Production of Products Sample Clauses

Production of Products from Contract Area Block A at any time prior to the Sharing Commencement Date shall not be treated as Incremental Production.
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Production of Products. 3.1.1. Callebaut will produce, package and deliver the Products for Hershey only at Callebaut’s Facilities and from production lines identified in Exhibit D. Each Facility and production line must be approved for use by Hershey on a Product by Product basis. Callebaut shall produce the Products in accordance with the Product Profiles, including the Quality Specifications set forth in Exhibit B, attached to this Agreement and incorporated by reference herein and accessible via the Hershey Vendor Portal, and any additional terms set forth in each applicable Facility Addendum. The Parties may mutually agree to add or remove Facilities by Confidential 8 of 215 entering into a new Facility Addendum (for added Facilities) and an agreed termination of a Facility Addendum (for removed Facilities). Each Facility Addendum will identify the following with regard to that Facility: (a) the specific Products and the production lines that Callebaut is approved to manufacture and that Callebaut will manufacture (whether or not such manufacturing is planned); (b) [**]; (c) Hershey’s rights, if any, to [**]); (d) a listing of Hershey Equipment located at the Facility; (e) an executed Lease amendment attached to the Facility Addendum (with respect to the [**]); (f) any certification requirements specific to Products manufactured at each Facility; (g) shared services, if any, and (h) all other Facility-specific terms, either existing or as may be added by the Parties in writing. 3.1.2. The Product Categories to be supplied by Xxxxxxxxx to Hershey under this Agreement are described in Exhibit A and accessible on the Hershey Vendor Portal. The information contained in such Hershey Vendor Portal includes without limitation, with respect to each Product, the Materials (including the component ingredients and packaging materials related to the manufacturing of the Products at each Facility), the Product Profile, the Established Yield and Transfer Price for each Product. The Hershey Vendor Portal also contains the Product Recipe for each Product. Products may be added to this Agreement as mutually agreed by the Parties and may be deleted from this Agreement at Hershey’s sole discretion, subject to the terms of Section 3.2.6. Products added to this Agreement and any proposed changes to existing Products must be within the then-current technical capabilities for performance of the Services at the applicable Facility. [**]. The Tolling Fees for such Products will be determined in acco...
Sample 1
Production of Products. During the Term (as defined in Section 13(a)), Bottler shall, at such times and in such quantities as ordered by Customer, produce for Customer the products set forth on Exhibit A (“Products”) as such Exhibit may be amended from time to time by mutual written agreement of the parties.
Sample 1
Production of Products. 1. Callebaut will produce, package and deliver Products for Hershey in accordance with the Hershey Specifications. The Hershey Specifications are attached hereto as Exhibit A. Callebaut agrees to abide by Hershey’s Supplier Code of Conduct. Callebaut acknowledges that the Hershey Specifications may be revised upon prior written notice by Hershey, in its sole discretion, at any time during the term of this Agreement. In the event that revisions to the Hershey Specifications result in a change in cost to Callebaut, including a change in cost due to any required capital addition or expenditure on the part of Callebaut, following good-faith negotiations between the Parties, the amount paid to Callebaut under the applicable Supply Agreement will be adjusted to reflect the new cost. If such revisions render unmarketable any of the Products or inventories of ingredients or packaging materials, Hershey shall purchase, up to the quantity authorized in accordance with the provisions of Section 2(B)(2), all such items from Callebaut at Callebaut's cost or other agreed upon price. 2. Callebaut agrees to pay for any and all capital required to manufacture the Products unless specified otherwise in this Agreement or in a Supply Agreement.
Sample 1
Production of Products. 4.1 SOUTHWALL shall produce the PRODUCTS based on the specifications to be mutually agreed upon by the parties ("SPECIFICATIONS"). 4.2 Packaging and storage of the PRODUCTS shall be made in the manner usually effected by SOUTHWALL for its export of products or in a mode separately agreed upon by the parties hereto. 4.3 MITSUI and SOUTHWALL shall hold periodic meetings to ensure the smooth production and delivery of the PRODUCTS. 4.4 Upon request by MITSUI, SOUTHWALL shall allow MITSUI to enter the facilities for manufacturing and storing the PRODUCTS for an audit of quality control, provided MITSUI shall give SOUTHWALL reasonable advance written notice. 4.5 SOUTHWALL shall notify MITSUI in writing and in advance of all proposed changes to any of the raw materials used to produce the PRODUCTS or any related manufacturing processes and quality assurance processes at SOUTHWALL's facilities. Such notice by SOUTHWALL shall include the reason for the change, details of its implementation and the planned date of the change. MITSUI may request test data and a sufficient sampling of the affected PRODUCTS associated with any proposed changes and SOUTHWALL shall make reasonable efforts to comply with MITSUI's request. MITSUI shall evaluate and determine in good faith if such proposed changes by SOUTHWALL would have an undesirable or detrimental effect on the quality of the PRODUCTS. SOUTHWALL shall not proceed with such proposed changes until MITSUI notifies SOUTHWALL in writing that such proposed changes are acceptable to MITSUI.
Sample 1
Production of Products. Supplier will perform the Services to Customers and sell the Products to Corning pursuant to the terms and conditions set forth in this Agreement.
Sample 1
Production of Products. Filtertek shall manufacture and supply the Products solely in accordance with the Product Specifications supplied by HemaSure. Although the obligation to fabricate the Products conforming to Product Specifications belongs exclusively to Filtertek, and the obligation to designate and thereafter to approve the applicable specifications belongs exclusively to HemaSure, and without intending to relieve either party of their respective exclusive obligations, the parties hereto shall provide reasonable cooperation and assistance to each other to facilitate the fabrication of the Products. Filtertek shall make no deviations or changes from the Product Specifications or perform with any waivers from the Material Review Board without HemaSure's prior approval.
Sample 1
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Production of Products 
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Related to Production of Products

