PRODUCT DESIGNATION Clause Samples

The PRODUCT DESIGNATION clause defines and specifies the exact products or goods that are subject to the agreement. It typically lists product names, model numbers, or other identifying details to ensure both parties are clear about what is being supplied or purchased. By clearly identifying the products involved, this clause prevents misunderstandings or disputes over what items are covered under the contract, ensuring clarity and precision in the transaction.
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PRODUCT DESIGNATION. When descriptive catalog designations, including the manufacturer’s name, product brand name, or model number are referred to in the Contract Documents, such designations shall be considered as being those found in industry publications of current issue at the date of Contract execution.
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PRODUCT DESIGNATION. A. Product Selection - El Chico may designate the brands and/or suppliers of Products it prefers to have SYGMA supply. El Chico reserves the right to select all Product CORPDAL:63523.1 14047-00001 1 suppliers and to negotiate price and terms with all suppliers of Products and all freight service suppliers. B. Inventory Management - SYGMA shall use reasonable, good-faith effort to utilize proper inventory management to assure a continuous supply of Products while minimizing the risk of inventory obsolescence. SYGMA will provide El Chico with a quarterly status report of slow-moving or close-coded Products. Within two weeks of receipt of the quarterly status report of slow-moving or close-coded products, El Chico and SYGMA agree to review all products whose risk of obsolescence is apparent. Joint resolutions to assign and reduce obsolete inventory exposure will be initiated. El Chico will communicate with SYGMA regarding anticipated menu or Product mix changes to help avoid obsolete inventory issues and will assist SYGMA in removal or disposition of slow-moving and close-coded Products. If SYGMA purchases a Product in reasonable anticipation of sale to El Chico and the use of such Product by all or any of the Restaurants is discontinued by El Chico or the volume of purchases of a Product declines substantially to the point where El Chico and SYGMA agree the risk of obsolescence is apparent, El Chico will either: 1) assume financial responsibility for the cost to return any unsold inventory of such product to the supplier; unless the inventory obsolescence or a portion thereof was caused by SYGMA in which case SYGMA will be responsible for the cost of any unsold inventory of such products; or 2) designate a specific restaurant or restaurants to purchase and use the subject product inventory within a reasonable period of time; or 3) implement other disposal alternatives, to be mutually determined; or 4) if such Product is not sold or otherwise disposed of in accordance with this paragraph IIIB, El Chico shall within 30 days, pay SYGMA the Cost herein defined of any unsold inventory of such product. SYGMA will make such Product available for pick up by El Chico or its designee. Notwithstanding, anything to the contrary in this Agreement, El Chico will not be responsible for SYGMA orders of discontinued product after El Chico has given SYGMA written notice of discontinuance of such product. SYGMA will use reasonable good faith efforts to cancel or return vendor ...
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PRODUCT DESIGNATION. A. Product Selection -- CC shall have the right to designate the brands and/or suppliers of Products it requires to have SYSCO supply. [*] B. Inventory Management -- SYSCO shall use reasonable, good-faith efforts to utilize proper inventory management for a continuous supply of Products while minimizing the risk of inventory obsolescence. SYSCO will provide CC with a monthly status report of slow-moving and obsolete Products and those Products approaching the expiration of their shelf life. A slow moving Product is defined as having less than 10 cases movement in the last 13 weeks. An obsolete item is defined as having zero case movement in the last 60 days. Within two weeks of its receipt of the monthly status report of slow-moving Products, obsolete Products and Products approaching the expiration of their shelf life, CC and SYSCO agree to review all products whose risk of obsolescence is apparent. Joint resolutions to assign and reduce obsolete inventory exposure will be initiated within forty-five (45) days after the expiration of the two week period referred to in the preceding sentence. CC will communicate with SYSCO regarding anticipated menu or Product mix changes to help avoid obsolete inventory issues and will assist SYSCO in removal or disposition of slow-moving and obsolete Products and those Products approaching the expiration of its shelf life. If SYSCO has been authorized to purchase and then purchases a Product in reasonable anticipation of sale to CC and the volume of purchases of a Product declines substantially to the point where the risk of obsolescence is apparent, CC will either: 1) assume financial responsibility for the cost to return any unsold inventory of such Product to the supplier; unless the inventory obsolescence or a portion thereof was caused by SYSCO in which case SYSCO will be responsible for the cost of any unsold inventory of such Products; or 2) designate a specific Restaurant or Restaurants to purchase and use the subject Product inventory within a reasonable period of time; or 3) implement other disposal alternatives, to be mutually determined inclusive of moving such Product to SYSCO Central Warehouse; or 4) if such Product is not sold or otherwise disposed in accordance with this paragraph IIB, and after the above alternatives have been exhausted, then SYSCO may invoice CC for such ---------- * Confidential material in this section has been omitted pursuant to a request for confidential treatment; the omitted mate...
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PRODUCT DESIGNATION. Both parties recognize that the cost, to ARCA, for the product sold under this Agreement, is determined by the designation of each unit within the categories identified in Section 1, above. Such designation shall, initially, be made by Maytag. If ARCA disagrees with any designation made by Maytag with respect to any particular unit, ARCA shall, within 30 days, notify Maytag. On the first available day, a Maytag field representative shall meet at ARCA's site to discuss the product designations. If agreement cannot be made between ARCA and Maytag, ARCA shall redeliver any such unit to its dock of origin at no cost to Maytag for credit at invoice cost.
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PRODUCT DESIGNATION. Approximate harvest unit boundaries are depicted in Exhibit B – Bald Sale Area Map. Units 2, 3, 6, 9, 10, 11 and 12 are marked for small group selection. Units 1, 4, 5n, 5s, 7 and 8 are designated by description, with small reserve islands spread across the units. Unit boundaries that are shared between Group Selection and Variable Retention units are marked with
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PRODUCT DESIGNATION. Buyer shall designate the brands and/or suppliers of Products it requires and may negotiate with designated suppliers the price and terms at which McCabe's shall procure Products from such suppliers for resale to th▇ ▇▇▇▇▇▇rants, which shall be based upon volume requirements that are supported by the historical usage over the previous twelve (12) month period.
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Related to PRODUCT DESIGNATION

