Product Identification. Before removal from Sale Area, unless Contracting Officer determines that circumstances warrant a written waiver or adjustment, Purchaser shall:
(a) Hammer brand all products that are eight (8) feet or more in length and one-third (1/3) or more sound, on each end that is seven (7) inches or more in diameter.
(b) West of the 100th meridian, paint with a spot of highway-yellow paint all domestic processing products that are eight (8) feet or more in length and one-third (1/3) or more sound, on each end that is seven (7) inches or more in diameter. Each paint spot must be not less than three (3) square inches in size. Contracting Officer shall assign brands and, if Sale Area is within a State that maintains a log brand register, brands shall be registered with the State. Purchaser shall use assigned brand exclusively on logs from this sale un- til Contracting Officer releases brand. Purchaser will fur- nish and apply highway-yellow paint of a lasting quality (oil-base or equivalent). All hammer brands and/or highway-yellow paint must remain on logs until they are domestically processed. Purchaser shall replace identifying marks if they are lost, removed, or become unreadable. Purchaser may re- manufacture products into different log lengths. Except for logs remanufactured as part of the mill in-feed process immediately before processing, remanufactured products must be rebranded with the assigned timber sale brand and repainted with highway-yellow paint, unless other- wise agreed to in writing by Contracting Officer. For such remanufactured products, Contracting Officer may ap- prove use of a brand to be used exclusively as a catch brand, in lieu of the assigned timber sale brand.
Product Identification. For purposes of determining liability under Sections 2.4(f) and 2.5(i), the Parties agree to determine when Business Products were sold in accordance with this Section 2.9. The Parties shall use commercially reasonable efforts to identify the lot or unit number of a particular Business Product and make reference to the Business Records to determine when that Business Product was sold. If a Business Product’s lot or unit number indicates that it could have been sold either before or after Closing, the Parties agree that any claim in respect of such Business Product received by Buyer or Seller (a) within 180 days of the Closing, will be deemed to have been sold prior to the Closing, and (b) 180 days or more after the Closing, will be deemed to have been sold after the Closing.
Product Identification. All Products supplied to Distributor pursuant to this agreement shall be marked, as applicable and in accordance with standard practices of CAC, as appropriate, with: (1) CAC's name and/or logo; (2) model number or part number; (3) serial number;
Product Identification. (a) The Licensee will use the Xxxxxxxx Gucci Name and the Jennicor Marks only in such manner a Jennicor may from time to time require or specifically approve, and only in conjunction with such legend, used in such manner, as Jennicor may require or specifically approve. All such approvals must be in writing and may be withheld by Jennicor in its discretion.
(b) The Products and their packaging shall not bear any legend or any trademark, trade name, corporate or other name or designation of any kind other than the one required by Jennicor pursuant to Section 3 (a), except with the prior written approval of Jennicor.
(c) The Licensee shall use only such labels, packages, stickers, catalogs, photographs and other materials as shall haven been approved, prior to such use, by Jennicor.
(d) The Licensee shall have the right to use the Xxxxxxxx Gucci Name and the Jennicor Marks solely for the sale of the Products in the markets described in Section 1(b) and for no other purpose. The Products shall be of high quality and designed, manufactured, promoted, advertised, marketed and sold in accordance with such high standards. The Licensee shall not use the trade or company name of Jennicor, LLC, except as specifically permitted pursuant hereto.
(e) The Licensee shall use the Xxxxxxxx Gucci Name and the Jennicor Marks only in connection with the Products produced from designs furnished by Jennicor or selected to approved by Jennicor. No articles made, in whole or in part, in accordance with any unique design aspect furnished by Jennicor or which the parties otherwise agree is unique to the Products shall be sold or distributed by the Licensee under any name, label, trademark, designation, or symbol other than Xxxxxxxx Gucci Name or the Jennicor Marks.
(f) All uses of the Xxxxxxxx Gucci Name in advertising, or promotional material shall be accompanied by a disclaimer, prominently, displayed, unambiguously stating that Xxxxxxxx Gucci is not affiliated or associated with Gucci America, Inc., Xxxxxx Xxxxx SpA, Gucci shops, Inc., or " GUCCI" Products.
(g) Any disclaimer described in Section 3(f) may be located on the reverse side of a hang tang only if prominently displayed.
Product Identification x Xxxxx reserves the right to reject claims for any services or work where the Customer requesting such work or services from Xxxxx and/or its agents cannot produce for verification the proof of purchase as per original purchase invoice.
Product Identification. As promptly as reasonably practicable, but within one hundred twenty (120) days after the Effective Date, NeoGenomics will determine which ASRs it desires to purchase under this Agreement for inclusion in its Melanoma LDT. Once the ASRs are identified and agreed upon in writing by the parties, Exhibit A will be modified (without necessitating an amendment to this Agreement) to include such ASRs and their Specifications, and such ASRs will thereafter constitute the Products for purposes of this Agreement. Notwithstanding the foregoing, if, during the term of this Agreement, Abbott develops new ASRs utilizing in situ hybridization to a chromosomal target that Abbott reasonably believes may be of interest to NeoGenomics for use with the Melanoma LDT or a successor thereto, Abbott will notify NeoGenomics in writing of such new products with a description of each such product and exclusively offer to NeoGenomics the right to evaluate such products for a period of one hundred eighty (180) days from the date of such written notice for possible inclusion in the Melanoma LDT or a successor thereto. In the event that NeoGenomics decides during such evaluation period that any such new product would be appropriate to include in its Melanoma LDT or any successor thereto, and so notifies Abbott in writing, then Exhibit A will be further modified (without necessitating an amendment to this Agreement) to include such new product and its specifications, and thereafter such new product will be included in the definition of Exclusive Products for the purposes of this Agreement. If NeoGenomics elects not to use the new product in the Melanoma LDT or a successor thereto, it shall not constitute a Product for purposes of this Agreement and NeoGenomics shall have no rights with respect thereto.
Product Identification. Unless otherwise directed by EATON, SEN shall see that the following statement, in the English and/or Japanese language, is contained in all of SEN's advertising and promotional materials and on a name plate prominently displayed on each of the Products manufactured hereunder: Manufactured under license from Eatox Xxxporation, U.S.A. SEN's use of the foregoing statement or any subsequently authorized statement shall apply only to the Products manufactured by SEN which are under complete quality control and which meet the standards of quality specified by EATON, its Affiliated and Related Companies, as provided for in Section XV hereof.
Product Identification. The Products subject to this Agreement are set forth on the attached Exhibit A. The identity of such Products will be deemed the Confidential Information of both Citius and Alpex and subject to the confidentiality provisions of Article X of this Agreement.
Product Identification. All Products incorporated into the OSI Hip System and sold by OSI shall name Amedica as manufacturer of the Products.
Product Identification. For contracts west of the 100th meridian, before removal from Contract Area, unless Contracting Officer determines that circumstances warrant a written waiver or adjustment, Contractor shall:
