Common use of Scope of Claim Clause in Contracts

Scope of Claim. Applied will not be liable for [*] Inventory other than as described in this Section 16. In addition, no claim for [*] payment for [*] Inventory shall be made in the following situations: (i) any termination by Applied pursuant to Section 21(a) (Termination for Default); (ii) if Supplier has [*]; (iii) Supplier errors in production; (iv) if Supplier has been paid for such Items previously or has made a claim for [*] payment for such Items previously; (v) if such Items are “Commercial Off-the-Shelf Items” meaning Items that are standard or stock items in the industry in contrast to Items manufactured to build-to-print specifications of Applied or its customer, except to the extent [*] Items [*]; (vi) if Supplier has failed to fulfill its obligations to meet with Applied in accordance with Section 16(i), unless Supplier is unable to do so because of actions of Applied; (vii) if such Items were not disclosed by Supplier to Applied on each report required by Section 16(i) when each such report was due, provided that a failure to disclose Items on one report will not cause this exception (vii) to apply if Supplier does disclose those Items in writing to Applied within [*] after the Items should have been disclosed; or (viii) if Supplier materially fails to participates in Applied’s ECO process as reasonably requested by Applied, including without limitation providing accurate information about such Items that will be affected by a proposed ECO and that Supplier has in inventory or on order so that Applied can plan its ECO implementation to minimize the quantity of on-hand and/or on-order Items that will be made obsolete by the ECO.

Scope of Claim. Applied will not be liable for [*] Inventory other than as described in this Section 16. In addition, no claim for [*] payment for [*] Inventory shall be made in the following situations: (i) any termination by Applied pursuant to Section 21(a) (Termination for Default); (ii) if Supplier has [*]; (iii) Supplier errors in production; (iv) if Supplier has been paid for such Items previously or has made a claim for [*] payment for such Items previously; (v) if such Items are “Commercial Off-the-Shelf Items” meaning Items that are standard or stock items in the industry in contrast to Items manufactured to build-to-print specifications of Applied or its customer, except to the extent [*] Items [*]; (vi) if Supplier has failed to fulfill its obligations to meet with Applied in accordance with Section 16(i), unless Supplier is unable to do so because of actions of Applied; (vii) if such Items were not disclosed by Supplier to Applied on each report required by Section 16(i) when each such report was due, provided that a failure to disclose Items on one report will not cause this exception (vii) to apply if Supplier does disclose those Items in writing to Applied within [*] after the Items should have been disclosed; or (viii) if Supplier materially fails to participates in Applied’s ECO process as reasonably requested by Applied, including without limitation providing accurate information about such Items that will be affected by a proposed ECO and that Supplier has in inventory or on order so that Applied can plan its ECO implementation to minimize the quantity of on-hand and/or on-order Items that will be made obsolete by the ECO.

Scope of Claim. Applied will not be liable for [*] Inventory other than as described in this Section 16. In addition, no claim for [*] payment for [*] Inventory shall be made in the following situations: (i) any termination by Applied pursuant to Section 21(a) (Termination for Default); (ii) if Supplier has [*]; (iii) Supplier errors in production; (iv) if Supplier has been paid for such Items previously or has made a claim for [*] payment for such Items previously; (v) if such Items are “Commercial Off-the-Shelf Items” meaning Items that are standard or stock items in the industry in contrast to Items manufactured to build-to-print specifications of Applied or its customer, except to the extent [*] Items [*]; (vi) if Supplier has failed to fulfill its obligations to meet with Applied in accordance with Section 16(i), unless Supplier is unable to do so because of actions of Applied; (vii) if such Items were not disclosed by Supplier to Applied on each report required by Section 16(i) when each such report was due, provided that a failure to disclose Items on one report will not cause this exception (vii) to apply if Supplier does disclose those Items in writing to Applied within [*] after the Items should have been disclosed; or (viii) if Supplier materially fails to participates in Applied’s ECO process as reasonably requested by Applied, including without limitation providing accurate information about such Items that will be affected by a proposed ECO and that Supplier has in inventory or on order so that Applied can plan its ECO implementation to minimize the quantity of on-hand and/or on-order Items that will be made obsolete by the ECO.