Timely Supply Sample Clauses

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Timely Supply. For purposes of this Section 10.2.2, Product shall be deemed to have been supplied on a timely basis if such Product is delivered within [**] of the delivery date specified in the Sepracor purchase order forecasted and placed pursuant to Sections 10.3.1 to 10.3.3 and accepted by Nycomed in accordance with Section 10.3.4. No Supply Failure shall be deemed to have occurred if timely delivery of Product has failed to occur for reasons not attributable to the fault or negligence of Nycomed or Nycomed's Third Party suppliers including, without limitation, a Force Majeure Event.
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Timely Supply. BMS will use Diligent Efforts during the Copromotion Term to cause ▇▇▇ to supply Product to meet Galen's reasonable projections of the requirements of Third Party purchasers in the Territory and to supply the quantities of Product samples ordered by ▇▇▇▇▇ to Promote the Product; provided, that ▇▇▇▇▇ has provided BMS with sufficient advance written notice of such projections in accordance with this Agreement (so that BMS can meet its forecasting and order obligations to ▇▇▇) and provided that ▇▇▇ makes timely delivery of conforming Product ordered to BMS. ▇▇▇▇▇ acknowledges that it has reviewed Section V (B) of ▇▇▇ Supply Agreement and understands the ordering and forecasting requirements imposed on BMS that are contained therein. Provided that ▇▇▇▇▇ shall have given BMS at least ten (10) days written notice of its forecasting and order requirements consistent with BMS' obligations under the ▇▇▇ Supply Agreement, then, if BMS fails to provide ▇▇▇ for a given quarter timely written notice of BMS' orders and forecasts for Product and Product samples, ▇▇▇▇▇ shall have the right, upon ten (10) business days' prior notice to BMS, to provide such orders and forecasts to ▇▇▇ on BMS' behalf that ▇▇▇▇▇ had provided to BMS; provided, that ▇▇▇▇▇ may not do so if BMS notifies ▇▇▇▇▇ in writing that doing so could result in BMS holding in excess of three (3) months' of inventory of Product (including safety stock), based upon BMS' latest estimates for projected sales. Nothing in this Section 4.3.6 is intended to alter BMS' obligations and rights under the ▇▇▇ Supply Agreement.
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Timely Supply. GILEAD undertakes by itself or through an assignee to timely supply API directly to the Facility as further provided hereinafter. APO shall be under no duty to Manufacture the Products (including validation batches), nor meet delivery dates provided in the Binding Orders, to the extent that GILEAD does not supply API in a timely fashion, whether said supply is provided by GILEAD or a permitted appointee of GILEAD.
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Timely Supply. The INTEGRILIN PARTNERS [*] adequate supplies of ------------- INTEGRILIN Product are available to meet the requirements of Third Party purchasers in the Territory. The INTEGRILIN PARTNERS shall be responsible for [*] for INTEGRILIN Products, and GENENTECH shall provide input and assistance as reasonably necessary for the INTEGRILIN PARTNERS to do so. GENENTECH shall have the opportunity [*] as necessary to perform its obligations under this Agreement. In addition, in the event that the INTEGRILIN PARTNERS have reason to believe that they may not be able to produce adequate supplies of INTEGRILIN Product to meet the requirements of Third Party purchasers in the Territory, it shall promptly notify GENENTECH, and the Parties shall discuss in good faith the measures that should be taken to address the shortfall and to allocate available INTEGRILIN Product fairly among all of the Parties' customers.
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Timely Supply. Following the grant of the Regulatory Approval the Licensed Product in a Licensee Indication in the Territory, Licensor shall supply the Licensed Product in required quantities in a timely manner in accordance with terms and conditions as may be agreed between the Parties under a separate supply agreement.
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Timely Supply. For purposes of this Section 10.2.2, Bulk Product shall be deemed to have been supplied on a timely basis if such Bulk Product is delivered within [***] Business Days of the delivery date specified in the Partner purchase order forecasted and placed pursuant to Sections 10.3.1 to 10.3.4 and accepted by Nycomed in accordance with Section 10.3.5. No Supply Failure shall be deemed to have occurred if timely delivery of Bulk Product has failed to occur for reasons of a Force Majeure Event.
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Timely Supply. GENENTECH will [*] adequate supplies of ------------- GENENTECH Product are available to meet the requirements of Third Party purchasers in the Territory. GENENTECH shall be responsible for [*] for GENENTECH Products, and the INTEGRILIN PARTNERS shall provide input and assistance as reasonably necessary for GENENTECH to do so. The INTEGRILIN PARTNERS shall have the opportunity [*] as necessary to perform their obligations under this Agreement. In addition, in the event that GENENTECH has reason to believe that it may not be able to produce adequate supplies of GENENTECH Product to meet the requirements of Third Party purchasers in the Territory, it shall promptly notify the INTEGRILIN PARTNERS, and the Parties shall discuss in good faith the measures that should be taken to address the shortfall and to allocate available GENENTECH Product fairly among all of the Parties' customers.
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Related to Timely Supply