  • Supply of Products ‌‌ 3.1 The Supplier warrants that the Products shall: (a) correspond with their description and any applicable Product Specification; (b) conform in all respects with the Order and any relevant sample; (c) be of satisfactory quality and fit for any purpose held out by the Supplier or made known to the Supplier by Ornua, expressly or by implication, and in this respect Ornua relies on the Supplier's skill and judgement; (d) be manufactured by properly trained and qualified personnel using all reasonable skill, care and diligence and in a good and workmanlike manner;‌ (e) where they are manufactured products, be free from defects in design, materials and workmanship and remain so for the period set out in the Product Specification or, if none is specified, for at least 12 months after delivery; (f) comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery of the Products;‌ (g) comply with all relevant standards including any UK Standards, European Standards or International Standards applicable in the UK and the country or State where the Products are to be used; and (h) in the case of Products containing food stuffs, when delivered to Ornua, comply with all applicable food and hygiene legislation and regulations and best industry practice.‌ 3.2 The Supplier shall ensure that at all times it has and maintains all licences, permissions, authorisations, consents and permits needed to carry out its obligations under the Contract in respect of the supply of Products. Breach of this Condition shall be deemed a material breach of the Contract. 3.3 Ornua may inspect and test the Products at any time before delivery. The Supplier shall remain fully responsible for the Products despite any such inspection or testing and any such inspection or testing shall not reduce or otherwise affect the Supplier's obligations under the Contract. 3.4 If following such inspection or testing Ornua considers that the Products do not comply or are unlikely to comply with the Supplier's undertakings at clause 3.1, Ornua shall inform the Supplier and the Supplier shall immediately take such remedial action as is necessary to ensure compliance.‌ 3.5 Ornua may conduct further inspections and tests after the Supplier has carried out its remedial actions.

  • Manufacture of Products All Products marketed through Grantor's Web ------------------------- Site shall be manufactured, packaged, prepared, and shipped in accordance with the specifications and requirements described on Exhibit A hereto as it may be modified from time to time. Quality control standards relating to the Product's weight, color, consistency, micro-biological content, labeling and packaging are also set forth on Exhibit A. In the event that Exhibit A is incomplete, Products shall be manufactured and shipped in accordance with industry standards.

  • Reformulation of Products As of the Effective Date, and continuing thereafter, Products that Xxxxx directly manufactures, imports, distributes, sells, or offers for sale in California shall either: (a) be Reformulated Products pursuant to § 2.2, below; or (b) be labeled with a clear and reasonable exposure warning pursuant to §§ 2.3 and 2.4, below. For purposes of this Settlement Agreement, a “Reformulated Product” is a Product that is in compliance with the standard set forth in

