Examples of Source Product in a sentence
Thereafter, CMI, or its subsidiaries, may increase such prices, except that in no event shall (i) the Unit Price of any Source Product be less favorable than the unit price given to other customer for such Source Product in like quantities and (ii) any such increase in price increase the gross margin percentage of CMI or its subsidiaries with respect to such Source Product from its current gross margin percentage thereon.
CMI shall sell (or cause its subsidiaries to sell) each Source Product to L-3 at the unit price (the "Unit Price") listed for such Source Products on Schedule 4(a) attached hereto.
Notwithstanding the foregoing, Sublicensor and Sublicensee shall equally share all losses arising from Unknown Source Product Liability in the Sublicense Territory.
If Motorola exercises its right under Section 2.4 (End of Life License) to have any Sole Source Product or Sole Source Product Derivative manufactured for Motorola, Motorola shall provide Freescale with written notice of identity and location of the applicable foundry.
Notwithstanding the foregoing, nothing in this Section 2.3 (Alternate Source Product License) obligates Freescale to deliver to Motorola any CGISS Product Design Information already in Motorola’s possession as of the Effective Date with respect to any Alternate Source Product.
Notwithstanding anything to the contrary herein, (i) neither party shall be liable to the other party for any indirect, incidental or consequential damages arising out of any terms or conditions in this Agreement or with respect to the performance hereof; and (ii) Sublicensor’s obligation to indemnify Sublicensee for claims arising from the Inherent Nature of the Product pursuant to Section 14.2(iv) and Unknown Source Product Liability pursuant to Section 14.3 shall not exceed the aggregate sum of *****.
Upon fifteen (15) calendar day notice, HPG shall have the right to convert any Sole or Dual Source Product designation in this Agreement to a "Optional Source" designation, with no change in pricing from the Sole or Dual Source pricing, if Vendor fails to maintain at least a 95% fill rate for all Products for all Purchasers.
Beginning with the date of the first sale of a Cepheid Source Product in the ordinary course of business in any country by Cepheid or an Affiliate of Cepheid or sub-distributor of Cepheid or of a Cepheid Affiliate (the “First Commercial Sale”) under this license and for a period of twenty-four (24) months following the First Commercial Sale, Cepheid shall pay to IDI a minimum royalty of [***] per twelve (12) month period of commercialization.
Notwithstanding anything to the contrary herein, (i) neither party shall be liable to the other party for any indirect, incidental or consequential damages arising out of any terms or conditions in this Agreement or with respect to the performance hereof; and (ii) Sublicensor’s obligation to indemnify Sublicensee for claims arising from the Inherent Nature of the Product pursuant to Section 14.2(iv) and Unknown Source Product Liability pursuant to Section 14.3 shall not exceed the aggregate sum of ******.
Section 2.13(a)(i) of the Disclosure Schedule identifies each Company Product by name and version, indicating for each whether such Company Product is a Company Proprietary Product or a Company Open Source Product.