Product Credit Sample Clauses

Product Credit. If McLeodUSA acquires Seventeen Million One Hundred Seventy Five Thousand Eight Hundred Ninety Two Dollars ($17,175,892.00), or more, of the total Litespan(R)/Starspan(R) product commitment during the first 24 months of the project plan, ALCATEL will grant McLeodUSA a Litespan(R) product credit of Three Hundred Sixty-Five Thousand Dollars ($365,000.00) for the FTTC trial products already delivered to McLeodUSA ATS Division in Cedar Rapids, IA. If McLeodUSA fails to achieve the Litespan(R) product purchase commitment in the first 24 months of the project plan, the amount of Litespan(R) product credit will be pro-rated to the same level of actual product purchases (i.e. if 80% of purchase commitment is made, product credit would equal 80% of the product purchases for the FTTC trial). Any amount payable to ALCATEL from McLeodUSA would be due on the 25th month after execution of this Amendment.
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Product Credit. WO or its Stores may email notification, in accordance with UNFI’s standard notification process, of credits for damaged Product, miss-picks of goods not on the APL and for short-dated/out-of-code Product received on delivery from UNFI in accordance to WO Code Date Policy attached as Exhibit J hereto, provided the total amount of the credit per Store is $25 or greater. The cost of miss-picks received at Store level of Products on the APL shall be debited to WO, assuming WO can use the Products based on the quantity delivered and remaining code dates on such Products. UNFI and WO shall discuss the disposition of miss-picks.
Product Credit. Within thirty (30) days of receipt of the Service Report for any month, Biogen shall issue to Nova Factor a credit memo in an amount equal to the quantity of Product shipped during the month from Nova Factor's inventory under the terms of Sections 2.1, 3.1 and 5.1 of this Agreement multiplied by the then current purchase price for Product *. Nova Factor may apply credits given under this Section against purchases of Product under the Distribution Agreement. Credits may not be assigned or transferred by Nova Factor to a third party, and no cash payments shall be made on account of any credit, except where Nova Factor has credit due on the termination of the Distribution Agreement. Nova Factor shall not unilaterally apply any credit against or make any deductions from payment due to Biogen under the Distribution Agreement without prior written notice to and approval of Biogen. Credits shall be applied under the Distribution Agreement on a first-in, first-out basis.
Product Credit. Young hereby grants a credit (the "Product Credit") to Bio Dental that may be applied by Bio Dental or its subsidiary The Supply House ("Supply House") (or any other subsidiary of Bio Dental) toward future purchases of products from Young or subsidiaries of Young. The Product Credit shall be in an amount equal to the aggregate amounts owing to Bio Dental by the Predecessor at the Closing Date (as defined in the Purchase Agreement), which amounts shall be calculated (i) according to the terms of the License Agreement, and (ii) consistent with the calculation of the amounts owing by the Predecessor to Bio Dental as of March 31, 1996. The Product Credit and Mendxxx Xxxment (as defined in Section 5.2 below) will, however, be reduced, by a ratio of fifty percent (50%) against the Product Credit and fifty percent (50%) against the Mendxxx Xxxment, by the amount (if any) by which the Net Working Capital (as defined below) of the Predecessor as reflected on the balance sheet of the Predecessor as at the Closing Date (the "Closing Balance Sheet") is less than $471,783.00 (the Net Working Capital of the Predecessor at March 31, 1996). For purposes of this provision, the term Net Working Capital means the difference between the current assets and the current liabilities of the Predecessor reflected on its balance sheet, adjusted, however, to (i) delete from such balance sheet all amounts owed by Bio Dental to the Predecessor or by the Predecessor to Bio Dental except amounts owing for goods purchased in the ordinary course of business, and (ii) include in current liabilities all outstanding indebtedness (whether short-term or long-term) of
Product Credit. If monthly average Latency exceeds the parameters set forth in Section 5.2.1, Licensee shall be entitled to a Product Credit of ten percent (10%) of the applicable MRC.
Product Credit. If monthly average Packet Delivery fails to meet the parameters set forth in Section 5.3.1, Licensee shall be entitled to a Product Credit of ten percent (10%) of the applicable MRC.
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Product Credit. If, at any time, the Product experiences Throughput below the ninety-five percent (95%) monthly average set forth in Section 5.4.1, Licensee shall be entitled to a Product Credit of ten percent (10%) of the applicable MRC.
Product Credit. We reserve the right to issue a product credit to you instead of your replacement, exchange, or refund request at our discretion if the conditions outlined in this Product Return Policy are not met by you. If you return an item that was purchased using product credit, upon approval, the credit will be reissued. The original product credit expiration date will be extended by 15 days. ● Gift Cards. Gift cards cannot be refunded or exchanged for cash. Qyral is not responsible for lost or stolen gift cards. If you return an item that you purchased with a Qyral gift card, the applicable refund amount will be placed back on the gift card (less any applicable delivery charges and taxes). Please note that Personal Sales Volume is applied when the Gift Card is redeemed, not when it is purchased.

