Production Agreement. If upon the expiration of this Agreement the Company shall have carried out its obligations hereunder to the satisfaction of the Government and shall have successfully established to the Government that the development of a mine from ore reserves established within the Licensed Area is economically and financially feasible, then the Government shall grant to the Company the first option to (i) acquire a License for the purposes of mining gold in the Licensed Area, and (ii) participate in a mining Project in the Licensed Area subject to negotiation with the Government of satisfactory terms for such licence and participation.
Production Agreement. The term "Production Agreement," as defined in Paragraph 1.1 of the Original Agreement shall mean and refer to the Production Agreement as originally defined, and all amendments, extensions and restatements thereof made from time to time by the parties, including, without limitation, the Amended and Restated Production Agreement dated effective as of August 1, 2000 being entered into contemporaneously herewith.
Production Agreement. In this type of agreement, the sponsor agrees to provide for services either fully or partially and to bear the risk of output but agrees to make payment to the farmer for his services. The output risk lies on the sponsor in this case.
Production Agreement. 3.1 Each Production Agreement shall provide details regarding the pricing of the Product(s) and the parties acknowledge that it is intended that the pricing of the Products will result in a gross margin to CIC of between 20 to 30 percent. The Production Agreements shall also set forth provisions for the establishment of appropriate accounting systems for cash management, sales reconciliations and inventory sales guarantees by TDNT to CIC as well as deal with such matters as are set forth in Exhibit A hereto.
3.2 A Production Agreement will provide that delivery, including delivery later than the date or dates provided in a Production Agreement, shall not constitute a breach of the Production Agreement and shall not entitle TDNT to terminate the Production Agreement or to any other remedy, unless CIC has guaranteed the date of delivery in a warranty set out in the Production Agreement. The Production Agreement shall also contain provisions relating to force majeur events.
3.3 The Production Agreement will also provide that CIC shall:
(a) properly pack, mark and ship the Products in accordance with all of XXXX'x xequirements;
(b) provide, with each shipment, packing slips with TDNT's order number marked thereon; and
3.4 The Production Agreement will provide that all risk of loss or damage in the Products shall pass to TDNT when the Products are delivered to TDNT and the parties expressly agree that until CIC has been paid in full (in cash or cleared funds) for the Products, the following provisions shall apply:
(a) legal and beneficial ownership of the Products shall remain with CIC;
(b) TDNT shall hold any of the Products that come in to its possession as bailee for CIC and that a fiduciary relationship exists between the parties;
(c) TDNT shall keep the Products separate and in good condition as a fiduciary of CIC, clearly showing CIC's ownership of the Products;
(d) CIC shall be entitled to inspect the Products and may recover all or any part thereof at any time from TDNT of any Products that are in TDNT's possession and for that purpose CIC, its servants and agents may enter upon any land or building upon or in which the Products are situated;
(e) TDNT shall have the right to dispose of the Products (as between it and its customers only), upon payment for same to CIC, as principal in the ordinary course of its business provided that where TDNT is paid by its customers TDNT holds the proceeds of sale to the extent of the amount owing by TDNT to CIC at the...
Production Agreement. All contracts concerning rights in the Work, including the Ancillary Rights, will be in duplicate each party will received a copy thereof. Neither party will enter into any agreement concerning the rights to the completed Works unless that agreement provides that all sums due to each party under the agreement will be paid directly to that party or as provided in the Agency Agreement.
Production Agreement. 4.1 The Production shall be carried out in accordance with the terms and conditions of the Production Agreement and this Agreement. In the event of any inconsistency between the terms of the Production Agreement and this Agreement regarding the performance of the work, the Production Agreement shall prevail, subject to clauses 4.3 and 4.4 below.
4.2 Each Participant shall be responsible for fulfilling the obligations prescribed in Schedule 3 in accordance with the terms of the Production Agreement, subject to clauses 4.3 and 4.4 below.
4.3 The allocation of the Joint Venture's obligations between the Participants in accordance with Schedule 3 can be amended by agreement of the Participants.
4.4 Any alterations or additions to the Production to be carried out under the Production Agreement shall be made only upon demand from Customers in accordance with the Production Agreement. Responsibility for carrying out additional obligations shall be agreed by the Participants.
Production Agreement. 4.1. At such time as SPONSOR determines that it needs quantities of 4- HC for purposes other than drug development purposes, CTRC RESEARCH and SPONSOR agree to negotiate in good faith toward the execution of a definitive, commercially reasonable agreement pursuant to which CTRC RESEARCH will provide at least [**] percent ([**]%) of SPONSOR's requirements of 4-HC beyond the requirements contemplated by this Agreement. In conducting these negotiations, SPONSOR shall be considered as acting in good faith even though it bargains for reasonable time, quality and production requirements. During these negotiations, CTRC RESEARCH must be able to demonstrate to SPONSOR its ability to comply with reasonable 4 requirements of SPONSOR regarding quality, time and production for the production of 4-HC. Such agreement shall also require that all of the product provided to SPONSOR shall be synthesized at a facility of CTRC RESEARCH or its affiliate (as defined in Section 4) meeting all applicable requirements of the United States Food and Drug Administration for GMP manufacturing facilities.
4.2. Should CTRC RESEARCH and SPONSOR be unable to reach a definitive agreement after the completion of good faith negotiations, SPONSOR may seek to obtain a good faith, bona fide preliminary offer, proposal or bid (the "Bid") from a third party to synthesize 4-HC for SPONSOR which Bid contains at least the essential elements for an agreement to synthesize 4-HC. CTRC RESEARCH shall have the option to match the Bid upon the same terms and conditions as proposed by the third party as they relate to the provision of at least [**] percent ([**]%) of SPONSOR's requirements of 4-HC for non-research purposes. SPONSOR shall provide CTRC RESEARCH written notice of the terms of and conditions of he Bid and CTRC RESEARCH shall have thirty (30) days to exercise its option to match the Bid to synthesize the 4-HC by providing written notice to SPONSOR. Nothing in this Section 4, however, shall prevent SPONSOR from entering into an agreement with a third party for the remaining [**] percent ([**]%) of SPONSOR's 4-HC requirements.
4.3. CTRC RESEARCH shall have the right to assign the rights in this Section 4 to an affiliate of CTRC RESEARCH, Lipitek, Inc. (provided it is owned in whole or in part by Alexxxxxx X. Xxxx, Xx.D.) or a third party which is approved by SPONSOR. An affiliate of CTRC RESEARCH shall be any entity that directly or indirectly, through one or more intermediaries, in whole or in p...
Production Agreement. A standard programme production agreement to be used by the BBC when commissioning programmes from independent producers has been agreed with PACT. The Agreement sets out the General Terms that will apply to such commissions and provides for incorporation of the Special Terms that have been agreed between the independent and the BBC in relation to the programme, including the primary rights licence fee. The Standard Programme Production Agreement, which includes the Commissioning Specification, now incorporates new provisions around Editorial Standards, agreed with Pact in April 2008. These changes are shown in red on the relevant documents available on the right of this page. Answers to some FAQs on the Safeguarding Trust training introduced with these new clauses can be found on the Compliance page.
Production Agreement. 15 8.8 Liens.............................................................. 15
Production Agreement. The transactions contemplated by the Production Contract shall be consummated concurrent with the transactions contemplated by this agreement.
