Repurchase of Inventory. Upon termination of this Agreement, the Company agrees to repurchase on reasonable commercial terms the currently marketable inventory in the possession of the terminated Independent Business Owner that was purchased by the terminated Independent Business Owner for resale prior to the date of termination of the Agreement. For purposes of this provision, “reasonable commercial terms” shall include the repurchase of marketable inventory within twelve (12) months from your date of purchase and such purchase shall be made at a rate of not less than ninety percent (90%) of your original net cost less appropriate set offs and legal claims, if any. The determination of whether such inventory is “currently marketable” shall be made by the Company and will include factors such as the specific condition of the product and related packaging. Requests for repurchase must be made in writing within thirty (30) days of the termination of the Agreement. Shipping & handling costs for returned items shall be borne by you. Refund payments will be made within thirty (30) days of actual receipt of returned items. Sales materials and services delivered by Internet methods are not capable of being returned to the Company and are not subject to refund. The Company will comply with refund requirements at variance with this paragraph, if any, as may be specified by state or federal law.
Repurchase of Inventory. (a) Within thirty (30) days after termination or expiration of this Agreement, PENUMBRA and DISTRIBUTOR shall mutually elect in writing to either:
(i) permit DISTRIBUTOR to sell off its remaining inventory of Products; provided however, that DISTRIBUTOR shall comply with all terms and conditions of this Agreement restricting such reselling activities in effect immediately prior to termination or expiration; or
(ii) permit PENUMBRA to repurchase DISTRIBUTOR’s inventory of Products which are: salable; in the original packages; and, are unaltered from their original form and design (excluding the labels mounted on Products following the regulatory requirements) (except as provided in section 5(c)); and if the parties are unable to agree, PENUMBRA shall make the election. * Confidential Information, indicated by [***], has been omitted from this filing and filed separately with the Securities and Exchange Commission. In the event that this Agreement is terminated due to a material breach or default by either PENUMBRA or DISTRIBUTOR then the repurchase options outlined in this section 9(a) will be at the sole discretion of the party not in breach of the Agreement.
(b) Any such repurchase of DISTRIBUTOR’s inventory of Products shall be at the price paid by DISTRIBUTOR for such Products. Repurchased inventory shall be shipped according to PENUMBRA’S instructions, at PENUMBRA’S expense. PENUMBRA shall pay DISTRIBUTOR for such repurchased Products within thirty (30) days after the date of shipment (B/L Date) thereof by DISTRIBUTOR.
Repurchase of Inventory. ChemTrak shall have the right, but not the obligation, to repurchase from Selfcare all of the HIV Product (to the extent that the same are in new and original condition) then in Selfcare's inventory, F.O.
Repurchase of Inventory. (a) Subject to FSI’s right of inspection and approval provided in Section 3.3, on the Closing Date, the relevant FSI Purchasing Affiliates shall repurchase from the relevant Metron Selling Affiliates (i) the inventory of Products (such inventory, “Product Inventory”) as of the Closing Date and (ii) Spare Parts inventory (such inventory, “Spare Parts Inventory”) as of the Closing Date, provided that in each case such inventory was purchased by Metron or the relevant Metron Selling Affiliate, with respect to SCD system Products, within one (1) year of the Closing Date, and, with respect to MLD system Products, within two (2) years of the Closing Date. The foregoing shall exclude Product Inventory and Spare Parts Inventory held for sale in Israel.
