Replacement Goods Sample Clauses

Replacement Goods. 6.1. [CONFIDENTIAL TREATMENT REQUESTED] any Goods identified by an Authorized Purchaser as [CONFIDENTIAL TREATMENT REQUESTED] and returned to Supplier during the Warranty Period, [CONFIDENTIAL TREATMENT REQUESTED] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. regardless of the reason for [CONFIDENTIAL TREATMENT REQUESTED], even if the [CONFIDENTIAL TREATMENT REQUESTED] is due to abuse, misuse, negligence, accident, alteration, or faulty repair after shipment, or even if Supplier later identifies the Goods as [CONFIDENTIAL TREATMENT REQUESTED]. In the event that Supplier finds that [CONFIDENTIAL TREATMENT REQUESTED] quantities of Goods are identified by an Authorized Purchaser as [CONFIDENTIAL TREATMENT REQUESTED] and returned to Supplier, then Supplier shall [CONFIDENTIAL TREATMENT REQUESTED] will cooperate to resolve the issue as expediently as possible.
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Replacement Goods. If the First Replacement Goods fail to conform to the certificate of analysis, SuperGen shall immediately notify the [*] and [*] offices of [*] via facsimile, and [*] shall replace the non-conforming First Replacement Goods with conforming Product (the "Second Replacement Goods") within 10 working days of such notification. [*] REDACTED CONFIDENTIAL TREATMENT REQUESTED SuperGen shall have 30 days from the date of delivery of the Second Replacement Goods to SuperGen to complete analysis of the Second Replacement Goods. If the Second Replacement Goods fail to conform to the certificate of analysis, SuperGen shall immediately notify the [*] and [*] offices of [*] via facsimile. SuperGen and [*] agree to use a laboratory mutually acceptable to the parties which shall have authority to arbitrate the test results and objectively determine the results of the reassay, or resample and retest as the case may be and complete such arbitration within 10 days. If the Product is found to conform to Product Specifications then SuperGen agrees to accept the Product and pay for the arbitration costs incurred. If the Product is found to be non-conforming to Product Specifications, [*] shall pay for the arbitration costs incurred. SuperGen agrees to hold the non-conforming Product for a period of two weeks for [*] to investigate the failure and to return the shipment of non-conforming Product to the [*] office of [*], if [*] decides not to investigate. If [*] cannot supply conforming goods in the First Replacement Goods and the Second Replacement Goods shipment, or cannot make an original shipment or replacement shipment, SuperGen shall have the right to obtain bulk Paclitaxel from any other vendor who can supply bulk Paclitaxel meeting the acceptance specification for Paclitaxel, and [*] shall pay the increase in cost, if any, up to Ten Percent (10%) of the agreed original purchase price between [*] and SuperGen and the price for the same amount of bulk Paclitaxel ordered from [*] but obtained from a third party.
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Replacement Goods. If Customer replaces the Affected Goods in accordance with clause 7.1(a), then Customer must ensure that Financier obtains clear title to the replacement goods. The replacement goods will be taken to be Goods (or the relevant item or items of Goods as the case may be).
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Related to Replacement Goods

  • Replacement of Lost Investments In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other amount as shall be agreed by the parties as the date for settlement.

  • Replacement Parts Replacement parts for goods purchased by Buyer are for the purpose of this Section defined as “Parts” (and are also considered “goods” under this Order). Unless specified otherwise by Buyer in writing, Supplier shall provide Parts (or upon Buyer’s written consent, an alternative replacement part that provides the same form, fit and function as the Part(s)) for a period of twenty (20) years after production of the goods (into which the applicable Parts are incorporated) ceases. Supplier shall continue to supply such Parts past the twenty (20) year period if Buyer orders at least twenty (20) Parts per year during such twenty-year period. The prices for any Parts purchased in the first two (2) years of the twenty-year period shall not exceed those prices in effect at the time production of the goods ceases, and no set up charges shall be permitted by Supplier or paid by Xxxxx during this two-year period. Thereafter, the prices for Parts shall be negotiated based on Supplier’s actual cost of production of such Parts plus any special packaging costs. No minimum order requirements shall apply unless the parties mutually agree in advance. After the end of the twenty-year period, Supplier shall continue to maintain in good working condition all Supplier-owned tooling required to produce the Parts and shall not dispose of such tooling without offering Buyer the right of first refusal to purchase such tooling.

