Replacement Units Clause Samples

Replacement Units. (a) If any mutilated Unit is surrendered to the Unit Agent or the Issuers and the Unit Agent receives evidence to its satisfaction of the destruction, loss or theft of any Unit, the Issuers will issue and the Unit Agent, upon receipt of a Company Order, will authenticate a replacement Unit if the Unit Agent’s requirements are met. An indemnity bond must be supplied by the Unitholder that is sufficient in the judgment of the Unit Agent and the Issuers to protect the Issuers, the Unit Agent, any Agent and any authenticating agent from any loss that any of them may suffer if a Unit is replaced. The Issuers may charge for their expenses in replacing a Unit. (b) Every replacement Unit is an additional obligation of the Issuers and will be entitled to all of the benefits of this Agreement equally and proportionately with all other Units duly issued hereunder.

Replacement Units. Subject to the provisions of section C8.4 above, if Buyer requests Seller to provide fully tested field replacement units (“FRUs”) and/or engineering replacement units (“ERUs”) to modify the Production Units that are in Buyer’s or its distributors’ inventory or installed at end user customers’ sites and that were delivered before Seller delivers Production Units in compliance with new Safety Standards, Seller shall, at Buyer’s expense, provide the FRUs and/or ERUs. Buyer shall, at its own expense, implement the modification using the FRUs and/or ERUs.

Replacement Units. If any mutilated Unit is surrendered to the Unit Agent, Holdings or the Company and the Unit Agent receives evidence to its satisfaction of the destruction, loss or theft of any Unit, Holdings and the Company shall issue and the Unit Agent, upon receipt of a Unit Authentication Order, shall authenticate a replacement Unit if the Unit Agent's requirements are met. If required by the Unit Agent, Holdings or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Unit Agent, Holdings and the Company to protect Holdings and the Company, the Unit Agent, any Agent and any authenticating agent from any loss that any of them may suffer if a Unit is replaced. The Company may charge for its expenses in replacing a Unit. Every replacement Unit is an additional obligation of the Company and shall be entitled to all of the benefits of this Unit Agreement equally and proportionately with all other Units duly issued hereunder.

Replacement Units. If a mutilated Definitive Unit is ----------------- surrendered to the Registrar, if a mutilated Global Unit is surrendered to the Company or if the Holder of a Unit claims that such Unit has been lost, destroyed or wrongfully taken, the Company shall issue and the Unit Agent shall authenticate a replacement Unit in such form as the Unit being replaced if the requirements of the Unit Agent, the Registrar and the Company are met. If required by the Unit Agent, the Registrar or the Company, such Holder must provide an indemnity bond or other indemnity, sufficient in the judgment of the Company, the Registrar and the Unit Agent, to protect the Company, the Registrar, the Unit Agent and any agent from any loss which any of them may suffer if a Unit is replaced. The Company may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Unit, including reasonable fees and expenses of counsel. Every replacement Unit is an obligation of the Company.

Replacement Units. PRESSER agrees to communicate directly with Products Plus and/or Ollie’s, as same pertains to the replacement of one thousand four hundred ninety-six (1,496) damaged, defective or otherwise inoperative Product units (the “Bad Units”) and will replace such Bad Units with Product units which are in good working order (the “Replacement Units”), and deliver such Replacement Units to the Ollie’s warehouse location by no later than August 30, 2013. The Bad Units shall be returned to PRESSER’s warehouse in China in a timely manner, with such arrangements to be PRESSER’s sole responsibility, and with any associated costs to be borne solely by PRESSER. For purposes of this section, the Ollie’s warehouse location shall be as follows: Ollie’s Bargain Outlet, ATTN: ▇.▇. ▇▇▇ # ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇, ▇▇ ▇▇▇▇▇ (the “Ollie’s Warehouse Location”), and the shipping delivery documents shall consist of the following: signed billed of lading by receiving warehouse and/or proof of delivery (P.O.D.) document from the shipper (the “Shipping Delivery Documents”). PRESSER hereby agrees and acknowledges that time is of the essence with regard to the foregoing delivery date of the Replacement Units to the Ollie’s Warehouse Location. Notwithstanding the foregoing, the total Replacement Units shall consist of one thousand five hundred forty-one (1,541) units, which represents the one thousand four hundred ninety-six (1,496) Bad Units set forth above, plus an additional three percent (3%) overage, to cover any defects in the Replacement Units. Ten percent (10%) of the Replacement Units-- or one hundred fifty-four (154) units, to be selected at random -- shall be inspected in China and approved by an inspector (the “Inspector”), who shall be an independent individual qualified to perform such inspections selected by PRESSER. The cost of the inspection of the Replacement Units, to be performed by the Inspector, shall be equally shared by the parties. TVG shall be entitled to receive, and shall be furnished with a copy of the Inspector’s inspection report (the “Inspection Report”). With regard to the Inspection, same shall be deemed accepted and the Inspection Report thereunder accepted, if the Inspection reveals no more than 3% or no more than four (4) bad units (i.e., that the Inspection of the 154 units reveals that 150 or more of the units were found to be in good condition). Should the Inspection reveal more than 3% or 4 bad units, PRESSER shall cau...

