Pursuant to Master Component Supply Agreement No Sample Clauses

Pursuant to Master Component Supply Agreement No. 9, Caterpillar shall have the right to purchase from the Company all replacement parts and components produced by the Company or sourced by the Company from third party suppliers (other than from Navistar), but only to the extent that the Company is using that replacement part or component on JV Trucks. Subject to any other provision in this Agreement, including Section 15, Caterpillar may purchase (i) components solely for use in connection with Caterpillar components or Caterpillar products (including heavy equipment) sold anywhere in the world, and (ii) replacement parts solely for use in connection with (A) Caterpillar Trucks and Caterpillar-branded Vocational Heavy Duty XXX Trucks sold in North America and (B) Caterpillar products (including heavy equipment) sold anywhere in the world, in the case of both clauses (A) and (B) above, subject to the applicable purchase schedule under Master Component Supply Agreement No. 9; provided, however, that the components and replacement parts purchased by Caterpillar under clauses (i) and (ii) above may not be used in connection with JV Trucks sold in ROW. Pursuant to Master Component Supply Agreement No. 8, Navistar shall have the right to purchase from the Company all replacement parts and components produced by the Company or sourced by the Company from third party suppliers (other than Caterpillar), but only to the extent that the Company is using that replacement part or component on JV Trucks. Subject to any other provision in this Agreement, including Section 15, Navistar may purchase (x) components solely for use in connection with the manufacture or assembly by Navistar of Navistar Vehicles, Navistar-branded North American Medium Duty XXX Trucks and Heavy Duty XXX Trucks, JV Trucks, Caterpillar Trucks, and Caterpillar-branded Vocational Heavy Duty XXX Trucks sold anywhere in the world subject to the applicable purchase schedule under Master Component Supply Agreement No. 8, and (y) replacement parts solely for use in connection with Navistar Vehicles sold anywhere in the world or Navistar-branded North American Medium Duty XXX Trucks or Heavy Duty XXX Trucks sold in North America subject to the applicable purchase schedule under Master Component Supply Agreement No. 8; provided, however, that the components and replacement parts purchased by Navistar under clauses (x) and (y) above may not be used in connection with JV Trucks sold in ROW.
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Pursuant to Master Component Supply Agreement No. 6, Caterpillar shall have the right to purchase all replacement parts from the Company for re-sale by Caterpillar in North America solely for use in connection with Caterpillar Trucks and Caterpillar-branded Vocational Heavy Duty XXX Trucks sold in North America. Navistar shall sell such replacement parts that are produced by Navistar or its direct or indirect wholly owned subsidiaries or that are sourced by Navistar or its direct or indirect wholly owned subsidiaries from a third party supplier to the Company (for re-sale to Caterpillar) pursuant to the terms (including price) and subject to the conditions set forth in Master Component Supply Agreement No. 2.
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Pursuant to Master Component Supply Agreement No. 7, Navistar shall have the right to purchase (i) all JV Truck Replacement Parts (but only to the extent that the Company has used or is using that replacement part on JV Trucks) and (ii) all replacement parts for North American Medium Duty CXX Trucks and Heavy Duty CXX Trucks that are manufactured or assembled by the Company for Navistar, in the case of each of clauses (i) and (ii), from the Company for re-sale by Navistar in North America solely for use in connection with any Navistar Vehicles sold in North America. Caterpillar shall sell such replacement parts that are produced by Caterpillar or its direct or indirect wholly owned subsidiaries or that are sourced by Caterpillar or its direct or indirect wholly owned subsidiaries from a third party supplier to the Company (for re-sale to Navistar) pursuant to the terms (including price) and subject to the conditions set forth in Master Component Supply Agreement No.
Sample 1
Pursuant to Master Component Supply Agreement No. 6, Caterpillar shall have the right to purchase all replacement parts from the Company for re-sale by Caterpillar in North America solely for use in connection with Caterpillar Trucks and Caterpillar-branded Vocational Heavy Duty XXX Trucks sold in North America. Navistar shall sell such replacement parts that are produced by Navistar or its direct or indirect wholly owned subsidiaries or that are sourced by Navistar or its direct or
Sample 1
Pursuant to Master Component Supply Agreement No. 7, Navistar shall have the right to purchase (i) all JV Truck Replacement Parts (but only to the extent that the Company has used or is using that replacement part on JV Trucks) and (ii) all replacement parts for North American Medium Duty XXX Trucks and Heavy Duty XXX Trucks that are manufactured or assembled by the Company for Navistar, in the case of each of clauses (i) and (ii), from the Company for re-sale by Navistar in North America solely for use in connection with any Navistar Vehicles sold in North America. Caterpillar shall sell such replacement parts that are produced by Caterpillar or its direct or indirect wholly owned subsidiaries or that are sourced by Caterpillar or its direct or indirect wholly owned subsidiaries from a third party supplier to the Company (for re-sale to Navistar) pursuant to the terms (including price) and subject to the conditions set forth in Master Component Supply Agreement No. 1. The selling Member under each applicable Master Component Supply Agreement will not unreasonably withhold its agreement to, or attach unreasonable conditions in, the negotiation or execution of any purchase schedule under any Master Component Supply Agreement. The Members will use good faith efforts to act reasonably in negotiating to enter into each purchase schedule under any Master Component Supply Agreement.
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Related to Pursuant to Master Component Supply Agreement No

