Product Control. Subject to its obligations under Section 3.3 --------------- hereof to offer low-cost insurance products, AIC reserves the sole right and power, exercisable in good faith at any time, to change the terms, rates, conditions, or other provisions contained in the Products or to reject requests for quotes for the Products or to rescind or refuse to renew or cancel any policy issued hereunder, in accordance with AIC's underwriting standards, except as may be limited by the terms of the policies or by applicable law or regulation. AIC further reserves the sole right and power to change its underwriting standards for the Products in accordance with sound insurance practices consistent with AIC's normal business practices and subject to applicable insurance law and further to suspend, restrict or modify the offer and sale of the Products for regulatory reasons. AIC shall inform ABTAC in writing promptly upon its taking any action under this Section 9.
1. In the event AIC suspends the offer and sale of Products (or so restricts or modifies such offer and sale so as to render the Products unavailable to the majority of Users previously qualified for such Products on the terms and conditions previously offered) in any jurisdiction or area within the Territory, it shall use its best efforts to make provision for the offer and sale by another underwriter of Products in such jurisdiction or area in a manner which minimizes the effect of such suspension upon the orderly marketing of the Products in such jurisdiction or area, and maximizes the expectancy of ABTAC under this Agreement. If AIC has not made such provision within 10 days of any such suspension, ABTAC shall be entitled to establish a relationship with another underwriter of Products in such jurisdiction or area, such relationship to be for a term not to exceed twelve months, and shall be entitled to make such agreements as necessary to secure such relationship, including the use of a Prohibited Marketing Term (in connection with the offering and sale of Products in such jurisdiction or area), and no aspect of such relationship or agreements shall give rise to any rights of AIC under this Agreement.
Product Control. Supplier shall ensure that that each unit of Product shall, at the time of its shipment materially comply with the Specifications. In the event of any failure for such unit to materially comply with the Specifications, Supplier shall repair or replace such unit to conform to the Specifications, as set forth in Article 11 of the Distributor Agreement. Supplier shall provide Distributor the Specifications, which shall include (without limiting the definition in the Agreement) performance and reliability specifications. Before commercial launch at a time and on conditions to be mutually agreed by the Parties, Supplier shall provide evidence that the Products materially comply with the Specifications including but not limited to the performance and reliability specification, by Product demonstrations, sharing of test, verification and validation reports or similar means. Supplier shall consider any advice from Distributor in good faith. Distributor must authorize the initial shipment of new Products within three (3) business days after Supplier releases the Products and provides a certificate to Distributor with a signature of its Quality Manager that the Products comply with
(a) their Specifications
(b) all relevant quality and regulatory requirements of safety & effectiveness in the country of distribution (at minimum FDA 510(k) clearance, UL (or CSA) certification for US, and all applicable IEC standards). This certificate will contain all references to the obtained product safety testing approvals. In addition to article 5.3 (Change Process) of the Distribution Agreement, in case of changes which affect the way the Product interacts with Distributor Equipment both Parties will mutually investigate Product compatibility and mutually approve, before shipment of Products with the change. Supplier shall make reasonable efforts to support any Distributor request for compatibility tests and provide all relevant documentation. As long as this Product change is not approved by Distributor, Supplier will ensure the availability of the previous Product version. Notwithstanding the fact that Distributor may have worked with Supplier in the preparation of the Specifications for Products, Distributor is relying on the technical expertise of Supplier with respect to the adequacy of the Specifications and with respect to the proper manufacture of the Product. Therefore Supplier shall be responsible for the Products materially meeting the Specifications, but also to the P...
Product Control. Each Testing Device shipped by Biosite shall contain numbers identifying manufacturing lot, expiry date for control purposes, and lot-specific quality control report.
Product Control. Each PRODUCT shipped by BIOSITE will contain numbers identifying manufacturing lot, expiry date for control purposes, and lot-specific quality control report.
Product Control. If UBI, being of the opinion that any beer produced or marketed by Heineken UK as the Product is in any aspect different from its specifications or standard (“off standard Product”), has given a notice in writing to Heineken UK to that effect, Heineken UK shall:
5.1 keep and procure to be retained in its or its Agent’s depot all such off standard Product;
5.2 use its reasonable endeavours to recover any such off standard Product already delivered;
5.3 dispose of such off standard Product; and
Product Control. 7 4.7 [CONFIDENTIAL MATERIAL REDACTED AND FILED SEPARATELY WITH THE COMMISSION] Reports................................................................ 7 4.8 Indemnification............................................................................. 7 4.9
Product Control. .1 Maintain an inventory of all products delivered to the Site and placed in temporary storage.
.2 Record the use of products during the course of construction.
.3 When requested by The Owner, provide inventory records for verification of quantities.
Product Control. Active Voice may modify the Licensed Software, Third Party Software, Active Voice Hardware and/or Third Party Hardware under a SPA in its sole discretion. If NEC does not accept such modification the Parties shall terminate the SPA for that product and such termination shall be NEC's sole and exclusive remedy with respect to such SPA. A modified product shall supersede the prior version of that product and the prior version shall not be deemed discontinued if the modified version utilizes a significant portion of the common core technology utilized in such prior version.
Product Control
