Third Party Deductions Sample Clauses

Third Party Deductions. From time to time, A&P may ask C&S, in writing, to act as its agent to deduct amounts that are due from manufacturers to A&P. A&P must provide C&S with supporting documentation before C&S will process such deduction. C&S has the right, in its discretion, to refuse to honor any third party deduction request that A&P may make; provided that C&S shall use this right to refuse a deduction in a reasonable manner and shall discuss such with A&P, in advance, and work with A&P to resolve any of A&P’s concerns. If C&S makes a deduction on A&P’s behalf and the manufacturer disputes the deduction made by C&S, A&P agrees to indemnify, defend and hold C&S harmless from any claim by the manufacturer related to such deduction, provided that C&S will cooperate with A&P in the defense of any such claim. If after taking a deduction and paying the amount of such deduction to A&P, C&S repays any such deduction, A&P will, upon receipt of notice and supporting documentation from C&S, repay such amount to C&S. A&P will use its best efforts so that the supply of merchandise from manufacturers to C&S is not adversely affected solely by any third party deductions that C&S may take on A&P’s behalf. Service level shall not be adversely affected by an interruption in the supply of Merchandise from a manufacturer to C&S if the interruption is caused by the refusal of the manufacturer to ship product to C&S and such refusal is attributable to a disputed deduction that C&S has taken on A&P’s behalf at A&P’s direction. C&S will add to each deduction from a vendor a fee to process the deduction made by C&S on A&P’s behalf; such processing fee shall be (i) * for deductions equal to or less than * and (ii) * for deductions in excess of * .
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Third Party Deductions. In accordance with the Regulations and the BCMB’s By-laws and applicable sales taxes, ABCC shall deduct from each payment to a Depot, the appropriate amounts required.
Third Party Deductions. What is it?
Third Party Deductions. From time to time, Big V may ask C&S to act as its agent to deduct amounts that are due from manufacturers to Big V. C&S has the right, in its discretion, to refuse to honor any third party deduction request that Big V may make. Big V hereby assigns the claim underlying any deduction taken by C&S on Big V's behalf. If C&S makes a deduction on Big V's behalf and the manufacturer disputes the deduction made by C&S, Big V agrees to indemnify and defend C&S against and hold C&S harmless from any claim by the manufacturer related to such deduction. If C&S repays any deduction that C&S makes on Big V's behalf, Big V will, upon notice from C&S, repay such amount to C&S. Big V will insure that supply of Merchandise from manufacturers to C&S is not adversely affected by any third party deductions that C&S may take on Big V's behalf. Furthermore, Service Levels shall not be adversely affected by an interruption in the supply of Merchandise from a manufacturer to C&S if such interruption is caused by the refusal of the manufacturer to ship product to C&S based on a disputed deduction that C&S has taken on Big V's behalf. C&S will add to each deduction from a vendor a fee to process the deduction made by C&S on Big V's behalf equal to (i) [CONFIDENTIAL] for deductions equal to or less than [CONFIDENTIAL] and (ii) [CONFIDENTIAL] for deductions in excess of [CONFIDENTIAL]. Each Friday, C&S will reimburse Big V for all deductions collected during the period ending on the previous Friday less C&S' fee.
Third Party Deductions. 15 Section 3.08. Ordering Practices....................................16 Section 3.09. GM/HBC Takeover.......................................16
Third Party Deductions. From time to time, Pathmark may ask C&S to act as its agent to deduct amounts that are due from manufacturers to Pathmark. C&S has the right, in its discretion, to refuse to honor any third party deduction request that Pathmark may make. If C&S makes a deduction on Pathmark's behalf and the manufacturer disputes the deduction made by C&S, Pathmark agrees to indemnify and defend C&S against and hold C&S harmless from any claim by the manufacturer related to such deduction. If C&S repays any deduction that C&S makes on Pathmark's behalf, Pathmark will, upon notice from C&S, repay such amount to C&S. Pathmark will insure that supply of Merchandise from manufacturers to C&S is not adversely affected by any third party deductions that C&S may take on Pathmark's behalf. Service Level shall not be adversely affected by an interruption in the supply of Merchandise from a manufacturer to C&S if the interruption is caused by the refusal of the manufacturer to ship product to C&S and such refusal is attributable to a disputed deduction that C&S has taken on Pathmark's behalf. C&S will add to each deduction from a vendor a fee of no less than [CONFIDENTIAL] to process the deduction made by C&S on Pathmark's behalf; provided, that in no event will C&S charge such fee for any goods processed through C&S' reclamation program. Each Friday, C&S will reimburse Pathmark for all deductions collected during the preceding seven day period, less C&S' fee.
Third Party Deductions. From time to time, Penn Traffic may ask C&S to act as its agent to deduct amounts that are due from manufacturers, vendors or other third parties ("Vendors") to Penn Traffic. C&S has the right, in its reasonable discretion, to refuse to honor any third party deduction request that Penn Traffic may make. [*]
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Third Party Deductions. From time to time, BWD may ask C&S to act as its agent to deduct amounts that are due from manufacturers to BWD.[***].
Third Party Deductions 

