Products and Quantities Sample Clauses

Products and Quantities. (A) In each calendar month, VMSC agrees to sell and Distributor agrees to purchase not less than [*.*]and not more than [*.*] of the quantity of each Product set forth on Exhibit A, attached hereto and made a part hereof (both on a Station-specific and an Agreement-wide basis). Distributor shall purchase Products on a ratable basis throughout the month. (B) Quantities of Product(s) less than the monthly maximum not purchased by Distributor shall not be carried forward to purchases in future months. Furthermore, in the event Distributor purchases quantities of Product(s) in excess of the maximum quantities (in which case Distributor agrees to pay for each such Product at the Price defined in Paragraph 4 of this Agreement and in the manner provided for therein), VMSC shall not be under any obligation to deliver additional Product(s) in excess of the monthly maximum. [*.*] CONFIDENTIAL TREATMENT REQUESTED: INFORMATION FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED IS OMITTED AND IS NOTED WITH “[*.*].” AN UNREDACTED VERSION OF THIS DOCUMENT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. (C) Distributor acknowledges that its obligation to purchase each calendar month the volume of Product(s) described in Paragraph 2(A) above is a material and important part of the consideration for this Agreement. VMSC reserves the right to require periodic reports from Distributor during the term regarding sales of Products from, and deliveries of Products to, each Station, as well as other matters as specified by VMSC. Such reporting requirements may be modified from time-to-time during the term by VMSC on notice to Distributor. As of the Commencement Date, and continuing throughout the term of this Agreement, the following reporting requirement will be in effect: within 30 days after the completion of each calendar month, Distributor will submit to VMSC, via VMSC’s wholesale marketing portal located at the web site address xxx.xxxxxx.xxx, such information as requested from VMSC from time to time, including without limitation, the total volume of Product sold, by Station, during such calendar month. (D) VMSC reserves the right, at any time and from time-to-time during the term, after notice to Distributor (which may be sent by DTN or other means), to charge a higher price for non-ratable lifting as described in this paragraph. The notice to Distributor will specify (i) an effective date, (ii) the time period over which liftings will be measured (t...
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Products and Quantities. (a) CONTRACTS LONGER THAN ONE (1)
Sample 1
Products and Quantities. (A) In each calendar month, VMSC agrees to sell and Distributor agrees to purchase not less than 85% and not more than 115% of the quantity of each Product set forth on Exhibit A attached hereto and made a part hereof (both on a Station-specific and an Agreement-wide basis). Distributor shall purchase Products on a ratable basis throughout the month. (B) Quantities of Products less than the monthly maximum not purchased by Distributor shall not be carried forward to purchases in future months. Furthermore, in the event Distributor purchases, with VMSC’s consent, quantities of Products in excess of the maximum quantities, any such purchase shall be
Sample 1
Products and Quantities. (a) On the terms and subject to the conditions ----------------------- herein during the Term (as defined in Section 3.1), (i) for each of the first ----------- two Periods during the Term, Holdings will sell to BCC, and BCC will purchase from Holdings, Products (as defined in Section 4.6) in a minimum amount of the ----------- Commitment Amount (as defined in Section 4.6), and (ii) for each of the ----------- remaining Periods thereafter, Holdings will sell to BCC, and BCC will purchase from Holdings, 100% of the requirements of BCC and its Affiliates for the Products, up to and including the Commitment Amount. (b) If BCC breaches its obligations under Section 1.1(a) for any Period, BCC -------------- shall be liable for, and shall pay to Holdings, an aggregate amount equal to (i) .258 multiplied by (ii) the excess of (A) the aggregate amount of Products ------------- that BCC was required under Section 1.1 (a) to purchase from Holdings during the -------------- Period in question over (B) the aggregate amount of BCC's purchases of Products during such Period.
Sample 1
Products and Quantities. (a) This Agreement is not a purchase order and does not authorize delivery of or payment for any goods. SUPPLIER shall provide 100% and BUYER will purchase exclusively from SUPPLIER all BUYER’S requirements for bimetal product described in Attachment A (which is attached hereto and by this reference made a part hereof) to all BUYER entities and affiliates globally at the prices shown thereon. SUPPLIER shall also provide 100% of all redesigned or new bimetal materials purchased by BUYER during the period of this agreement, provided SUPPLIER can meet BUYER’s specification for the new bimetal item. SUPPLIER understands that BUYER has acquired, and may in the future acquire, businesses that have existing bimetal strip and parts suppliers and satisfactory histories. BUYER is not initially obligated to transition these arrangements to SUPPLIER. SUPPLIER will be asked to quote on all existing bimetal strip and parts that are purchased by any acquired company or any new bimetal strip and parts that BUYER may need to purchase from acquisition of new business, generation of new products or other means. SUPPLIER will be awarded these items provided; (1) the SUPPLIER pricing is market competitive per section 4(d) and (2) BUYER conversion costs are economically viable for BUYER. SUPPLIER understands a reasonable conversion period may be necessary. BUYER understands that SUPPLIER will initially be manufacturing product at its Attleboro, MA facility. SUPPLIER will be initiating production at a China based facility commencing by the end of 2006. (b) SUPPLIER and BUYER will work together in xxxxxxx to qualify SUPPLIER’s bimetal for all of BUYER’S applications. If SUPPLIER is not able to meet the technical performance specifications required for BUYER’s application. BUYER must then inform SUPPLIER of this in writing and give SUPPLIER 90 days to correct the situation. If SUPPLIER is unable to meet the specification, then BUYER is free to purchase this item for this application from other sources. (c) On a monthly basis, BUYER shall provide to the SUPPLIER a three (3) month product forecast for all items listed in Attachment A from all locations including affiliates. Product forecasts may be provided in electronic format (Excel spreadsheet). SUPPLIER understands and acknowledges that the first and second months of each product forecast are firm build orders and the third months are merely estimates with no binding effect. For firm orders, BUYER shall be responsible to SUPPLIE...
Sample 1
Products and Quantities. (A) In each calendar month, VMSC agrees to sell and Distributor agrees to purchase not less than 85% and not more than 115% of the quantity of each Product set forth on Exhibit A attached hereto and made a part hereof (both on a Station-specific and an Agreement-wide basis). Distributor shall purchase Products on a ratable basis throughout the month. (B) Quantities of Products less than the monthly maximum not purchased by Distributor shall not be carried forward to purchases in future months. Furthermore, in the event Distributor purchases, with VMSC’s consent, quantities of Products in excess of the maximum quantities, any such purchase shall be subject to the terms and conditions of this Agreement. VMSC shall not be under any obligation to deliver additional Products in excess of the monthly maximum. CST MARKETING AND SUPPLY COMPANY rev. 03/12 (C) Distributor acknowledges that its obligation to purchase during each calendar month the volume of Products described in Section 2(A) above is a material and important part of the consideration for this Agreement. VMSC reserves the right to require periodic reports from Distributor during the term regarding sales of Products from, and deliveries of Products to, each Station, as well as other matters as specified by VMSC. Such reporting requirements may be modified from time-to-time during the term by VMSC on notice to Distributor. As of the Commencement Date, and continuing throughout the term of this Agreement, the following reporting requirement shall be in effect: within 30 days after the completion of each calendar month, Distributor shall submit to VMSC, via VMSC’s wholesale marketing portal located at the web site address xxx.xxxxxx.xxx, such information as requested from VMSC from time to time, including without limitation, the total volume of Products sold, by Station, during such calendar month. (D) VMSC reserves the right, at any time and from time-to-time during the term, after notice to Distributor (which may be given by DTN or other electronic means), to charge a higher price for non-ratable liftings or over-liftings as described in this Section 2. The notice to Distributor shall specify (i) an effective date, (ii) the time period over which liftings will be measured (the “Lifting Period”) during the term the notice is in effect, (iii) the maximum volume allowed to be lifted without a higher price during any Lifting Period (the “Lifting Period Maximum”), and (iv) the amount of the higher price, or ...
Sample 1
Products and Quantities 
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Related to Products and Quantities

