent of the total amount of Product purchased under the Agreement shall be deemed conclusively to constitute fulfillment of the Agreement, provided that Seller shall invoice Buyer for the amount of Product actually delivered.
Sample 1
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OVERRUNS AND UNDERRUNS. Printer will endeavor to print the quantities ordered by Customer but variations in quantity of 10% more or less will be acceptable delivery and the price will be adjusted pro rata, exclusive of make readies.
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OVERRUNS AND UNDERRUNS. Overruns and underruns are not acceptable, unless otherwise authorized in writing by the customer.
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Related to OVERRUNS AND UNDERRUNS

  • Extent of Liability; Contribution (a) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s Allocable Amount.

  • Limitations Pertaining to Capital Contributions 5.2.1: Except as otherwise specifically provided in this Agreement, or as otherwise provided by law, no Member shall have the right to withdraw from the Company or to demand or receive a return of his capital without the consent of the Manager. Upon return of any Capital Contributions, no Member shall have the right to receive property other than cash except as may be specifically provided herein.

  • Contribution; Limitations on Liability; Non-Exclusive Remedy If the indemnification provided for in this Section 5 is unavailable or insufficient to hold harmless an indemnified party under subsection (a) or (b) above, then each indemnifying party shall contribute to the amount paid or payable by such indemnified party as a result of the losses, claims, damages or liabilities referred to in subsection (a) or (b) above, (i) in such proportion as is appropriate to reflect the relative benefits received by the Company on the one hand and the Agent on the other from the offering of the Shares, or (ii) if the allocation provided by clause (i) above is not permitted by applicable law, in such proportion as is appropriate to reflect not only the relative benefits referred to in clause (i) above but also the relative fault of the Company on the one hand and the Agent on the other in connection with the statements or omissions that resulted in such losses, claims, damages or liabilities, as well as any other relevant equitable considerations. The relative benefits received by the Company on the one hand and the Agent on the other shall be deemed to be in the same proportion as the total net proceeds from the offering (before deducting expenses) received by the Company bear to the total commissions received by the Agent (before deducting expenses) from the sale of the Shares. The relative fault shall be determined by reference to, among other things, whether the untrue or alleged untrue statement of a material fact or the omission or alleged omission to state a material fact relates to information supplied by the Company or the Agent, the intent of the parties and their relative knowledge, access to information and opportunity to correct or prevent such untrue statement or omission. The Company and the Agent agree that it would not be just and equitable if contributions pursuant to this subsection (d) were to be determined by pro rata allocation or by any other method of allocation which does not take account of the equitable considerations referred to in this subsection (d). The amount paid or payable by an indemnified party as a result of the losses, claims, damages or liabilities referred to in this subsection (d) shall be deemed to include any legal or other expenses reasonably incurred by such indemnified party in connection with investigating or defending against any action or claim which is the subject of this subsection (d). Notwithstanding the provisions of this subsection (d), the Agent shall not be required to contribute any amount in excess of the commissions received by it under this Agreement. No person guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any person who was not guilty of such fraudulent misrepresentation.

  • Application of Commitment Reductions; Payment of Fees The Administrative Agent will promptly notify the Appropriate Lenders of any termination or reduction of unused portions of the Letter of Credit Sublimit or the Swing Line Sublimit or the unused Commitments of any Class under this Section 2.06. Upon any reduction of unused Commitments of any Class, the Commitment of each Lender of such Class shall be reduced by such Lender’s Pro Rata Share of the amount by which such Commitments are reduced (other than the termination of the Commitment of any Lender as provided in Section 3.07). All commitment fees accrued until the effective date of any termination of the Aggregate Commitments shall be paid on the effective date of such termination.

  • Presumptions and Burdens of Proof; Effect of Certain Proceedings (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall, to the fullest extent not prohibited by law, presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 5.01(b) of this Agreement, and the Company shall, to the fullest extent not prohibited by law, have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption. Neither the failure of any person, persons or entity to have made a determination prior to the commencement of any action pursuant to this Agreement that indemnification is proper in the circumstances because Indemnitee has met the applicable standard of conduct, nor an actual determination by any person, persons or entity that Indemnitee has not met such applicable standard of conduct, shall be a defense to the action or create a presumption that Indemnitee has not met the applicable standard of conduct.

  • Application of Other Payments Except as otherwise provided in Section 2.15, prepayments of the Revolving Facility made pursuant to this Section 2.05(b), first, shall be applied ratably to the L/C Borrowings and the Swingline Loans, second, shall be applied to the outstanding Revolving Loans, and, third, shall be used to Cash Collateralize the remaining L/C Obligations; and, in the case of prepayments of the Revolving Facility required pursuant to clause (i), (ii), (iii), or (iv) of this Section 2.05(b), the amount remaining, if any, after the prepayment in full of all L/C Borrowings, Swingline Loans and Revolving Loans outstanding at such time and the Cash Collateralization of the remaining L/C Obligations in full (the sum of such prepayment amounts, cash collateralization amounts and remaining amount being, collectively, the “Reduction Amount”) may be retained by the Borrower for use in the ordinary course of its business, and the Revolving Facility shall be automatically and permanently reduced by the Reduction Amount as set forth in Section 2.06(b)(ii). Upon the drawing of any Letter of Credit that has been Cash Collateralized, the funds held as Cash Collateral shall be applied (without any further action by or notice to or from the Borrower or any other Loan Party or any Defaulting Lender that has provided Cash Collateral) to reimburse the L/C Issuer or the Revolving Lenders, as applicable. Within the parameters of the applications set forth above, prepayments pursuant to this Section 2.05(b) shall be applied first to Base Rate Loans and then to Eurodollar Rate Loans in direct order of Interest Period maturities. All prepayments under this Section 2.05(b) shall be subject to Section 3.06, but otherwise without premium or penalty, and shall be accompanied by interest on the principal amount prepaid through the date of prepayment.

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