Quality of Product. The Vendor shall ensure proper quality of the products sold. The
Quality of Product. It is the policy of DISTRICT that such restaurant operations will be of high quality. DISTRICT shall have the right to reasonably reject the quality of service and/or consumable product offered to the public by LICENSEE and require that unacceptable practices be discontinued or remedied.
Quality of Product. In the event Licensee decides to use Ultralight Inc's Trademarks, Licensee agrees to maintain a high quality of any Licensed Product provided under the Trademark consistent with the quality of previous versions of Ultralight Inc's products as of the Effective Date and consistent with a standard that ensures the continued protection of the Trademark and the goodwill pertaining to the Trademark. In such an event, Ultralight Inc reserves the right to receive samples of the xxxx as used in conjunction with the Licensed Product no more than once per year or as reasonably provided by Licensee, to ensure that the quality meets the foregoing standard.
Quality of Product. 6.1 shall supply the Products to Bontex in accordance with the specifications in the Appendix 4 (technical data sheet *). ----------------------- 2 * Confidential Treatment Requested. The redacted material has been separately filed with the Commission.
Quality of Product. 13.1 Oasmia represents and warrants that all amounts of the Product delivered and supplied to Hetero:
a) shall have been manufactured in accordance with the approved specifications in the Marketing Authorizations, all applicable regulatory requirements and/or commitments, cGMP and all applicable laws and regulations in force in the Territory;
b) shall comply with the approved specifications;
c) the manufacturing facilities utilized for the manufacture of Finished Product shall, at the time of manufacture, comply with applicable regulations, or other applicable regulations, including applicable cGMP.
13.2 Clause 13.1(a), 13.1(b) and 13.1(c) shall together be the “Agreed Quality”.
13.3 Oasmia shall with each batch of the Product delivered and supplied furnish Hetero with a certificate of analysis indicating the compliance of that batch of the Product with the Marketing Authorization, and such other information and documentation as may be required from time to time under applicable laws and regulations in the relevant country in the Territory.
13.4 Expiry date must be at least [***] from Oasmia’s shipping date. After the delivery of the Product from Oasmia, Hetero shall promptly: (i) perform a visual inspection of the Finished Product so delivered without exposing the Product to direct sun light, to identify any visible signs of defect or transportation damage, and (ii) notify Oasmia should any such defect be found, and in that case place such Finished Product in quarantine until the claim is settled between the Parties. [***] INDICATES CONFIDENTIAL PORTION HAS BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND HAS BEEN FILED SEPARATELY WITH THE COMMISSION
13.5 If a Party becomes aware that a Finished Product delivered is defective, or is recalled by any governmental agency or authority or is not in conformance with the Agreed Quality (“Non- Conforming Finished Product”), such Party shall notify the other Party in writing without undue delay after becoming aware thereof.
13.6 Hetero shall identify temperature loggers and ensure that temperature during transportation complies with appropriate storage conditions. The original temperature recording chart shall be returned to Oasmia in no case later than thirty (30) business days from Product receipt.
13.7 As soon as possible, but in no case later than thirty (30) business days following delivery of Product from Oasmia, Hetero shall, without prejudice to its rights relating to Non-Conforming Produc...
Quality of Product. (a) ASM will ensure that each Product to be delivered to the Processors shall meet the specifications set out in Schedule 1 for that particular Product.
(b) If any Product does not satisfy such quality requirements (as determined under the procedures set out in Clause 12 (Metering and Quality Analysis)):
(i) the relevant Processor shall provide ASM with details of the way in which the Product fails to meet the specifications set out in Schedule 1;
(ii) if reasonably requested by ASM to do so, the relevant Processor will in good faith consider whether it is able to take such Products, despite the defect in quality requirements in which case it will pay the full Product Price payable in respect of such Product;
(iii) notwithstanding sub-paragraph (ii) above, the relevant Processor shall not be obliged to take delivery of the relevant Product and may reject such Product in which case ASM will have responsibility for disposal or further treatment of that substandard Product; and
(iv) no liquidated damages, compensation or any other amounts shall be payable by ASM to the relevant Processor in respect of such quantities of Product so rejected or for any defects in Products accepted but later found defective.
Quality of Product. The quality of Product manufactured by Allied for Sofsource, and all of the materials supplied by Allied in connection with the manufacture of Product hereunder, shall meet or exceed the Standards.
Quality of Product. Operator shall have the right to conduct appropriate tests to determine whether Product meets the applicable specifications of the delivering or receiving pipeline and may rely upon the specifications and representations of Owner or any of its customers, if any, set forth in the scheduling notice relating to the quality of such Product. In the event Owner or any of its customers requires Operator to remove or dispose of or otherwise treat the Product for any water or other material or contaminants in or associated with the Product at any time, Owner shall pay or reimburse all actual out of pocket costs and expenses associated with such removal, disposal or treatment.
Quality of Product. 3.1 The Seller warrants and represents to the Buyer as follows:
(a) The Products delivered to the Buyer will contain only quality ingredients and shall be in accordance with the specifications set out in Appendix A;
(b) The Products delivered to the Buyer as animal feed (the "Animal Feed Products") will conform with the requirements for such Products as set out by the Association of American Feed Control Officials Incorporated and as set out in the Canadian Feed Act and Regulations, as published and amended from time to time;
(c) Animal Feed Products will not contain any material or contaminants which would make the Animal Feed Products harmful as animal feed;
(d) The Products will have a maximum twelve (12%) percent moisture content.
3.2 The Seller will maintain current and accurate logs of the raw materials being utilized by the Plant.
Quality of Product. (a) Neither Xxxxxx nor USD shall be obligated to accept into or transport through the Pipeline Facilities or the Rail Terminal any material that has been classified as, or would constitute in either Party’s reasonable discretion, a hazardous waste, contaminated material, or material that would damage the Pipeline Facilities or the Rail Terminal or render it unfit for use.
(b) Customers of the Facilities shall be solely liable and responsible to Xxxxxx and USD for delivery of Product to the Pipeline Facilities or Rail Facilities which does not conform to the Product Specifications (“Non-Conforming Product”). The Facilities Service Agreements shall contain terms to the effect that either Xxxxxx or USD may refuse to accept any Non-Conforming Product into the Pipeline Facilities or Rail Terminal, respectively. Further, the Facilities Service Agreements shall provide that Customers shall be responsible for and shall indemnify USD and Xxxxxx for any Claims and/or Damages resulting from Customer’s delivery of Non-Conforming Product into the Pipeline Facilities or Rail Terminal, except to the extent such Claims and/or Damages arise out of the gross negligence or willful misconduct of the Parties. *** Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
