Xxxxxxxx of Product Sample Clauses

Xxxxxxxx of Product. No later than the deadlines set forth in subsections (i) and (ii) below, Seller shall submit, or cause Seller’s SC(s) to submit: No later than ten (10) Business Days prior to Buyer’s Compliance Showing deadlines each year or Showing Month (as applicable), Notice to Buyer which shall include Seller’s Supply Plan for such year or Showing Month (as applicable) in (A) a form substantially similar to Exhibit F, or (B) a form as communicated in writing by Buyer to Seller no later than fifteen (15) Business Days prior to Buyer’s Compliance Showing deadlines for such year or Showing Month (as applicable). Such Supply Plan shall include the Qualifying Capacity for each PDR identified by Seller pursuant to Section 1.4(a)(i), the sum of which shall not exceed the Monthly Contracted Quantity. No later than ten (10) Business Days prior to the deadline for Seller’s Supply Plan submission in subsection (i) immediately above, the additional information required by the implementation guidelines set forth in D.00-00-000, Appendix A, as modified by D.00-00-000 and D.00-00-000, and set forth with more specificity in Exhibit G (the “QC Implementation Guidelines”), including the Qualifying Capacity for each PDR identified by Seller pursuant to Section 1.4(a)(i), presented in the standardized reporting format developed by the CPUC pursuant to Ordering Paragraph 8 of D.00-00-000. If the information provided pursuant to Exhibit G supports an estimated Qualifying Capacity greater than the amount of Qualifying Capacity Seller will identify for such PDR on the Supply Plan pursuant to Section 3.1(a)(i), Seller shall also provide such Supply Plan amount for such PDR. If Buyer has any questions or concerns about the information provided by Seller pursuant to this Section 3.1(a)(ii), Buyer shall, to the extent reasonably practicable, request clarification from Seller) and take into consideration any clarification or additional information timely provided by Seller. No later than eight (8) Business Days prior to Buyer’s Compliance Showing deadlines each year or Showing Month (as applicable), Buyer shall issue a Notice to Seller in the event Buyer intends to include in Buyer’s applicable compliance filings any amount less than the quantities in Seller’s Supply Plan submitted to Buyer (“QC De-Rate Notice”). The QC De-Rate Notice will include the amount of the de-rate to such quantities and will identify the shortcomings or deficiencies in the information provided by Seller pursuant to Secti...
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Xxxxxxxx of Product. (a) No later than ten (10) Business Days before the earliest monthly applicable Buyer’s Compliance Showing deadlines with the CAISO and the CPUC for each Showing Month, Seller shall submit, or shall cause Seller’s SC(s) to submit, Notice to Buyer which includes Seller’s Supply Plan for such Showing Month in a form substantially similar to Exhibit D, or in a form as communicated in writing by Buyer to Seller no later than fifteen (15) Business Days prior to Xxxxx’s Compliance Showing deadlines for a Showing Month. (b) Seller shall, on a timely basis, submit, or cause its SC to submit, a Supply Plan to CAISO in accordance with the CAISO Tariff to identify and confirm the Product Monthly Quantity for each type of Product to be provided to Buyer from the DRAM Resource for each Showing Month. The quantities in the Supply Plan that is submitted to the Buyer under Section 3.1(a) shall exactly match what is submitted by the Seller or its SC to the CAISO due on the earliest monthly applicable Buyer’s Compliance Showing deadlines with CAISO and CPUC.
Sample 1
Xxxxxxxx of Product. Supplier shall load trucks or railcars at the Pick Up Location, in accordance with Customer’s written instructions provided in the applicable purchase order. Customer shall send trucks or covered xxxxxx railcars (such railcars not to exceed 44 feet in length) leased or owned by Customer to the Pick Up Location in sufficient quantities to transport the Product purchased by Customer from the Pick Up Location to the destination designated by Customer. Upon written request by Customer, Supplier shall arrange for the transportation of the Product utilizing railcars owned or managed by Supplier (collectively, the “Supplier Railcars”). The cost of utilizing the Supplier Railcars is included in the FOB terminal pricing specified on Schedule A hereto (the “FOB Terminal Pricing”). All such pricing and other transportation rates shall be adjusted on a quarterly basis as discussed in Section 5 below. Customer will also pay for all related costs including, without limitation, energy surcharges, rail rate increases and switch fees, incurred by Supplier in connection with the transactions contemplated by this Agreement on a cost added basis. Customer shall be listed as “consignee” for any shipments requiring Supplier Railcars. After the first thirty-one (31) days any Supplier Railcar has been constructively placed at the Pick Up Location, Customer shall be responsible for demurrage charges at the rate set forth on Schedule A hereto (“Demurrage Charges”). Customer shall make 5 *** 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 portions. commercially reasonable efforts to timely pick up all Product to avoid Demurrage Charges and not increase Supplier’s Railcars’ cycle times.
Sample 1
Xxxxxxxx of Product. Citigroup’s only grant of rights hereunder is with respect to the Marks as shown on the Products. Company shall look solely to Operator and such other third parties with any rights or title in and to the Product to supply the Product and grant any other rights thereto, and those Product-related accessories (as applicable) as the Company may require, and any other requirements with respect to the Product and Company’s use as contemplated hereunder. Company acknowledges and agrees that Citigroup is not the operator of the bicycle sharing pProgram or the manufacturer or servicer of any of the Products, and. Company is solely responsible for and shall make any all payments that may be necessary to Operator and such third parties with respect to Company’s use thereof, and shall not have or make any claim against Citigroup or its affiliated entities with respect to the acts or omissions of Operator or such third parties in connection therewith. For the avoidance of doubt, Citigroup shall not be responsible for any payment to Company or any other third party in connection herewith.
Sample 1