  • Payment for Forest Products Delivered Purchaser agrees to pay the State for delivered forest products at the following rate: $0.00/MBF $250.00/MBF for incorrect species delivery* $20/mbf for Utility logs (Adjusted Gross). Purchaser agrees to increase the above delivered payment rate as approved by the State in the event the location of delivery is changed per the G-026.2 clause. Purchaser will not be billed for any delivered logs that are scaled as containing metal. *When two or more log sorts from this project are delivered to the same destination, the species contained in them are not eligible for the species price reduction. Forest Products delivered that do not meet the sorting specifications in G-022.2 are considered mis-sorts. Purchaser receiving mis-sort Forest Products is required to pay the State at the bid price under this contract. However, when mis-sorted Forest Products amount to more than 5% of the total delivered sort volume, Purchaser may request approval for payment reduction for delivered volume exceeding the mis-sort threshold. Requests for payment reduction must be submitted to the State in writing prior to contract expiration. Eligibility for mis-sort payment reduction is subject to State approval and shall be determined by the State’s delivered product analysis. Forest Products determined by the State eligible for mis-sort price reduction are not eligible for any other price adjustments. Payment reduction for Forest Products deemed mis-sorted will be calculated as follows: Payment Reduction = (B x M) x R M = Mis-sorted volume exceeding threshold excluding utility R = Reduction factor* 0.2 for diameter mis-sort 0.3 for high quality mis-sort *Logs eligible for payment reduction based on multiple reduction factors will be calculated at the higher payment reduction factor. Third-party scaling organization information is required to determine ▇▇▇▇▇▇▇▇ mbf for payment reduction purposes. Value will be derived from the applicable sort value as described in this contract. Scale information for determining mis-sort payment reduction eligibility must be obtained from roll-out scale. Truck-ramp, sample scaling, and/or bundle scaling information is not acceptable for determining eligibility. Purchaser’s exclusive remedy for mis-sorts shall be the payment reduction described in this clause, notwithstanding other provisions in the Uniform Commercial Code Forest Products delivered that do not meet preferred log length specifications or multiples or combinations of preferred lengths and Forest Products delivered not meeting manufacturing standards as described in clause G-024.2 are considered mis- manufactured. Purchaser receiving mis-manufactured Forest Products is required to pay the State at the bid price under this contract. However, when mis-manufactured Forest Products amount to more than 8% of the total delivered sort volume, Purchaser may request approval for payment reduction for delivered volume exceeding the mis-manufacture threshold. Requests for payment reduction must be submitted to the State in writing prior to contract expiration. Eligibility for mis-manufacture payment reduction is subject to State approval and shall be determined by the State’s delivered product analysis. Forest Products determined by the State eligible for mis-manufacture price reductions are not eligible for any other price adjustments. Payment reduction for Forest Products deemed mis-manufactured will be calculated as follows: Payment Reduction = (B x M) x (0.2) Where: B = Bid rate from P-028.2 clause M = Mis-manufactured volume exceeding threshold excluding utility Third-party scaling organization information is required to determine ▇▇▇▇▇▇▇▇ mbf for payment reduction purposes. Value will be derived from the applicable sort value as described in this contract. Scale information for determining mis-manufacture payment reduction eligibility must be obtained from roll-out scale. Truck-ramp, sample scaling, and/or bundle scaling information is not acceptable for determining eligibility. Purchaser’s exclusive remedy for mis-manufacture shall be the payment reduction described in this clause, notwithstanding other provisions in the Uniform Commercial Code.

  • Third Party Suppliers If Licensee wishes to obtain the Compound, Product and/or Licensed Product from a Third Party source, Licensee shall notify Pfizer through MPP of the intended source prior to making any commitments to purchase the Compound, Product and/or Licensed Product. Pfizer will determine at its sole discretion whether and on what terms to grant a license to the intended source to produce the Compound, Product and/or Licensed Product or inform Licensee whether such license already exists.

  • Billing and Payment Procedure for Forest Products Delivered The State will compute and forward to Purchaser a billing statement of charges for forest products delivered during the billing period at the delivered rate shown in P- 028.2 clause. After receipt of the billing statement, Purchaser’s payment must be received by the Department of Natural Resources on or before the due date shown on the billing statement. Purchaser agrees to make payment, payable to the Department of Natural Resources. Failure to pay on time for forest products delivered is considered a breach of contract. Included with the billing statement will be a summary report for the billing period compiled by the State or their log and load reporting service. The State will adjust final ▇▇▇▇▇▇▇▇ to account for any State approved payment reductions. Advance payments made under P-045 or P-045.2 remaining on account above the value for the charges shall be returned to Purchaser within 30 days following the final report of charges. Refunds not made within the 30 day period will accrue interest at the interest rate, as established by WAC ▇▇▇-▇▇▇-▇▇▇, computed on a daily basis until paid.

  • Invoices Each invoice or pay request shall include the TIPS Member’s purchase order number or other identifying designation as provided in the order by the TIPS Member. If applicable, the shipment tracking number or pertinent information for verification of TIPS Member receipt shall be made available upon request.

  • Bona Fide Request/New Business Request Process for Further Unbundling 6.1 BellSouth shall, upon request of <<customer_name>>, provide to <<customer_name>> access to its network elements at any technically feasible point for the provision of <<customer_name>>'s telecommunications service where such access is necessary and failure to provide access would impair the ability of <<customer_name>> to provide services that it seeks to offer. Any request by <<customer_name>> for access to a network element, interconnection option, or for the provisioning of any service or product that is not already available shall be treated as a Bona Fide Request/New Business Request (BFR/NBR), and shall be submitted to BellSouth pursuant to the BFR/NBR process. 6.2 <<customer_name>> shall submit any BFR/NBR in writing to <<customer_name>>’s Account Manager. The BFR/NBR shall specifically identify the requested service date, technical requirements, space requirements and/or such specifications that clearly define the request such that BellSouth has sufficient information to analyze and prepare a response. The BFR/NBR also shall include <<customer_name>>’s designation of the request as being (i) pursuant to the Telecommunications Act of 1996 or (ii) pursuant to the needs of the business.