  • ESTIMATED QUANTITIES 1.1 The quantities set forth in the line items and specification document are approximate and represent the estimated requirements for the contract period. 1.2 Items listed may or may not be an inclusive requirements for this category. 1.3 Category items not listed, but distributed by bidder are to be referred to as kindred items. Kindred items shall receive the same percentage of discount or pricing structure as items listed in the specification document. 1.4 The unit prices and the extended total prices shall be used as a basis for the evaluation of bids. The actual quantity of materials necessary may be more or less than the estimates listed in the specification document, but the City/County shall be neither obligated nor limited to any specified amount. If possible, the Owners will restrict increases/decreases to 20% of the estimated quantities listed in the specification document.

  • Other Products and Services As our customer, you have access to a suite of financial products and services availed by ourselves, our affiliates and strategic partners designed to help you address and achieve your financial needs and goals. You agree that you can obtain information about such Products and Services via our website xxx.xxxxxxxx.xxx.xx and you further agree that we can from time to time communicate information in relation to such Products or Services to you specifically or generally to all cardmembers via such communication mode as we consider appropriate.

  • Products and Services General Information

  • PRODUCT MANUFACTURER'S SUPPLIERS Only those dealers/distributors listed by the manufacturer will be considered authorized to act on behalf of the Product Manufacturer.

  • 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.

  • Customers; Suppliers Executive does not have, and at any time during the term of this Agreement shall not have, any employment with or any direct or indirect interest in (as owner, partner, shareholder, employee, director, officer, agent, consultant or otherwise) any customer of or supplier to Company.

  • Contract Quantity The Contract Quantity during each Contract Year is the amount set forth in the applicable Contract Year in Section D of the Cover Sheet (“Delivery Term Contract Quantity Schedule”), which amount is inclusive of outages.

  • 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.

  • Quantities The estimated quantities provided by the City are not guaranteed. These quantities are listed for informational purposes only. Quantities vary depending on the demands of the City. Any variations from the estimated quantities shall not entitle the bidder to an adjustment in the unit price or any additional compensation.

  • Third Party Products and Services Any third-party hardware, software and/or services that is delivered by ResMed for use either standalone or in conjunction with ResMed products and/or services, shall be subject to the third-party terms and conditions and/or license agreements between Customer and the third party. Such third-party hardware, software and/or services is provided by ResMed "AS IS," without any warranty of any kind. Any representations or warranties as to such hardware, software and/or services shall only be as granted by the applicable third parties, if any, that accompany such products and/or software and/or services. Any representations, warranties, or other similar obligations with respect to such third-party hardware, software and/or services flow directly from the third party to Customer and ResMed shall have no responsibility at all for any such representations, warranties, obligations or lack thereof.

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