  • Project Design Applicants must design a project that provides access to health services to enable eligible women and men experiencing health needs to secure and maintain safe and accessible quality screening and diagnostic services, comprehensive family planning, and/ or other women’s health services. A. Applicants are encouraged to emphasize the following components in the design of their projects. Projects must: 1. Use a collaborative approach to maximize existing community resources and avoid duplication of effort; 2. Enhance systems and local processes to make it easier for people to transition to, from, and between services; 3. Address barriers to ensure services are accessible to people regardless of setting or location; and 4. Promote improvement and positively impact health and well-being through coordinated service delivery. B. To be effective, services and activities provided or made available as part of the Proposed Project should have policies and procedures in place and include with the application as an attachment that: 1. Delineate the timely provision of services; 2. Deem Client eligibility and service provision as soon as possible and no later than 30 calendar days from initial request; 3. Require staff to assess and prioritize Client needs; 4. Implement with model fidelity to an evidence-based program or based upon best available research; 5. Plan in partnership with the person and are inclusive; 6. Provide in an environment that is most appropriate and based on a person’s preference including reasonable clinic/reception wait times that are not a barrier to care; 7. Provide referral sources for Clients that cannot be served or receive a specific service; 8. Are culturally and linguistically sensitive; 9. Tailor services to a person’s unique strengths and needs; 10. Manage funds to ensure established Clients continuity of care throughout budget year; 11. Continue to provide services to established Clients after allocated funds are expended; 12. Have processes to identify and eliminate possible barriers to care; 13. Do not deny services due to inability to pay; 14. Have appropriate key personnel and required staff to meet the medical and health needs of Clients; 15. Bill services appropriately and timely through TMHP; 16. Effectively communicate and document information related to health care needs with next steps available to Client; 17. Establish outreach and education plan for the community; and 18. Outline successful delivery of direct clinical services to Clients By submitting an Application under this RFA, the Applicant certifies that Applicant has or will have at time of grant award services, policies, or procedures that conform with the requirements in this section as applicable. HHSC, in its sole discretion, may request to review relevant documentation during the project period as necessary to ensure program fidelity.

  • Series Designation The Series Designation establishing a Series may: (i) specify a name or names under which the business and affairs of such Series may be conducted; (ii) designate, fix and determine the relative rights, powers, authority, privileges, preferences, duties, responsibilities, liabilities and obligations in respect of Interests of such Series and the Members associated therewith (to the extent such terms differ from those set forth in this Agreement) and (iii) designate or authorize the designation of specific Officers to be associated with such Series. A Series Designation (or any resolution of the Managing Member amending any Series Designation) shall be effective when a duly executed original of the same is included by the Managing Member among the permanent records of the Company, and shall be annexed to, and constitute part of, this Agreement (it being understood and agreed that, upon such effective date, the Series described in such Series Designation shall be deemed to have been established and the Interests of such Series shall be deemed to have been authorized in accordance with the provisions thereof). The Series Designation establishing a Series may set forth specific provisions governing the rights of such Series against a Member associated with such Series who fails to comply with the applicable provisions of this Agreement (including, for the avoidance of doubt, the applicable provisions of such Series Designation). In the event of a conflict between the terms and conditions of this Agreement and a Series Designation, the terms and conditions of the Series Designation shall prevail.