Replacement Units. Replace (1) 2-Ton Unit and (3) 3-Ton units and relocate main return grill Tag CU-1 Carrier Model# 539ANX024000AAAA Serial# 3889E27833 Tag CU-2 Carrier Model# 539ANX060000AAAA Serial# 4089E01650 Tag CU-3 Carrier Model# 593ANX060000AAAA Serial# 3989E32730 Tag CU-4 Carrier Model# 539ANX060000AAAA Serial# 4089E01651 New replacements must be the same or approved equal.

Replacement Units. For any Other Deliverable Items other than Software, including Equipment or other Deliverable Items: (a) The Contractor shall, while the warranty period for the applicable items is in effect, provide Customer with replacement units to replace failed Other Deliverable Items. The Contractor shall keep in stock or available through suppliers a sufficient number of replacement units (based on reasonable estimates) for such purpose. Replacement units installed or Delivered (as the case may be) shall become the property of Customer. Any failed unit returned to the Contractor shall become the property of the Contractor. The replacement hardware installed or Delivered (as the case may be) by the Contractor to Customer shall be as a permanent replacement, not a temporary replacement. (b) Upon notification to the Contractor that failed Other Deliverable Items (other than Software) or Components thereof need to be repaired or replaced, the Contractor shall Deliver a functioning replacement unit to Customer, and conduct any installation for which the Contractor is responsible promptly upon receipt of the Other Deliverable Items either by the Contractor or by Customer. For any Other Deliverable Items other than Software that are not required to be installed by the Contractor, but instead are being shipped to Customer, the Contractor shall provide Customer with the name of the shipper and the shipment tracking number. Customer shall return the failed unit to the Contractor within a reasonable time following such installation or receipt of such shipment. (c) The Contractor is responsible for all costs to send failed Other Deliverable Items other than Software to the Contractor and for returning repaired units or replacement units to Customer. Such costs shall include, but are not limited to, packaging as per packaging instructions provided by the Contractor, shipping, insurance and applicable customs brokerage. The Contractor shall bear the risk of loss and expense of Other Deliverable Items other than Software sent to the Contractor for repair and replacement and returned to it by Customer, from the time it is delivered by Customer to the carrier until the repaired or replacement unit is returned to Customer. Customer shall pay for any expenses (including transportation, insurance, storage and Contractor’s labor expended to evaluating the nonconformity) relating to any non-conformance that is determined to not be a result of a breach of Contractor’s warranties. (d) The ...

Replacement Units. Replacement Units are those affordable residential units that are required to be provided by the Owner as a condition of obtaining a Use Permit pursuant to Berkeley Municipal Code Section 23.326.030. In perpetuity from the date the City first issues a Certificate of Occupancy, [Number of Units] (#) of the residential units shall be rented to and occupied by, or if vacant, available for occupancy by Extremely Low Income Households, [Number of Units] (#) of the residential units shall be rented to and occupied by, or if vacant, available for occupancy by Very Low Income Households and [Number of Units] (#) of the residential units shall be rented to and occupied by, or if vacant, available for occupancy by Low Income Households. After the 55 year period, the [Number of Units] (#) Extremely Low Income units will become Very Low Income units for a total of [Number of Units] (#) Very Low Income Units as a condition of obtaining a Use Permit pursuant to Berkeley Municipal Code Section 23C.08.020. [Demolition Ordinance Projects Only]

Replacement Units. Replacement units newly constructed as of and after October 1, 1998 that replace units in a development funded in FFY 1999 by the Comprehensive Grant formula system or the Comprehensive Improvement As- sistance Program (CIAP) formula sys- tem will be given a new ACC number as a separate development and will be treated as a newly constructed develop- ment.