Related to Xxxxxxxx of Product

  • Supply of Product 4.1 DAEWOONG shall manufacture and supply Product to AEON in a primary packaged and labeled form. Product packaging shall display the logo of DAEWOONG (to the extent required by applicable law) and AEON and the outer label shall be marked using English language in accordance with applicable laws and Product’s Regulatory Approvals. 4.2 AEON’s estimate sales forecast of the Product during the Term of Agreement in the Territory in the Field is set forth in Annex D. Within ninety (90) days after the Effective Date, AEON shall provide DAEWOONG with a non-binding twelve (12) month rolling forecast of its requirements of Product, which the Parties agree is not a commitment to buy any stated quantity. Thereafter, on at least a quarterly basis, AEON shall provide DAEWOONG with an updated twelve (12) month rolling forecast, together with a binding six (6) month forecast to the extent AEON has requested Safety Stock as described in Article 4.10 below. Each such forecast shah be referred to herein as a “Forecast.” 4.3 AEON may from time to time submit Purchase Orders to DAEWOONG for Product in accordance with the forecasting requirements in Article 4.2. Orders will be shipped on CIF Los Angeles port. 4.4 Once a Purchase Order for Product and Product Samples has been received by DAEWOONG, it shall be considered as irrevocable. 4.5 AEON agrees herein to place an Order for Product not later than [***] from receipt of Regulatory Approval. 4.6 Individual Purchase Orders of Product shall be placed at least [***] in advance of the required delivery date. 4.7 For the purpose of Commercialization, AEON will store and maintain the full quantity of Product in a clean, secured area in accordance with the reasonable directions and specifications provided by DAEWOONG in writing in connection thereof in the Territory. AEON will advise DAEWOONG on the applicable requirements specifically deriving from the laws and regulations in the Territory. 4.8 AEON agrees that DAEWOONG and its collaborators and agents, in DAEWOONG’s sole discretion, which collaborators and Agents will be subject to appropriate obligations of confidentiality, will have the right upon reasonable prior notice, to observe and to inspect and to audit AEON’s facility to ascertain compliance by AEON with the terms of this Agreement, including without limitation (a) the holding facilities for Product, and (b) AEON’s compliance with applicable law, including cGMP (if applicable). Following any such audit, DAEWOONG will discuss its observations and conclusions with AEON and corrective actions, if any, will be agreed upon by the Parties, and executed by AEON using Commercially Reasonable Efforts. 4.9 In addition to any other rights and remedies available to AEON, AEON shall have the right to recover lost profits in the event that DAEWOONG fails to deliver at least [***] in any [***] (a “Supply Default Event”). For purposes of this provision, lost profits would be equal to [***] of AEON operating profit (sales less direct expenses and the puce paid by AEON for such Products) on Products that have not been shipped against firm Purchase Orders during the period leading up to the Supply Default Event and bona fide Purchase Orders submitted by AEON that are consistent with the Forecast during the Supply Default Period (as defined below). Such payment shall be made with respect to all Product not shipped in the period giving rise to the Supply Default and for the period until DAEWOONG is again timely shipping Product to meet AEON’s needs (the “Supply Default Period”). The first such payment shall be made within [***] of the Supply Default Event, and every [***] thereafter. AEON agrees to permit full disclosure to DAEWOONG of AEON’s accounting records, solely related to the calculation of lost profits, for the [***] ending on the first day of the month in which the Supply Event Default occurred. In the event that DAEWOONG is unable to supply both AEON’s requirements of Product and its own and third parties’ requirements for Product, DAEWOONG shall allocate Product that DAEWOONG has in inventory and that DAEWOONG is able to Product, so that AEON receives its requirements of Product in priority to DAEWOONG and third parties. 4.10 At the request of AEON, DAEWOONG shall at its own cost and expense during the Term, maintain an amount of inventory of Product equal to AEON’s requirements for Product for [***] based on AEON’s most recent forecast (“Safety Stock”). The Safety Stock shall be (i) maintained for the sole benefit of AEON and its Affiliates, (ii) shall be stored at a secure facility in compliance with GMP, and (iii) shall not be used for the benefit of any other customer of DAEWOONG. DAEWOONG shall rotate the Safety Stock on a “First Expiry-First Out” basis for routine fulfillment of firm orders, subject to Article 7.