  • Supply Agreement Seller and Buyer, or their Affiliates, shall have executed the Supply Agreement.

  • Supply Agreements For a period of three years from the consummation of the IPO, Odetics shall not unilaterally terminate or assign its guarantee obligation with respect to any supply agreement pursuant to which it has guaranteed the performance by ATL of ATL's obligations, unless such suppliers have consented to the termination or assignment of such guarantee.

  • Indemnity for Underlying Sales and Supplemental Agreements Vendor shall be solely responsible for any customer claims or any disputes arising out of TIPS Sales or any Supplemental Agreement as if sold in the open-market. The Parties agree that TIPS shall not be liable for any claims arising out of Vendor’s TIPS Sales or Supplemental Agreements, including but not limited to: allegations of product defect or insufficiency, allegations of service defect or insufficiency, allegations regarding delivery defect or insufficiency, allegations of fraud or misrepresentation, allegations regarding pricing or amounts owed for TIPS sales, and/or allegations regarding payment, over-payment, under-payment, or non-payment for TIPS Sales. Payment/Drafting, overpayment/over-drafting, under- payment/under-drafting, or non-payment for TIPS Sales between customer and Vendor and inspections, rejections, or acceptance of such purchases shall be the exclusive respective obligations of Vendor/Customer, and disputes shall be handled in accordance with the terms of the underlying Supplemental Agreement(s) entered into between Vendor and Customer. Vendor acknowledges that TIPS is not a dealer, subcontractor, agent, or reseller of Vendor’s goods and services and shall not be responsible for any claims arising out of alleged insufficiencies or defects in Vendor’s goods and services, should any arise.

  • Collaboration Agreement The Collaboration Agreement shall not have been terminated in accordance with its terms and shall be in full force and effect.

  • TIPS Sales and Supplemental Agreements If awarded, when making a sale under this awarded contract, the terms of the specific TIPS order, including but not limited to: shipping, freight, insurance, delivery, fees, bonding, cost, delivery expectations and location, returns, refunds, terms, conditions, cancellations, defects, order assistance, etc., shall be controlled by the purchase agreement (Purchase Order, Contract, AIA Contract, Invoice, etc.) (“Supplemental Agreement” as used herein) entered into between the TIPS Member Customer and Vendor only. TIPS is not a party to any Supplemental Agreement. All Supplemental Agreements shall include Vendor’s Name, as known to TIPS, and TIPS Contract Name and Number. Vendor accepts and understands that TIPS is not a legal party to TIPS Sales and Vendor is solely responsible for identifying fraud, mistakes, unacceptable terms, or misrepresentations for the specific order prior to accepting. Vendor agrees that any order issued from a customer to Vendor, even when processed through TIPS, constitutes a legal contract between the customer and Vendor only. When Vendor accepts or fulfills an order, even when processed through TIPS, Vendor is representing that Vendor has carefully reviewed the order for legality, authenticity, and accuracy and TIPS shall not be liable or responsible for the same. In the event of a conflict between the terms of this TIPS Vendor Agreement and those contained in any Supplemental Agreement, the provisions set forth herein shall control unless otherwise agreed to and authorized by the Parties in writing within the Supplemental Agreement. The Supplemental Agreement shall dictate the scope of services, the project delivery expectations, the scheduling of projects and milestones, the support requirements, and all other terms applicable to the specific sale(s) between the Vendor and the TIPS Member.

  • License Agreement The Trust shall have the non-exclusive right to use the name "Invesco" to designate any current or future series of shares only so long as Invesco Advisers, Inc. serves as investment manager or adviser to the Trust with respect to such series of shares.