(b) On or before the Effective Date, Metron has provided FSI with a true and correct summary schedule of the Product Inventory and the Spare Parts Inventory together with all Aging Spare Parts Inventory held by Metron or the Metron Selling Affiliates as of August 31, 2002, which schedule is attached hereto as Schedule 3.1(b). No later that thirty (30) days from the Effective Date, Metron shall provide FSI with a detailed list (a “Products and Spare Parts Inventory Listing”) of each of the Product Inventory and the Spare Parts Inventory together with all Aging Spare Parts Inventory held by Metron or the Metron Selling Affiliates as of August 31, 2002. Within thirty (30) days following the end of each calendar month from the Effective Date to the Closing Date, Metron shall provide FSI with an updated Products and Spare Parts Inventory Listing, as of the end of such calendar month, including a listing as of the Closing Date; provided, that the Products and Spare Parts Inventory Listing to be delivered within thirty (30) days from the end of October 2002 shall include Products and Spare Parts Inventory Listings as of the end of September 2002 and as of the end of October 2002. Such Products and Spare Parts Inventory Listings shall indicate the relevant Metron Selling Affiliate owning such inventory and shall further specify the location, cost and part or product number of each Spare Part or Product, as the case may be.
(c) The price to be paid by FSI to Metron for receipt on behalf of itself and each Metron Selling Affiliate on the Closing Date for Product Inventory and Spare Parts Inventory as of the Closing Date (the “Inventory Repurchase Price”) shall be equal to (i) the gross book value of such Product Inventory and...
Repurchase of Inventory. Upon termination of this Agreement, DIRECTED shall have the right, but not the obligation, to purchase SUPPLIER's current inventory of the Products. During a thirty (30) day period following the termination of this Agreement, SUPPLIER shall permit DIRECTED to enter onto SUPPLIER's premises to inspect SUPPLIER's current inventory of the Products. Within fifteen (15) days following such inspection, DIRECTED shall have the right to purchase any or all of such inventory. Such purchase shall be pursuant to all of the terms and conditions of this Agreement.
Repurchase of Inventory. Upon termination of this Agreement for any reason, the Company shall have the option, within sixty (60) days after the effective date of such termination, to purchase the Dealer’s inventory which was purchased by the Dealer within the past twelve (12) months prior to the date of termination. If the Company exercises such option, the Dealer will sell and release to the Company such inventory at a price equal to the price initially paid by the Dealer for such Trex Products, provided the Trex Products have been properly stored in accordance with Trex’s storage guidelines and are in a good and saleable condition.
Repurchase of Inventory. Upon expiration or termination of the Term with respect to any Product Category in any Market, Linvatec shall repurchase Zimmxx'x xxxentory of Products in such Product Category in such Market within 60 calendar days of such expiration or termination at the transfer prices applicable to such inventory, net of reserves for obsolete and slow-moving goods (as determined in accordance with Zimmxx'x xxxounting policies), plus freight charges and expenses (and with respect to Markets other than the United States, duty and customs charges and expenses). Delivery of such inventory returned to Linvatec shall be F.O.B. the storage location of such inventory. In the event Linvatec defaults in its obligations to repurchase Zimmxx'x xxxentory of Products, without prejudice to any of Zimmxx'x xxxer remedies, Zimmxx xxxll be entitled to sell such inventory in any manner it deems appropriate. In any case, after expiration or termination of the applicable Term, Zimmxx xxxll be entitled to sell any Products for which it has accepted firm orders, consistent with past practice.
Repurchase of Inventory. (Outstanding rentals):
Repurchase of Inventory. Upon any termination of this License Agreement pursuant to Sections 9.2, 9.3 or 9.4, Quinsa will promptly sell and deliver to AmBev (or AmBev's designee), and AmBev will purchase (or cause to be purchased by its designee) from Quinsa, Quinsa's inventory of applicable culture yeast purchased from AmBev or its designee and, if AmBev so requests in writing within thirty (30) days of such termination, Quinsa will promptly sell and deliver to AmBev (or AmBev's designee) and AmBev will purchase (or cause to be purchased by its designee) from Quinsa the inventory of Licensed AmBev Beer which is still in Quinsa's possession on the date of such request and which Quinsa has not yet sold or committed to a third party as of the date of such request.
Repurchase of Inventory. Within 60 days after the effective date of termination or expiration of this Agreement for any reason, upon written request from DISTRIBUTOR, SUPPLIER shall repurchase DISTRIBUTOR’s inventory of the Products, at the full price paid by DISTRIBUTOR therefor.
