OVERRUNS AND UNDERRUNS Sample Clauses

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. 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. 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.
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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.
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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.
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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.
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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. 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. 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)
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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

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  • Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. Does Vendor agree? Yes, Vendor agrees Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body.

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  • Invoicing for Charges Against the Judicial Council’s Master Account A. The Contractor shall establish a Master Account for the Judicial Council’s charges provided for under the exhibits of this Agreement. B. Charges to the Master Account shall be settled with Citibank CMC, as defined herein. C. The Contractor's final invoice for the Master Account shall include the Judicial Council Contract Number set forth on the face of this Agreement and shall be itemized to show the applicable and allowable charges by date and event/category/activity and number served, as appropriate. D. For performing the Work of this Agreement, the Contractor shall xxxx the Judicial Council for the total actual charges against the Master Account, based upon the prices stated herein and itemized to provide the following details, if applicable: i. Sleeping room charges as set forth in Exhibit C; ii. Meeting room rental charges as set forth in Exhibit D; iii. Food and beverage charges as set forth in Exhibit E; and/or iv. Charges for miscellaneous requirements as set forth in Exhibit F. E. If the Contract is terminated in whole or in part, pursuant to either the termination for cause provision or the Judicial Council’s obligation subject to availability of funds provision, as set forth in Exhibit A, the Contactor shall xxxx the Judicial Council for only those applicable and allowable charges accrued up to the effective date of termination, itemized as set forth above in this provision. F. If the Contract is terminated pursuant to the Termination Fee charge provision, as set forth in Exhibit B, the Contractor shall xxxx the Judicial Council for the allowable and applicable Termination Fee, as set forth in Table 2, below, and shall offset the Termination Fee by rental charges for the meeting and function rooms that the Contractor received from Third Parties during the Program

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  • Partial Withdrawals At any time any Holder shall be entitled to request a withdrawal of such portion of the Interest held by such Holder as such Holder shall request.

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