  • Supply of Product 4.1 DAEWOONG shall manufacture and supply Product to AEON in a primary packaged and labeled form. Product packaging shall display the logo of DAEWOONG (to the extent required by applicable law) and AEON and the outer label shall be marked using English language in accordance with applicable laws and Product’s Regulatory Approvals. 4.2 AEON’s estimate sales forecast of the Product during the Term of Agreement in the Territory in the Field is set forth in Annex D. Within ninety (90) days after the Effective Date, AEON shall provide DAEWOONG with a non-binding twelve (12) month rolling forecast of its requirements of Product, which the Parties agree is not a commitment to buy any stated quantity. Thereafter, on at least a quarterly basis, AEON shall provide DAEWOONG with an updated twelve (12) month rolling forecast, together with a binding six (6) month forecast to the extent AEON has requested Safety Stock as described in Article 4.10 below. Each such forecast shah be referred to herein as a “Forecast.” 4.3 AEON may from time to time submit Purchase Orders to DAEWOONG for Product in accordance with the forecasting requirements in Article 4.2. Orders will be shipped on CIF Los Angeles port. 4.4 Once a Purchase Order for Product and Product Samples has been received by DAEWOONG, it shall be considered as irrevocable. 4.5 AEON agrees herein to place an Order for Product not later than [***] from receipt of Regulatory Approval. 4.6 Individual Purchase Orders of Product shall be placed at least [***] in advance of the required delivery date. 4.7 For the purpose of Commercialization, AEON will store and maintain the full quantity of Product in a clean, secured area in accordance with the reasonable directions and specifications provided by DAEWOONG in writing in connection thereof in the Territory. AEON will advise DAEWOONG on the applicable requirements specifically deriving from the laws and regulations in the Territory. 4.8 AEON agrees that DAEWOONG and its collaborators and agents, in DAEWOONG’s sole discretion, which collaborators and Agents will be subject to appropriate obligations of confidentiality, will have the right upon reasonable prior notice, to observe and to inspect and to audit AEON’s facility to ascertain compliance by AEON with the terms of this Agreement, including without limitation (a) the holding facilities for Product, and (b) AEON’s compliance with applicable law, including cGMP (if applicable). Following any such audit, DAEWOONG will discuss its observations and conclusions with AEON and corrective actions, if any, will be agreed upon by the Parties, and executed by AEON using Commercially Reasonable Efforts. 4.9 In addition to any other rights and remedies available to AEON, AEON shall have the right to recover lost profits in the event that DAEWOONG fails to deliver at least [***] in any [***] (a “Supply Default Event”). For purposes of this provision, lost profits would be equal to [***] of AEON operating profit (sales less direct expenses and the puce paid by AEON for such Products) on Products that have not been shipped against firm Purchase Orders during the period leading up to the Supply Default Event and bona fide Purchase Orders submitted by AEON that are consistent with the Forecast during the Supply Default Period (as defined below). Such payment shall be made with respect to all Product not shipped in the period giving rise to the Supply Default and for the period until DAEWOONG is again timely shipping Product to meet AEON’s needs (the “Supply Default Period”). The first such payment shall be made within [***] of the Supply Default Event, and every [***] thereafter. AEON agrees to permit full disclosure to DAEWOONG of AEON’s accounting records, solely related to the calculation of lost profits, for the [***] ending on the first day of the month in which the Supply Event Default occurred. In the event that DAEWOONG is unable to supply both AEON’s requirements of Product and its own and third parties’ requirements for Product, DAEWOONG shall allocate Product that DAEWOONG has in inventory and that DAEWOONG is able to Product, so that AEON receives its requirements of Product in priority to DAEWOONG and third parties. 4.10 At the request of AEON, DAEWOONG shall at its own cost and expense during the Term, maintain an amount of inventory of Product equal to AEON’s requirements for Product for [***] based on AEON’s most recent forecast (“Safety Stock”). The Safety Stock shall be (i) maintained for the sole benefit of AEON and its Affiliates, (ii) shall be stored at a secure facility in compliance with GMP, and (iii) shall not be used for the benefit of any other customer of DAEWOONG. DAEWOONG shall rotate the Safety Stock on a “First Expiry-First Out” basis for routine fulfillment of firm orders, subject to Article 7.

  • Marketing of Production Except for contracts listed and in effect on the date hereof on Schedule 7.19, and thereafter either disclosed in writing to the Administrative Agent or included in the most recently delivered Reserve Report (with respect to all of which contracts the Borrower represents that it or its Subsidiaries are receiving a price for all production sold thereunder which is computed substantially in accordance with the terms of the relevant contract and are not having deliveries curtailed substantially below the subject Property’s delivery capacity), no material agreements exist which are not cancelable on 60 days notice or less without penalty or detriment for the sale of production from the Borrower’s or its Subsidiaries’ Hydrocarbons (including, without limitation, calls on or other rights to purchase, production, whether or not the same are currently being exercised) that (a) pertain to the sale of production at a fixed price and (b) have a maturity or expiry date of longer than six (6) months from the date hereof.

  • Return of Products No Products or part shall be returned to Seller without an approved Return Goods Authorization (“RMA”) from Seller. Custom and special order Products are non-returnable. Returns are subject to a restocking fee.

  • Conformity of production 8.1. Procedures concerning conformity of production shall comply with those set out in the 1958 Agreement, Schedule 1 (E/ECE/TRANS/505/Rev.3) and meet the following requirements: 8.2. A vehicle approved pursuant to this Regulation shall be so manufactured as to conform to the type approved by meeting the requirements of paragraph 5. above; 8.3. The Type Approval Authority which has granted approval may at any time verify the conformity of control methods applicable to each production unit. The normal frequency of such inspections shall be once every two years.

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Products Products available under this Contract are limited to Software, including Software as a Service, products and related products as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.B above. Vendor may not add a manufacturer’s product line which was not included in the Vendor’s response to the solicitation described in Section 1.B above.

  • Manufacturing (a) The Supplier shall without limitation be responsible, at no additional cost to the Purchaser, for: sourcing and procuring all raw materials for the Products; obtaining all necessary approvals, permits and licenses for the manufacturing of the Products; providing sufficient qualified staff and workers to perform the obligations under this Purchase Agreement; implementing and maintaining effective inventory and production control procedures with respect to the Products; and handling other matters as reasonably requested by the Purchaser from time to time. (b) The Supplier shall not change any process, material, component, packaging or manufacturing location without the Purchaser’s express prior written approval.

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