Product Loss Sample Clauses

Product Loss. 8.1 Customer shall be solely responsible for furnishing all asphalt and related raw materials used to process or manufacture any and all Products at the Terminals. 8.2 During such time as Owner has custody of the Product, Owner will indemnify Customer against, and is responsible for, any Product Loss that occurs while the Product is in Owner’s custody at the applicable Terminal or remains in the Storage Tanks. In the event of the foregoing Product Losses, the total quantity of net Product Loss at the termination of the Agreement will be determined within 30 days following the end of the Term, and Owner will reimburse Customer the cost of such Product on the determination date thereof. Other than pursuant to Section 20, Owner shall have no responsibility for any loss, damage or injury to persons or property (including the Product) arising out of possession or use of the Product, except to the extent that such loss, damage or injury involves a Product Loss. 8.3 Each Month, Owner will use the measurement procedures set out in Section 6.3 to determine the amount of Product located at each Terminal.

Product Loss. It is anticipated that in the normal storage and handling of the Product, there will be clingage, shrinkage and losses. Therefore, it is understood that Contractor may not deliver the entity quantity of Product initially received at the Receipt Point. Contractor shall be entitled to reflect a *** percent (***%) shrinkage adjustment immediately on receipt of Product at the Receipt Point, such adjustment to be reflected in real-time inventory reporting. At the end of each calendar month, Contractor shall adjust the quantity of the Product then held in the Transload Facility to reflect shrinkage and losses. Shrinkage or loss in excess of *** percent (***%) of the Product received at the Receipt Point per calendar year shall be for Contractor’s account based on the market value of the Product at the time of calculation. Contractor may, in lieu of payment for Product, replace such Product with Product of like grade and quality, subject to Company’s approval.

Product Loss. Cardinal Health shall use commercially reasonable efforts to minimize waste and loss of the Product in the Packaging thereof, subject to normal manufacturing losses (inclusive of all losses resulting from sampling, testing and compliance with quality control requirements of Applicable Laws) of up to five percent (5%) on an average annual basis of all Product delivered to Cardinal Health. This percentage shall be reviewed six months from the Effective Date and upon mutual agreement of the parties shall be revised and documented in writing. Purchaser acknowledges that such range is acceptable for purposes of Cardinal Health’s performance of its obligations under this Agreement. Cardinal Health shall reimburse Purchaser for any loss of Product in excess of the foregoing amount in an amount equal to Purchaser’s direct actual cost for making such replacement Product. Purchaser will notify Cardinal Health of such costs in the form of a certificate signed by the Purchaser’s Controller and a copy of the invoice of the manufacturer of such Product if the manufacturer is an independent third party. Purchaser acknowledges and agrees that Cardinal Health will not be responsible for reimbursing Purchaser for any Product loss that arises from a discrepancy in the amount of Product that Purchaser claims was delivered by or on Purchaser’s behalf to Cardinal Health, as specified in Purchaser’s or its manufacturer’s applicable records, and the amount of Product that Cardinal Health can demonstrate it actually received, as evidenced by the batch records Cardinal Health maintains for Product reconciliation.

Product Loss. Laureate's aggregate liability resulting from the loss, destabilization, alteration or contamination of a particular Batch of Bulk Intermediate in crude or purified form wherein such Bulk Intermediate is lost, destabilized, altered or contaminated such that it cannot be used in clinical trials or cannot be placed into commerce, shall not exceed [*****************************************].

Product Loss. Service Provider shall use commercially reasonable efforts to minimize waste and loss of the Product in the Packaging thereof, subject to normal manufacturing losses of up to [***] ([***]%) of all Product, measured on a lot-by-lot basis, delivered to Service Provider. Additionally, Service Provider will use diligent efforts to reduce these packaging losses further to less than [***] ([***]%) within [***] months of commencing manufacturing. Company acknowledges that such range is acceptable for purposes of Service Provider’s performance of its obligations under this Agreement. Without limiting Service Provider’s liability for loss of Product in excess of the acceptable manufacturing losses as provided in this Section 2.10, Service Provider shall promptly (in any event within [***]) notify Company in writing if the aggregate Product loss in any single day exceeds [***] of the quantity of Product successfully Packaged in that day.

Product Loss. Tazza shall use commercially reasonable efforts to minimize waste and loss of Products during Packaging subject to commercially reasonable manufacturing losses (inclusive of all reasonable losses resulting from sampling, testing, and complying with all quality control requirements) of up to five percent (5.0%) on a monthly basis of all Products delivered to Tazza (“Loss Percentage”). The Parties shall review the Loss Percentage every six months to determine whether it needs to be revised. Aberrant acknowledges and agrees that the initial Loss Percentage is commercially reasonable. Tazza shall reimburse Aberrant for all losses above the Loss Percentage in each calendar month within ten days after the relevant month. Tazza will not be liable for any Products not actually delivered to Tazza.