Related to Third Party Deductions

  • Third Party Data Any statistical, industry-related and market-related data, which are included in the Disclosure Package and the Prospectus, is based on or derived from sources that the Company reasonably and in good faith believes to be reliable and accurate, and such data agrees with the sources from which it is derived, and the Company has obtained the written consent for the use of such data from such sources to the extent required.

  • Third Party Claims If any Indemnified Party receives notice of the assertion or commencement of any Action made or brought by any Person who is not a party to this Agreement or an Affiliate of a party to this Agreement or a Representative of the foregoing (a “Third-Party Claim”) against such Indemnified Party with respect to which the Indemnifying Party is obligated to provide indemnification under this Agreement, the Indemnified Party shall give the Indemnifying Party reasonably prompt written notice thereof, but in any event not later than thirty (30) calendar days after receipt of such notice of such Third-Party Claim. The failure to give such prompt written notice shall not, however, relieve the Indemnifying Party of its indemnification obligations, except and only to the extent that the Indemnifying Party forfeits rights or defenses by reason of such failure. Such notice by the Indemnified Party shall describe the Third-Party Claim in reasonable detail, shall include copies of all material written evidence thereof and shall indicate the estimated amount, if reasonably practicable, of the Loss that has been or may be sustained by the Indemnified Party. The Indemnifying Party shall have the right to participate in, or by giving written notice to the Indemnified Party, to assume the defense of any Third-Party Claim at the Indemnifying Party’s expense and by the Indemnifying Party’s own counsel, and the Indemnified Party shall cooperate in good faith in such defense. In the event that the Indemnifying Party assumes the defense of any Third-Party Claim, subject to Section 8.03(b), it shall have the right to take such action as it deems necessary to avoid, dispute, defend, appeal or make counterclaims pertaining to any such Third-Party Claim in the name and on behalf of the Indemnified Party. The Indemnified Party shall have the right to participate in the defense of any Third-Party Claim with counsel selected by it subject to the Indemnifying Party’s right to control the defense thereof, provided that the fees and disbursements of such counsel shall be at the expense of the Indemnified Party.

  • Product Claims You acknowledge that Company, not an App Distributor, is responsible for addressing any claims of yours or any third party relating to the Company application or your possession and/or use of the Company application, including, but not limited to: (i) product liability claims; (ii) any claim that the Company application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (5)

  • Royalties 1. Royalties arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State.

  • Settlement of Third Party Claims Notwithstanding any other provision of this Agreement, the Indemnifying Party shall not enter into settlement of any Third Party Claim without the prior written consent of the Indemnified Party, except as provided in this Section 8.05(b). If a firm offer is made to settle a Third Party Claim without leading to liability or the creation of a financial or other obligation on the part of the Indemnified Party and provides, in customary form, for the unconditional release of each Indemnified Party from all liabilities and obligations in connection with such Third Party Claim and the Indemnifying Party desires to accept and agree to such offer, the Indemnifying Party shall give written notice to that effect to the Indemnified Party. If the Indemnified Party fails to consent to such firm offer within ten days after its receipt of such notice, the Indemnified Party may continue to contest or defend such Third Party Claim and in such event, the maximum liability of the Indemnifying Party as to such Third Party Claim shall not exceed the amount of such settlement offer. If the Indemnified Party fails to consent to such firm offer and also fails to assume defense of such Third Party Claim, the Indemnifying Party may settle the Third Party Claim upon the terms set forth in such firm offer to settle such Third Party Claim. If the Indemnified Party has assumed the defense pursuant to Section 8.05(a), it shall not agree to any settlement without the written consent of the Indemnifying Party (which consent shall not be unreasonably withheld or delayed).

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