Third Party Supplier. Businesses external to a bidder or vendor that provide products and services which contribute to the overall finished vehicle. Third Party Suppliers are contractors under the direction and responsibility of the bidder or vendor. Third Party Suppliers may also be referred to as upfitters within this document.
Third Party Supplier. You acknowledge and agree that:
(a) the telecommunication services You have requested to be provided will be provided through a third party Carrier or supplier network that We nominate from time to time;
(b) We may at any time during the term of this Agreement vary the third party Carrier or supplier network (in Our absolute discretion without notifying You); and
(c) We will use all reasonable efforts to maintain the connection while You comply with this Agreement.
Third Party Supplier. The manufacturer or supplier of the Products and/or Services (e.g. maintenance or helpdesk services) Customer purchases through ITCE, where ITCE acts as a (SPLA or standard) reseller, sub- licensor or intermediate or that Customer purchases itself directly from the Third-Party Supplier.
Third Party Supplier. (1) If, by January 1, 2018, the Parties have been unable to agree on the terms and conditions of a Commercialization Agreement pursuant to Section 8(b), at Achaogen’s request, Ark, Achaogen and a Third Party manufacturer that is reasonably acceptable by Ark (a “Third Party Supplier”) shall negotiate and enter into a technology transfer and license agreement (the “Technology Transfer and License Agreement”) pursuant to which, subject to commercially reasonable terms and conditions, Ark grants such Third Party Supplier a nonexclusive, nontransferable license under Ark Background IP and Foreground IP owned by Ark hereunder and provide reasonable know-how transfer to such Third Party Supplier; in each case to the extent necessary and solely for the purpose of manufacturing and supplying the Assay to Achaogen for use or commercialization by Achaogen and its designees. With respect to the Parties’ choice of Third Party Supplier, [***], provided that such Third Party Supplier has agreed to the requirements of confidentiality and the restrictions contained in the license as provided in this Section 8(d).
(2) Such Third Party Supplier would enter into a supply agreement directly with Achaogen on such terms as the Third Party Supplier and Achaogen may agree.
(3) If the Parties and such Third Party Supplier cannot agree on the terms and conditions of the Technology Transfer and License Agreement prior to [***], then either Party may send the other Party a written notice that such Party wishes to appoint an expert panel as provided pursuant to Section 8(b). For purposes of this Section 8(d), all of the provisions of Section 8(b) shall apply under such circumstances, but references to Commercialization Agreement shall constitute references to such Technology Transfer and License Agreement and references to 8(a) shall constitute references to this Section 8(d).
(4) For the avoidance of doubt, the Third Party Supplier shall be bound by reasonable confidentiality obligations with respect to any information, materials and know-how provided by Ark pursuant to the Technology Transfer and License Agreement. Without limiting the foregoing, the Technology Transfer and License Agreement shall provide the right for Ark to [***]. Achaogen agrees to reasonably cooperate with Ark to [***]. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted ...
Third Party Supplier. All Products must be manufactured and assembled solely by the Supplier. Supplier will not engage any third parties to provide services or goods relating to this Agreement without Purchaser’s prior written approval. If use of a third party supplier is agreed upon by the Purchaser, the Supplier shall have a Quality Agreement, giving effect to each of the affirmative obligations regarding quality assurance set forth herein, with any third party supplier used for production, packaging, testing, sterilization, processing, or release. Upon the Customer’s request, the Supplier will provide a copy of the Quality Agreement.
Third Party Supplier. The Contractor will endeavour to meet the above Target Clearance Times, however, if during the fault investigation the Contractor identifies that the problem lies with a third party supplier, then the Clearance Time may be affected. If part of the service solution is reliant on the third party, the Target Clearance Time for Category 1 faults will extend by 5 hours.
Third Party Supplier. Until the parties enter into an exclusive supplier agreement, Purchaser shall have the right to purchase materials as needed from any third-party supplier, to continue its development of the bipolar plate for commercialization in energy storage devices. In the event Purchaser enters into a supply agreement with a third-party supplier to secure the availability of materials for its biplate development and commercialization efforts, Purchaser shall not be required to enter into an exclusive supplier agreement with the Seller as stated in Section 16.1, but make best effort to enter into a non-exclusive supplier agreement with Seller that does not disadvantage Purchaser from any existing supplier agreement it may have with a third-party supplier.”
Third Party Supplier. When the Services include Third Party Services, you agree: (a) to be bound by any Third Party Supplier Terms and Conditions and the Third Party Supplier Terms and Conditions are incorporated into this Agreement; (b) that it is the intention to include the Third Party Suppliers as beneficiaries of this Agreement for the purposes of the Contractor and Commercial Law Act 2017 with all rights and remedies available as if Third Party Supplier was a party to this Agreement;
Third Party Supplier. If Xxxxxx exercises its right to have a Third Party Supplier manufacture and supply a Replacement Product pursuant to Section 7.7.1 and thereafter during the Term OraSure desires to resume supplying Xxxxxx with the Product (whether by OraSure, through another source or otherwise), then OraSure shall notify Xxxxxx of such desire. Xxxxxx shall then resume purchasing Product exclusively from OraSure for the remainder of the Term of this Agreement as soon as OraSure demonstrates to Xxxxxx’x reasonable satisfaction that OraSure (whether by OraSure, another source or otherwise) is capable of re-establishing a satisfactory supply of Product; provided that Xxxxxx shall not be required to cancel any contract with a Third Party Supplier or a purchase orders for Replacement Product with a Third Party Supplier that were issued in accordance with the forecasts required by Section 7.3 to the Third Party Supplier prior to the date that OraSure gave Xxxxxx notice of its desire to resume supply. Xxxxxx agrees that it will not enter into any contracts with Third Party Suppliers in accordance with this Section under which Xxxxxx cannot terminate its purchase commitments for Product within six (6) months from the date such contracts are executed. If OraSure is capable of re-establishing a supply of Product and Xxxxxx does not resume purchasing Product exclusively from OraSure for any reason including a contractual commitment to a Third Party Supplier, then OraSure shall be permitted to directly or indirectly market, distribute and sell Products into the Hospital Segment and the U.S. Government Hospital Segment, notwithstanding Xxxxxx’x exclusive appointment to such Segments, until Xxxxxx resumes purchasing Product exclusively from OraSure; provided that OraSure shall redirect any customers it obtains in the Hospital Segment and U.S. Government Hospital Segment to Xxxxxx once Xxxxxx resumes purchasing Product exclusively from OraSure, and any sales by OraSure to such customers shall be credited against the Contractual Minimums for the Contract Year in which such sales occur. Any action by OraSure pursuant to the preceding sentence shall not constitute a waiver of OraSure’s available remedies in the event Xxxxxx fails to resume purchasing Product exclusively from OraSure in accordance with this Section 7.7.3.
Third Party Supplier. If the Customer signs any other agreement in relation to the rental of a vehicle with any third party that supplies the vehicle under an arrangement with maui (other agreement) then as between maui and the Customer, agreement then the terms of this Agreement will prevail.