Product Loss. As with all retail environments, product loss, damage, spoilage and theft occur at MCC. While we do our best to avoid product loss and damage, we cannot take responsibility for preventing such occurrences to products on consignment. The local consignor retains ownership of the product and therefore must take responsibility. We encourage local consignors to maintain their own records, like number of products delivered, inventory counts, prices, etc. MCC will only record when an item is sold through our POS system. Product Taxes. Non-food items or snack food items on consignment will incur taxes. It is up to the discretion of the CLC to decide if taxes must be collected or not. MCC will charge the customer the appropriate taxes at the time of sale, and will submit them to the government as necessary. Customers can return packaged and canned goods 30 days after purchase. If it has been opened, MCC accepts returns only if it is spoiled with a receipt in hand. If the product is expired, expiry date confirmation and printed receipt are needed. Otherwise, the item must be unused, in the original packaging and in good condition. A cash refund or in-store credit is given. Regarding produce: spoiling vegetables and fruit are discounted 25% and then 50% and then composted, on a day to day basis.

Product Loss i. Except for normal handling and evaporation losses which are provided for in Section 4(k)(iii) below, and subject to the remedies and limitations set forth in Section 4(k)(ii) below, PBF will only be liable to Premcor for any contamination, damage, degradation, misdelivery or loss of Inhaul Product while such Inhaul Product is in the custody of PBF, unless PBF establishes that any such contamination, damage, degradation, misdelivery or loss was not the result of PBF’s or its employee’s, contractor’s or agent’s, negligence, willful misconduct or breach of this Agreement, provided, however, Premcor must make any claims for the contamination, damage, degradation misdelivery, or loss of Inhaul Product by notice to PBF within ninety (90) days of the date that Premcor knew or should have known of the contamination, damage, degradation, misdelivery or loss, absent fraud. If pursuant to this Section 4(k), PBF is liable for Premcor’s claim for contamination, damage, degradation, misdelivery, or loss of Inhaul Product, at PBF’s option, PBF will either (1) replace Product of like kind and quality at the Terminal or some agreed location, (2) reimburse Premcor for the value of the Inhaul Product so contaminated or lost, or (3) restore Product to receipt quality. ii. PBF’s liability arising out of the contamination, damage, degradation, misdelivery or loss of Inhaul Product will not exceed the fair market value for an equivalent quantity of undamaged Inhaul Product less (except in the case of normal handling and evaporation losses): the fair market salvage value of the contaminated, damaged, or degraded Inhaul Product. Fair market value will be determined using the Argus posted price, as applicable, based on the seven (7) day wrap average price around the date the loss occurred, which shall mean the average of the applicable posted prices for the three (3) days prior to, the day of, and the three (3) days after, the date the loss occurred. The seven (7) day wrap average price shall be calculated for the seven (7) consecutive days on which Argus post prices for the Inhaul Product. In the event Argus does not post a price for the relevant Inhaul Product, the Parties will select a mutually agreeable price proxy for the purposes of determining fair market value. iii. PBF shall only be responsible to Premcor for normal handling and evaporation losses in excess of one-half of one percent (0.5%) of the quantity of Inhaul Products received at the Terminal for Premcor’s accoun...

Product Loss. By way of clarification, Laureate's aggregate liability resulting from the loss, destabilization, alteration or contamination of Drug Product of a particular Batch in crude or purified form as a result of Laureate's breach of this Agreement or a Scope, failure to comply with Master Batch Record or negligence, wherein such Drug Product is lost, destabilized, altered or contaminated such that it cannot be used in clinical trials or cannot be placed into commerce, shall not exceed the Service Fees to be received by Laureate with respect to the Batch giving rise to the liability in question.

Product Loss. 8.1 Customer shall be solely responsible for furnishing all Materials used to process or manufacture any and all Products at the Asphalt Facilities and any Additives requested to be added to the Products. 8.2 During such time as Owner has custody of the Product, Owner will indemnify Customer against, and is responsible for, any Product Loss in excess of 1% of Actual Throughput on an annual basis, measured by weight that occurs while the Product is in Owner’s custody at the Asphalt Facilities. In the event of the foregoing Product Losses, the total quantity of net Product Loss at the termination of the Agreement will be determined within 30 days following the end of the Term, and Owner will reimburse Customer the cost of such Product on the determination date thereof determined in accordance with published prices therefor in the area served by the Asphalt Facilities. Other than pursuant to Article XXIII Owner shall have no responsibility for any Loss to Persons or property (including the Product) arising out of possession or use of the Product, except to the extent that such Loss involves a Product Loss. Any gains in Product accumulating during the time Owner has custody of the Product shall be the sole property of Customer.