  • Software License Agreement 1) Customers acquiring software licenses under the Contract shall hold, use and operate such software subject to compliance with the Software License Agreement set forth in Appendix D of this Contract. No changes to the Software License Agreement terms and conditions may be made unless previously agreed to between Vendor and DIR. Customers may not add, delete or alter any of the language in Appendix D; provided however, that a Customer and Vendor may agree to additional terms and conditions that do not diminish a term or condition in the Software License Agreement, or in any manner lessen the rights or protections of Customer or the responsibilities or liabilities of Vendor. Order Fulfiller shall make the Software License Agreement terms and conditions available to all Customers at all times. 2) Compliance with the Software License Agreement is the responsibility of the Customer. DIR shall not be responsible for any Customer’s compliance with the Software License Agreement. If DIR purchases software licenses for its own use under this Contract, it shall be responsible for its compliance with the Software License Agreement terms and conditions.

  • Sublicense Agreements Sublicenses under this Section 2.3 shall be granted only pursuant to written agreements, which shall be subject to and consistent with the terms and conditions of this Agreement. Such Sublicense agreements shall contain, among other things, provisions to the following effect: 2.3.2.1 all provisions necessary to ensure Licensee’s ability to comply with Licensee’s obligation under or not violate the provisions of Sections 4.4, 4.5, 4.6, 5.1, 5.3, 5.4, 8.1 and 11.1; 2.3.2.2 a section substantially the same as Article 9 (Indemnification), which also shall state that the Indemnitees (as defined in Section 9.1) are intended third party beneficiaries of such Sublicense agreement for the purpose of enforcing such indemnification; 2.3.2.3 in the event of termination of the license set forth in Section 2.1.1 above (in whole or in part (e.g., termination of the license as to a Licensed Product or in a particular country)), any existing Sublicense shall terminate to the extent of such terminated license; provided, however, that, for each Sublicensee, upon termination of the license, if the Sublicensee is not then in breach of the Sublicense agreement such that Licensee would have the right to terminate such Sublicense agreement, such Sublicensee shall have the right to obtain a license from Harvard on the same terms and conditions as set forth herein, which shall not impose any representations, warranties, obligations or liabilities on Harvard that are not included in this Agreement, provided that (a) the scope of the license granted directly by Harvard to such Sublicensee shall be coextensive with the scope of the license granted by Licensee to such Sublicensee, (b) if the Sublicense granted to such Sublicensee was non-exclusive, such Sublicensee shall not have the right to participate in the prosecution or enforcement of the Patent Rights under the license granted to it directly by Harvard and (c) if there are more than one Sublicensee, each Sublicensee that is granted a direct license shall be responsible for a pro rata share of the reimbursement due under Section 6.2.3 of this Agreement (based on the number of direct licenses under the Patent Rights in effect on the date of reimbursement); 2.3.2.4 the Sublicensee shall only be entitled to sublicense its rights under such Sublicense agreement on the terms set forth in this Section 2.3; and 2.3.2.5 the Sublicensee shall not be entitled to assign the Sublicense agreement without the prior written consent of Harvard, except that Sublicensee may assign the Sublicense agreement to a successor in connection with the merger, consolidation or sale of all or substantially all of its assets or that portion of its business to which the Sublicense agreement relates; provided, however, that any permitted assignee agrees in writing in a manner reasonably satisfactory to Harvard to be bound by the terms of such Sublicense agreement.

  • Sales and Supplemental Agreements The terms of the specific TIPS order, including but not limited to: shipping, freight, insurance, delivery, fees, bonding, cost, delivery expectations and location, returns, refunds, terms, conditions, cancellations, order assistance, etc., shall be controlled by the purchase agreement (Purchase Order, Contract, Invoice, etc.) (hereinafter “Supplemental Agreement”) entered into between the TIPS Member Customer and Vendor only. TIPS is not a party to any Supplemental Agreement. All Supplemental Agreements shall include Vendor’s Name, as known to TIPS, and TIPS Contract Name and Number. Vendor accepts and understands that TIPS is not a legal party to TIPS Sales and Vendor is solely responsible for identifying fraud, mistakes, unacceptable terms, or misrepresentations for the specific order prior to accepting. Vendor agrees that any order issued from a customer to Vendor, even when processed through TIPS, constitutes a legal contract between the customer and Vendor only. When Vendor accepts or fulfills an order, even when processed through TIPS, Vendor is representing that Vendor has carefully reviewed the order for legality, authenticity, and accuracy and TIPS shall not be liable or responsible for the same. In the event of a conflict between the terms of this TIPS Vendor Agreement and those contained in any Supplemental Agreement, the provisions set forth herein shall control unless otherwise agreed to and authorized by the Parties in writing within the Supplemental Agreement.

  • DISTRIBUTION OF CONTRACTOR PRICE LIST AND CONTRACT APPENDICES Contractor shall provide Authorized Users with electronic copies of the Contract, including price lists and Appendices, upon request. Contract Updates will be handled as provided in Appendix C – Contract Modification Procedures.

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