Substitute Products. Your acceptance of refunds or substitute Products under this Agreement waives all claims relating to the nonperforming Products involved.
Substitute Products. Each of the Affiliate Insurance Companies and the Affiliate Underwriter hereby represent and warrant to Distributor that (a) such Affiliate Insurance Company has a financial strength rating of at least Aa3 by Xxxxx’x Investors Service, Inc. (or any successor thereto) or at least AA- by Standard and Poor’s (or any successor thereto); and (b) each Substitute Product is substantially the same the corresponding Existing Product in the terms, total compensation, consumer pricing, wholesaler coverage, training and support, features and service standards and metrics. Based upon such representations and warranties, Distributor hereby agrees, effective as of the date written above, that each of the Substitute Products shall be deemed Products to be distributed by Distributor. PFS Investments (Primerica) /OGC
Substitute Products. Supplier shall furnish only those Services specified in this Agreement, and shall not furnish an alternate or substitute Service to Participating Facility without the prior written approval of Amerinet Choice and Amerinet, except as follows:
a) With respect to Private Label Services, Supplier shall provide its equivalent branded label services (currently provided for in an agreement by and between Supplier and Amerinet in contract number «Amerinet_Contract_Number_Base» to Participating Facilities from the Commencement Date until the Implementation Dates of such Private Label Services. Until such Implementation Date, Supplier shall remit to Amerinet an Agreement Administrative Fee for all Sales of Supplier's branded label services pursuant to this provision; and
b) If, after the Implementation Date, Supplier is temporarily unable to provide one or more Service then Supplier may substitute its equivalent branded label service (currently provided pursuant to an agreement by and between Supplier and Amerinet in contract number «Amerinet_Contract_Number_Base»; however, Amerinet Choice pricing shall still be used) until such time as Supplier is able to provide such Services. Supplier shall remit Agreement Administrative Fees to Amerinet for all Sales of Supplier’s branded label services during such time that Supplier was unable to provide the Services, such that Agreement Administrative Fees are calculated on the total Sales of the Services and Supplier's branded label services during such period(s).
Substitute Products. In the event that Bitmain publishes any new type of Products with a lower J/TH value than the model of Products set forth in in the foregoing table on this Appendix A (i.e., that have a better Rated Efficiency / Unit than the current model S19 XP HASH Super Computing Server to be sold to the Purchaser pursuant to this Agreement, as set forth in the foregoing table on this Appendix A) and suspends the production of the type of the Products as agreed in this Agreement, Bitmain shall be entitled to release itself from any future obligation to deliver any subsequent Batches of the current Products by ten (10)-day prior notice to the Purchaser and continue to deliver new types of Products; provided, that (i) the Total Rated Hashrate of which shall be no less than the Total Rated Hashrate of such subsequent Batches of the current Products cancelled under this Agreement, (ii) the Total Purchase Price due under this Agreement shall not be increased, except by written agreement of Purchaser, and (iii) the price per Unit of which shall be adjusted in accordance with the J/TH value. In the event that the Purchaser explicitly refuses to accept new types of Products, the Purchaser is entitled to request for a refund of the remaining balance of the purchase price already paid by the Purchaser together with an interest at 0.0333% per day on such balance for the period from the next day following the payment date of such balance to the date immediately prior to the date of request of refund. If the Purchaser accepts the new types of Products delivered by Bitmain, Bitmain shall be obliged to deliver such new types of Products to fulfill its obligations under this Agreement. The Purchaser may request to lower the actual total hashrate of the Products delivered but shall not request to increase the actual total hashrate to the level exceeding the total rated hashrate as set out in this Agreement. After Bitmain publishes new types of Products and if Bitmain has not suspended the production of the types of Products under this Agreement, Bitmain shall continue to deliver such agreed types of Products in accordance with this Agreement and the Purchaser shall not terminate this Agreement or refuse to accept the Products on the grounds that Bitmain has published new type(s) of Products.