  • Additional Equipment Additional Equipment may from time to time be added as the subject matter of this Agreement as agreed on by the parties. Any additional property will be added in an amendment describing the property, the monthly rental, security deposit, and stipulated loss value of the additional Equipment. All amendments must be in writing and signed by both parties. Other than by this amendment procedure, this Agreement may not be amended, modified, or altered in any manner except in writing signed by both parties.

  • Benchmark Replacement Conforming Changes In connection with the use, administration, adoption or implementation of a Benchmark Replacement, the Administrative Agent will have the right to make Conforming Changes from time to time and, notwithstanding anything to the contrary herein or in any other Loan Document, any amendments implementing such Conforming Changes will become effective without any further action or consent of any other party to this Agreement or any other Loan Document.

  • Benchmark Replacement Notwithstanding anything to the contrary herein or in any other Loan Document, if a Benchmark Transition Event and its related Benchmark Replacement Date have occurred prior any setting of the then-current Benchmark, then (x) if a Benchmark Replacement is determined in accordance with clause (a) of the definition of “Benchmark Replacement” for such Benchmark Replacement Date, such Benchmark Replacement will replace such Benchmark for all purposes hereunder and under any Loan Document in respect of such Benchmark setting and subsequent Benchmark settings without any amendment to, or further action or consent of any other party to, this Agreement or any other Loan Document and (y) if a Benchmark Replacement is determined in accordance with clause (b) of the definition of “Benchmark Replacement” for such Benchmark Replacement Date, such Benchmark Replacement will replace such Benchmark for all purposes hereunder and under any Loan Document in respect of any Benchmark setting at or after 5:00 p.m. (New York City time) on the fifth (5th) Business Day after the date notice of such Benchmark Replacement is provided to the Lenders without any amendment to, or further action or consent of any other party to, this Agreement or any other Loan Document so long as the Administrative Agent has not received, by such time, written notice of objection to such Benchmark Replacement from Lenders comprising the Required Lenders. If the Benchmark Replacement is Daily Simple SOFR, all interest payments will be payable on a quarterly basis.

  • Capital Equipment Collaborator’s commitment, if any, to provide ICD with capital equipment to enable the research and development activities under the Research Plan appears in Appendix B. If Collaborator transfers to ICD the capital equipment or provides funds for ICD to purchase it, then ICD will own the equipment. If Collaborator loans capital equipment to ICD for use during the CRADA, Collaborator will be responsible for paying all costs and fees associated with the transport, installation, maintenance, repair, removal, or disposal of the equipment, and ICD will not be liable for any damage to the equipment.

  • Replacement The term “

  • Replacement of the L/C Issuer The L/C Issuer may be replaced at any time by written agreement among the Borrower, the Administrative Agent, the replaced L/C Issuer and the successor L/C Issuer. The Administrative Agent shall notify the Lenders of any such replacement of the L/C Issuer. At the time any such replacement shall become effective, the Borrower shall pay all unpaid fees accrued for the account of the replaced L/C Issuer. From and after the effective date of any such replacement (i) the successor L/C Issuer shall have all the rights and obligations of the L/C Issuer under this Agreement with respect to Letters of Credit to be issued thereafter and (ii) references herein to the term “L/C Issuer” shall be deemed to refer to such successor or to any previous L/C Issuer, or to such successor and all previous L/C Issuers, as the context shall require. After the replacement of a L/C Issuer hereunder, the replaced L/C Issuer shall remain a party hereto and shall continue to have all the rights and obligations of a L/C Issuer under this Agreement with respect to Letters of Credit issued by it prior to such replacement, but shall not be required to issue additional Letters of Credit.

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