API That May Be Subject to a Nonconformity Sample Clauses

API That May Be Subject to a Nonconformity. Any batch or shipment of API that reasonably may be suspected to be subject to a Nonconformity shall be handled as follows: (i) Such API held in inventory at Equateq shall be placed on “Hold” and shall not be shipped to Amarin or its designee, unless directed otherwise by Amarin; (ii) Any such API shipped to Amarin or its designee and held in stock as API or Product by Amarin or its designee shall maintain a “hold” or “unpassed” status, and shall not be released into passed inventory of Amarin or its designee until the Parties have completed any investigations pursuant to Section 6.8 and Amarin has approved the disposition of the API in writing; and (iii) Payment for such API whether shipped or unshipped shall [***]. Upon learning of a Nonconformity, Amarin shall have the right to [***].
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API That May Be Subject to a Nonconformity. Any quantity, batch or shipment (or part thereof) of API that reasonably may be expected to be subject to a Nonconformity shall be handled as follows: (i) Such API held in inventory at Novasep shall be placed on “hold” and shall not be shipped to Inspire or its designee, unless directed otherwise by Inspire; (ii) Any such API shipped to Inspire or its designee and held in stock by Inspire or its designee shall maintain a “hold” or “unpassed” status, and shall not be released into passed inventory of Inspire or its designee until the Parties have completed any investigations pursuant to Section 5.8 and Inspire has approved the disposition of the API in writing; and (iii) Payment for such API whether shipped or unshipped shall not be due from Inspire until the Parties have completed any investigations pursuant to Section 5.8 and Inspire has approved the disposition of the API in writing. For clarity, Inspire shall not be required to pay for any quantity, batch or shipment (or part thereof) of API that is Nonconforming API. If a portion of a batch or shipment of API has or is subject to a Nonconformity, but it cannot reasonably be determined which portion of such batch or shipment has the Nonconformity, then the entire batch or shipment shall be deemed to constitute Nonconforming API. Upon learning of a Nonconformity or reasonably expected Nonconformity, Inspire may request that Novasep suspend production of the affected API at the Facility until the Parties mutually agree in writing that the cause of such Nonconformity or reasonably expected Nonconformity has been remedied or addressed. During the period from such request until such mutual agreement that such cause has been remedied or addressed, Inspire shall be relieved of all financial obligations associated with such affected API. If, despite Inspire’s request to suspend production of the affected API, Novasep elects to continue production thereof, then, notwithstanding anything to the contrary in this Agreement, Novasep also promptly shall reimburse Inspire for all costs and expenses of Inspire in connection with such continued production, including without limitation Inspire’s costs for providing any Inspire Materials utilized by Novasep.
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Related to API That May Be Subject to a Nonconformity

  • When Coverage May Be Chosen All employees must make their choice of employee medical and dental plans and choice of family coverage (if applicable) within thirty (30) calendar days of the date of initial employment in an insurance eligible position. The employee will automatically be enrolled in the basic life insurance coverage. Employees who become eligible for a full employer contribution must make their choice of employee or family medical and/or dental coverage within thirty (30) calendar days of becoming eligible. Employees who do not make an election within this period will have no coverage, and may not elect coverage until the next open enrollment period. An employee may change their medical or dental plan during the year if the employee changes to a new permanent residence or work location, and as a result of this change, the employee’s current plan is no longer available. When an employee receives notification of a work location change between the end of an open enrollment period and the beginning of the next insurance year, the employee may change their medical or dental plan within thirty (30) days of the date of the relocation under the same provisions accorded during the last open enrollment period. An employee or a retired employee, may also add dependent medical or dental coverage following the birth of a child or dependent grandchild, or following the adoption of a child without regard to the 30 day enrollment period. In addition, an employee or a retired employee may add family health or dental coverage within thirty (30) days of the following event: 1. If an employee or retiree becomes married, the employee or the retiree may add their spouse and any dependent children/grandchildren. 2. If the employee's spouse loses group medical or dental coverage, the employee may add their spouse and any dependent children/ grandchildren. 3. If the retiree’s spouse involuntarily loses group medical or dental coverage, the retiree may add their spouse and any dependent children/grandchildren.

  • When De Minimis Adjustment May Be Deferred No adjustment in the Exercise Price need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 shall be made to the nearest 1/100th of a share.

  • Company to Provide Copy of the Prospectus in Form That May be Downloaded from the Internet If requested by the Representatives, the Company shall cause to be prepared and delivered, at its expense, within one business day from the effective date of this Agreement, to the Representatives an “electronic Prospectus” to be used by the Underwriters in connection with the offering and sale of the Offered Shares. As used herein, the term “electronic Prospectus” means a form of Time of Sale Prospectus, and any amendment or supplement thereto, that meets each of the following conditions: (i) it shall be encoded in an electronic format, satisfactory to the Representatives, that may be transmitted electronically by the Representatives and the other Underwriters to offerees and purchasers of the Offered Shares; (ii) it shall disclose the same information as the paper Time of Sale Prospectus, except to the extent that graphic and image material cannot be disseminated electronically, in which case such graphic and image material shall be replaced in the electronic Prospectus with a fair and accurate narrative description or tabular representation of such material, as appropriate; and (iii) it shall be in or convertible into a paper format or an electronic format, satisfactory to the Representatives, that will allow investors to store and have continuously ready access to the Time of Sale Prospectus at any future time, without charge to investors (other than any fee charged for subscription to the Internet as a whole and for on-line time). The Company hereby confirms that it has included or will include in the Prospectus filed pursuant to ▇▇▇▇▇ or otherwise with the Commission and in the Registration Statement at the time it was declared effective an undertaking that, upon receipt of a request by an investor or his or her representative, the Company shall transmit or cause to be transmitted promptly, without charge, a paper copy of the Time of Sale Prospectus.

  • Payments May Be Paid Prior to Dissolution Nothing contained in this Article Ten or elsewhere in this Indenture shall prevent (i) the Company, except under the conditions described in Sections 10.02 and 10.03, from making payments at any time for the purpose of making payments of principal of and interest on the Notes, or from depositing with the Trustee any moneys for such payments, or (ii) in the absence of actual knowledge by the Trustee that a given payment would be prohibited by Section 10.02 or 10.03, the application by the Trustee of any moneys deposited with it for the purpose of making such payments of principal of, and interest on, the Notes to the Holders entitled thereto unless at least two Business Days prior to the date upon which such payment would otherwise become due and payable a Trust Officer shall have actually received the written notice provided for in the third sentence of Section 10.02(a) or in Section 10.07 (provided that, notwithstanding the foregoing, such application shall otherwise be subject to the provisions of the first sentence of Section 10.02(a), 10.02(b) and Section 10.03

  • When Adjustment May Be Deferred No adjustment in the Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 11 shall be made to the nearest cent or to the nearest 1/1,000th of a share, as the case may be.