Substitute Products. (a) At any time during the Term, an Insurance Company may propose in writing that any of its insurance company Affiliates offer, in place of any Product then offered by the Insurance Company through Distributor (an “Existing Product”) in the Territory, a substitute product and if (i) such insurance company Affiliate has been assigned a financial strength rating of at least Aa3 by Xxxxx’x Investors Service, Inc. (or any successor thereto) or at least AA- by Standard and Poor’s (or any successor thereto) and (ii) such substitute product is substantially the same as the Existing Product in the terms, total compensation, consumer pricing, wholesaler coverage, training and support, features and service standards and metrics (a “Substitute Product”), then Distributor shall distribute such Substitute Product in place of the Existing Product.
(b) The insurance company Affiliate that offers such Substitute Product shall have the same rights under this Agreement with respect to the Substitute Product as the Insurance Company possessed with respect to the Existing Product. By way of illustration and without limiting the generality of the foregoing, if the Insurance Company was entitled to provide the Existing Product on a non-exclusive, Level Playing Field basis through Distributor, such insurance company Affiliate shall be entitled to provide the Substitute Product on a non-exclusive, Level Playing Field basis through Distributor in place of such Existing Product.
(c) Distributor and such insurance company Affiliate will enter into an addendum to this Agreement in the form of Schedule 2.6(c) attached hereto in respect of the Substitute Product. The insurance company Affiliate of the Insurance Company providing the Substitute Product shall bear reasonable costs incurred by Distributor in connection with or arising out of the replacement of the Existing Product with the Substitute Product.
Substitute Products. Each of the Affiliate Insurance Companies and the Affiliate Underwriter hereby represent and warrant to Distributor that (a) such Affiliate Insurance Company has a financial strength rating of at least Aa3 by Xxxxx’x Investors Service, Inc. (or any successor thereto) or at least AA- by Standard and Poor’s (or any successor thereto); and (b) each Substitute Product is substantially the same the corresponding Existing Product in the terms, total compensation, consumer pricing, wholesaler coverage, training and support, features and service standards and metrics. Based upon such representations and warranties, Distributor hereby agrees, effective as of the date written above, that each of the Substitute Products shall be deemed Products to be distributed by Distributor. Compensation for the Substitute Product shall be as reflected in the Compensation Schedule attached hereto as Schedule B. PFS Investments (Primerica)
Substitute Products. CONTRACTOR shall provide all data concerning products used and/or substitute products used at JWA to COUNTY Project Manager upon request:
A. COUNTY Project Manager shall determine the quality, service and suitability of the product propose.
B. Unsuitable products shall be replaced within two (2) working days after a request by the COUNTY Project Manager.
C. Installation of a product shall not be made until COUNTY Project Manager’s approval is obtained. X. WARRANTY REQUIREMENTS CONTRACTOR shall:
A. Submit all warranties and warranty information to the COUNTY Project Manager.
B. Warrant all lamps, parts, labor, materials, delivery, and returned goods (when necessary) used in the completion of work.
C. All warranty issues will be performed within seven (7) days of discovery and notification of default at CONTRACTOR’s expense.
D. Provide a ninety (90) day warranty for all lamps, parts and labor used in the work (or in accordance with the manufacturer's warranty if longer).
E. Warranty period shall start upon the acceptance of all parts and labor including any returned lamps by COUNTY Project Manager.
F. Be responsible for all expenses incurred during warranty periods.
Substitute Products. [***], if compatible with any current version of HP Products, [***].
Substitute Products. If Foundry develops any products that have the same ------------------- or similar form, fit, and function and are more efficient at the same or lower price than the comparable OEM Products available under this Agreement, HP will have the right to substitute the newer products at the same price as the comparable OEM Products for all subsequent *Material has been omitted pursuant to a request for confidential treatment. Such material has been filed separately with the Securities and Exchange Commission. purchases under this Agreement. Such substitute products must be compatible with the current version or the HP Products. Foundry products which include different or increased functionality at a greater price will be available to HP under the terms of this Agreement at prices to be agreed by the parties.
Substitute Products. If Supplier develops any products that are more efficient or less expensive than the comparable OEM Products available under this Agreement, Philips will have the right to substitute the newer products at the same price as the comparable OEM Products for all subsequent purchases under this Agreement. Such substitute products must be compatible with the current version of the Philips Products.