  • Supply of Products ‌‌ 3.1 The Supplier warrants that the Products shall: (a) correspond with their description and any applicable Product Specification; (b) conform in all respects with the Order and any relevant sample; (c) be of satisfactory quality and fit for any purpose held out by the Supplier or made known to the Supplier by Ornua, expressly or by implication, and in this respect Ornua relies on the Supplier's skill and judgement; (d) be manufactured by properly trained and qualified personnel using all reasonable skill, care and diligence and in a good and workmanlike manner;‌ (e) where they are manufactured products, be free from defects in design, materials and workmanship and remain so for the period set out in the Product Specification or, if none is specified, for at least 12 months after delivery; (f) comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery of the Products;‌ (g) comply with all relevant standards including any UK Standards, European Standards or International Standards applicable in the UK and the country or State where the Products are to be used; and (h) in the case of Products containing food stuffs, when delivered to Ornua, comply with all applicable food and hygiene legislation and regulations and best industry practice.‌ 3.2 The Supplier shall ensure that at all times it has and maintains all licences, permissions, authorisations, consents and permits needed to carry out its obligations under the Contract in respect of the supply of Products. Breach of this Condition shall be deemed a material breach of the Contract. 3.3 Ornua may inspect and test the Products at any time before delivery. The Supplier shall remain fully responsible for the Products despite any such inspection or testing and any such inspection or testing shall not reduce or otherwise affect the Supplier's obligations under the Contract. 3.4 If following such inspection or testing Ornua considers that the Products do not comply or are unlikely to comply with the Supplier's undertakings at clause 3.1, Ornua shall inform the Supplier and the Supplier shall immediately take such remedial action as is necessary to ensure compliance.‌ 3.5 Ornua may conduct further inspections and tests after the Supplier has carried out its remedial actions.

  • Manufacture of Products All Products marketed through Grantor's Web ------------------------- Site shall be manufactured, packaged, prepared, and shipped in accordance with the specifications and requirements described on Exhibit A hereto as it may be modified from time to time. Quality control standards relating to the Product's weight, color, consistency, micro-biological content, labeling and packaging are also set forth on Exhibit A. In the event that Exhibit A is incomplete, Products shall be manufactured and shipped in accordance with industry standards.

  • Licensed Product The term “Licensed Product” shall mean any product (a) the manufacture, use, importation, sale or offer for sale of which would, in the absence of the license granted by this Agreement, infringe a Valid Claim of any of the Licensed Patent Rights, or (b) that is comprised of, utilizes or incorporates Licensed Biological Materials, or (c) that is discovered, developed or made using a Licensed Process.

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • XXXXXXS xxx xxxxxxx xxxxxo desire to modify the Pooling and Servicing Agreement as set forth in this Amendment;

  • Return of Products No Products or part shall be returned to Seller without an approved Return Goods Authorization (“RMA”) from Seller. Custom and special order Products are non-returnable. Returns are subject to a restocking fee.

  • Marking of Licensed Products To the extent commercially feasible and consistent with prevailing business practices, Company shall xxxx, and shall cause its Affiliates and Sublicensees to xxxx, all Licensed Products that are manufactured or sold under this Agreement with the number of each issued patent under the Patent Rights that applies to such Licensed Product.

  • Xxxxxx Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.

  • SHIPPING/RECEIPT OF PRODUCT a. Packaging Tangible Product shall be securely and properly packed for shipment, storage and stocking in appropriate, clearly labeled shipping containers and according to accepted commercial practice, without any extra charges for packing materials, cases or other types of containers. The container shall become and remain the property of the Authorized User unless otherwise specified in the Contract documents.

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