  • Product Development (a) Supplier may develop enhancements it intends to incorporate into the BioGlue Surgical Adhesive during the term of this Agreement that have potential application to the Company Product (“Enhancements”). Unless otherwise agreed by the parties, at least once every six months during the Term, representatives of each of BioForm and Supplier shall hold a meeting in accordance with Sections 4.4 and 8.4 (the “Product Development Meeting”) at which Supplier will present Enhancements for BioForm to consider for application to the Company Product. At such Product Development Meeting, BioForm will also present its marketing plans (pursuant to Section 4.4) for the period and any information or feedback that BioForm reasonably believes may lead to Improvements. Within 30 calendar days following each Product Development Meeting, Supplier shall deliver a notice to BioForm (the “Enhancements Notice”) that shall describe the Enhancements that were presented by Supplier at such Product Development Meeting. Within 30 calendar days following receipt of the Enhancements Notice, BioForm may notify Supplier in writing if BioForm elects that any Enhancement described in the Enhancements Notice shall become an Improvement. If BioForm does provide such notice to Supplier during such 30-calendar day period, then BioForm and Supplier shall agree on a timeline for implementation of the Improvement in new Product Specifications for Company Product. If BioForm does not provide such a notice, said Enhancement shall not be implemented into the Company Product. The Enhancements Notice may also describe any potential Enhancements presented by Supplier at the Product Development Meeting, but BioForm shall not be required to take any action under this Section 8.4 with respect to such potential Enhancements until such time as they are presented by Supplier as Enhancements at a future Product Development Meeting. All Enhancements and potential Enhancement information provided by Supplier shall be considered Supplier Confidential Information. (b) From time to time, each party may request the other party to participate in joint projects to develop Improvements. Neither party is obligated to participate in such projects, and in each **** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. instance, each party’s decision whether to participate will be made in such party’s sole discretion. If both parties mutually agree to participate in such a project (a “Program”), the parties will promptly prepare a mutually agreeable written development agreement specifying the development activities to be performed by and the research and development tasks assigned to each party (the “Development Agreement”). All allocation of Intellectual Property rights with respect to any Program will be set forth in writing in the Development Agreement. (c) In the absence of a Development Agreement, (i) BioForm and Supplier shall retain joint ownership of Intellectual Property rights in which there is joint inventorship by BioForm (or its Affiliates) and Supplier, as determined in accordance with United States patent law, with Supplier’s rights in such joint ownership being subject to the license rights of BioForm under this Agreement, (ii) any Intellectual Property rights related to the Company Products, Enhancements, and Improvements that are created solely by employees or consultants of Supplier during the Term shall be considered to be Intellectual Property rights of Supplier, subject to the license rights of BioForm under this Agreement, and (iii) any Intellectual Property rights related to the Company Products and Improvements that are created solely by employees or consultants of BioForm or any of its Affiliates during the Term shall be considered to be Intellectual Property rights of BioForm. BioForm hereby grants to Supplier a perpetual, royalty free, world-wide, nonexclusive license to Supplier under such Blocking Intellectual Property to make, use, and sell such Intellectual Property outside the Field. “Blocking Intellectual Property” for the purposes of Section 8.4(c)(iii) shall mean Intellectual Property necessary for Supplier to make, use, or sell SA Product.

  • Product Description The lead products covered by this Settlement Agreement are limited to following Amazon Identification Number (ASIN) B07CYPCHM3, with the description, "60-40 Tin Lead Rosin Core Solder Wire with 2% Flux for Electrical Soldering and DIY, 2 Sizes, Include 0.6mm & 0.8mm, 2pcs (0.6mm&0.8mm Solder Wire)," which was offered for sale by the Settling Entity on ▇▇▇▇▇▇.▇▇▇, hereinafter the “Product” or “Products.”

  • Purchase Order Pricing/Product Deviation If a deviation of pricing/product on a Purchase Order or contract modification occurs between the Vendor and the TIPS Member, TIPS must be notified within five (5) business days of receipt of change order. TIPS reserves the right to terminate this agreement for cause or no cause for convenience with a thirty (30) days prior written notice. Termination for convenience is conditionally required under Federal Regulations 2 CFR part 200 if the customer is using federal funds for the procurement. All purchase orders presented to the Vendor, but not fulfilled by the Vendor, by a TIPS Member prior to the actual termination of this agreement shall be honored at the option of the TIPS Member. The awarded Vendor may terminate the agreement with ninety (90) days prior written notice to TIPS ▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇. The vendor will be paid for goods and services delivered prior to the termination provided that the goods and services were delivered in accordance with the terms and conditions of the terminated agreement. This termination clause does not affect the sales agreements executed by the Vendor and the TIPS Member customer pursuant to this agreement. TIPS Members may negotiate a termination for convenience clause that meets the needs of the transaction based on applicable factors, such as funding sources or other needs. Usually, purchase orders or their equal are issued by participating TIPS Member to the awarded vendor and should indicate on the order that the purchase is per the applicable TIPS Agreement Number. Orders are typically emailed to TIPS at ▇▇▇▇▇▇@▇▇▇▇-▇▇▇.▇▇▇. • Awarded Vendor delivers goods/services directly to the participating member. • Awarded Vendor invoices the participating TIPS Member directly. • Awarded Vendor receives payment directly from the participating member. • Fees are due to TIPS upon payment by the Member to the Vendor. Vendor agrees to pay the participation fee to TIPS for all Agreement sales upon receipt of payment including partial payment, from the Member Entity or as otherwise agreed by TIPS in writing and signed by an authorized signatory of TIPS.