Excess Product definition

Excess Product means the Product associated with Excess Energy and Excess Off-Peak Energy.

Excess Product means the amount by which the total Product generated by all Renewable Energy Facilities under Tranche Amendment(s) entered into for Distributor over a specified period of time, less Product already retained pursuant to Section 5.2 for that same period of time, exceeds the cumulative electricity consumption of Distributor for the specified period of time by more than 10%; provided that if such amount is less than zero (0), then there shall be no Excess Product for such specified period of time.

Excess Product means Product that is not needed from time to time for SDI's (including its Affiliates') own internal consumption and which is made available for sale by IDI. If a Supply Facility owned or operated by Preussag under this Section 2.3(b) has excess capacity or if there is otherwise excess Product which is from time to time not needed for its own steelmaking operations, such excess Product may be sold to others, provided that in Preussag's case Preussag first provide Licensee with a commercially reasonable opportunity to purchase such excess Product from Preussag, at prices and on terms to be negotiated between the parties, or, at Preussag's election, to permit Licensee to sell such excess Product for Preussag's account on a commission basis. If IDI wishes to establish or to license its Affiliate to establish one or more Commercial Facilities within the Territory, IDI will first negotiate in good faith with Licensee to determine whether and, if so, the terms under which they may mutually agree to operate that Commercial Facility, directly or indirectly, as a joint venture or through some comparable ownership or operating structure; provided, however, that this agreement to negotiate in good faith shall not be deemed in any manner to require IDI to reach any final agreement or to come to any arrangement with Licensee that IDI, in the exercise of its unfettered discretion, does not seem to be in its best interest. Licensee will have the right to establish for itself and/or its Affiliates one or more Supply Facilities in the Territory without the payment to IDI of any royalties or fees. Should Licensee desire to establish for itself and/or its Affiliates and/or a sublicensee one or more Supply Facilities and/or Commercial Facilities in the Excluded Territory, IDI agrees to consider such a request for an individual Facility license on a case by case basis.

Examples of Excess Product in a sentence

• Any negative Net Sales that results from Excess Product Liability Costs may be carried forward to future quarters and offset against positive Net Sales in such future quarters for the same Fibrocell Product.

• Any negative Gross Profits for a given AquaBounty Product, including any that result from Excess Product Liability Costs, may be carried forward to future quarters and offset against positive Gross Profits in such future quarters for the same AquaBounty Product.

• By way of example, Variable Rent due on June 1 would be based on the Excess Product Volume Factor calculated for the preceding month of March.

• Any negative Product Profit that results from Excess Product Liability Costs, and Third Party Blocking IP Costs (as defined in Exhibit A) may be carried forward to future quarters and offset against positive Product Profit in such future quarters for the same ZIOPHARM Product.

• No payment shall be due hereunder for any amount invoiced for any Defective Product, Excess Product, Premature Product, or any Product not received at the delivery location by the delivery date specified on the Purchase Order (“Undelivered Product(s)”).

More Definitions of Excess Product

Excess Product means that amount of Product exceeding a Beet Producer’s Allocation.

Excess Product means a Product that, when counted together with all other same and similar Products received by Reseller under the same Purchase Order, is in excess of the quantities of the Products ordered under that Purchase Order.

Excess Product has the meaning set forth in Section 3.2.

Excess Product shall have the meaning set forth in Section 2.3.1.

Excess Product shall be as defined in Section 3.2.2.

Excess Product means the lesser of (a) the amount by which the total Product generated by all Renewable Energy Facilities under Tranche Amendment(s) entered into for the Facilities and all Affiliate Facilities over a specified period of time, less Product already retained pursuant to Section 5.2 and the analogous section(s) of all Affiliate Agreements for that same period of time, exceeds the cumulative electricity consumption at the Facilities and all Affiliate Facilities for the specified period of time by more than 10%; or (b) the amount by which the total Product generated by all Renewable Energy Facilities under Tranche Amendment(s) entered into for the Facilities over a specified period of time, less Product already retained pursuant to Section 5.2 for that same period of time, exceeds the cumulative electricity consumption at the Facilities for the specified period of time by more than 10%; provided that if such amount is less than zero (0), then there shall be no Excess Product for such specified period of time.

Excess Product means the amount of Products produced at the InterOil Refinery that are in excess of the domestic requirements for those Products in Papua New Guinea and also in excess of committed Term Contracts, and that are available for lifting for further Term Contracts and spot sales by Exporter or Marketer.