Related to Product Credit

  • Product ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User(s) shall have thirty (30) days from the date of delivery to accept hardware products and sixty (60) days from the date of delivery to accept all other Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty (30) day increment. Authorized User shall notify Contractor of acceptance upon successful completion of the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of profits, expenses, or other remuneration of any kind. If the Authorized User elects to provide a deficiency statement specifying how the Product fails to meet the specifications within the testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) days to evaluate the Product as provided herein. If the Product does not meet the specifications at the end of the extended testing period, Authorized User, upon prior written notice to Contractor, may then reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to Contractor therefor. Costs and liabilities associated with a failure of the Product to perform in accordance with the functionality tests or product specifications during the acceptance period shall be borne fully by Contractor to the extent that said costs or liabilities shall not have been caused by negligent or willful acts or omissions of the Authorized User’s agents or employees. Said costs shall be limited to the amounts set forth in the Limitation of Liability Clause for any liability for costs incurred at the direction or recommendation of Contractor.

  • Licensed Product “Licensed Product” shall mean any article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights.

  • Product Changes Vocera shall have the right, in its absolute discretion, without liability to End User, to update to provide new functionality or otherwise change the design of any Product or to discontinue the manufacture or sale of any Product. Vocera shall notify End User at least 90 days prior to the delivery of any Product which incorporates a change that adversely affects form, fit or function (“Material Change”). Vocera shall also notify End User at least 90 days prior to the discontinuance of manufacture of any Product. Notification will be made as soon as reasonably practical for changes associated with regulatory or health and safety issues.

  • Product Quality 4.1 The following provisions shall apply to Product after Production:

  • Combination Product The term “

  • Manufacturing Services Jabil will manufacture the Product in accordance with the Specifications and any applicable Build Schedules. Jabil will reply to each proposed Build Schedule that is submitted in accordance with the terms of this Agreement by notifying Company of its acceptance or rejection within three (3) business days of receipt of any proposed Build Schedule. In the event of Jabil’s rejection of a proposed Build Schedule, Jabil’s notice of rejection will specify the basis for such rejection. When requested by Company, and subject to appropriate fee and cost adjustments, Jabil will provide Additional Services for existing or future Product manufactured by Jabil. Company shall be solely responsible for the sufficiency and adequacy of the Specifications [***].

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Product Recall (a) If a recall is required by applicable Law, or if Buyer or Supplier reasonably determines that a recall is advisable because the goods may create a potential safety hazard, are not in compliance with any applicable code, standard or legal requirement, or contain a defect or non-conformance with the requirements of this Order occurring or likely to occur in multiple goods, which such defects or non-conformances are substantially similar or have substantially similar causes or effects (collectively a “Serial Defect”), the parties shall promptly communicate such facts to each other. At Buyer’s request, Supplier shall promptly develop a corrective action plan satisfactory to Buyer, which shall include all actions required to recall and/or repair the goods and any actions required by applicable Law (“Corrective Action Plan”) for Buyer’s review and approval. At Buyer’s election, Xxxxx may develop the Corrective Action Plan. In no event shall Buyer and Supplier’s failure to agree on the Corrective Action Plan delay the timely notification of a potential safety hazard, non-compliance or Serial Defect to users of the goods, cause either party to be non-compliant with applicable Law or prevent Buyer from taking reasonable actions to prevent injury or damage to persons, equipment or other property. Supplier and Buyer shall cooperate with and assist each other in any corrective actions and/or filings, if applicable.

  • Product Recalls The Company is not aware of any pattern or series of claims against the Company or any of its subsidiaries which reasonably could be expected to result in a generalized product recall relating to products sold by the Company or any of its subsidiaries, regardless of whether such product recall is formal, informal, voluntary or involuntary.

  • Commercialization Intrexon shall have the right to develop and Commercialize the Reverted Products itself or with one or more Third Parties, and shall have the right, without obligation to Fibrocell, to take any such actions in connection with such activities as Intrexon (or its designee), at its discretion, deems appropriate.

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