Change to the Products Clause Samples

Change to the Products. The Seller shall not make changes to the form, appearance or function of the Products or changes to the processes, bills of materials, design, tools, or locations used to manufacture, assemble, or package the Products without LGIT’s prior written approval. LGIT may request additional time to complete qualification of a proposed change, and the Seller must allow for this contingency in its change implementation timing. The Seller will provide LGIT a minimum of Four (4) months prior written notice of any intent to change: (i) the design, content, form, fit, or function of any Product; (ii) the location of manufacture, assembly, or packaging of the Product; or (iii) the part number(s) of any Product. Backward compatibility * [***]: 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. to the Product as it existed immediately prior to the proposed change is required unless agreed otherwise. LGIT will respond to each Product Change Notice (“PCN”) within ninety (90) days after Seller’s delivery to LGIT of Seller’s notice of intent to change the Product. If LGIT provides written acceptance, the Seller may make the requested change(s) and begin to ship modified Products once they have been qualified. If LGIT rejects the change(s) or does not provide written acceptance within ninety (90) days of delivery of the notice, Seller may not make the change. If Seller does not follow the product change process set forth in this Section 3.2, then such failure will constitute a material breach of this Agreement.
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Change to the Products. Perfect Galaxy shall not make any changes to the Products or changes to the processes, Production BOM, materials, Production Design, tools, or locations used to manufacture, assemble, or package the Products without Satcon’s prior written approval in the form of an Engineering Change Order. Perfect Galaxy shall provide Satcon with prior written notice of any intent to make any change covered by this Paragraph and request Satcon’s approval. Perfect Galaxy shall provide Satcon with a minimum of one (1) month notice prior to any intended change to: (i) the Production Engineering, content, form, fit, or function of any Products; or (ii) the location of manufacture, assembly, or packaging of the Products. Any deviation from the Production Design, including, without limitation, product design schematics, Specifications and Production BOM shall be tracked and approved prior to shipment through Satcon’s deviation approval process. Satcon may request changes to the Products by issuing an Engineering Change Order to Perfect Galaxy from time to time. Prior to Satcon’s approval of an Engineering Change Order, Satcon will notify Perfect Galaxy in writing of the contemplated Engineering Change Order, and Perfect Galaxy will notify Satcon in writing of the amount and cost of inventory which will be rendered excess and obsolete by the Engineering Change Order. Subject to this Paragraph 3.2.3, Perfect Galaxy shall immediately implement the changes and all applicable Purchase Orders will be deemed amended to incorporate the changes. Upon receipt of an Engineering Change Order from Satcon, Perfect Galaxy shall acknowledge such receipt within two (2) Business Days and, within five (5) Business Days, shall provide a written report detailing Perfect Galaxy’s responsive action to such Engineering Change Order including, without limitation, Perfect Galaxy’s proposed implementation plan, and any pricing or scheduling impact on outstanding Purchase Orders or Forecasts. Perfect Galaxy agrees to make commercially reasonable efforts to comply with Satcon’s requested changes. If the changes result in a significant change to Perfect Galaxy’s cost or in the time for performance or exposes Perfect Galaxy to the risk a third party will assert a violation of its intellectual property rights, however, Perfect Galaxy shall advise Satcon in writing with details of the change to the cost or time or the risk of adverse claims by a third party, and Perfect Galaxy shall not implement the changes u...
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Change to the Products. Dealer acknowledges that the Products are manufactured by suppliers of Yamaha; consequently, the Products available to Yamaha may be periodically changed as to design, models, orfeatures or some or all of the Products maybe discontinued all without accountability to Dealer in connection with any Products ordered by Dealer or Dealer's inventoryof the Products. Yamaha will use reasonable efforts to provide advance notice of any such change.
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Change to the Products. ExcelStor shall not make any changes to the Products or changes to the processes, Production BOM, materials, Production Design, tools, or locations used to manufacture, assemble, or package the Products without Satcon’s prior written approval, which shall not be unreasonably withheld. ExcelStor shall provide Satcon with prior written notice of any intent to make any change covered by this Paragraph and request Satcon’s approval. ExcelStor shall provide Satcon with a minimum of three (3) months notice prior to any intended change to: (i) the Production Design, content, form, fit, or function of any Products; or (ii) the location of manufacture, assembly, or packaging of the Products. Satcon may request changes to the Products by issuing an Engineering Change Order to ExcelStor from time to time. Subject to the last sentence of this Section 3.2.3, ExcelStor shall immediately implement the changes and all applicable Purchase Orders will be deemed amended to incorporate the changes. ExcelStor agrees to make commercially reasonable efforts to comply with Satcon’s requested changes. If the changes result in a significant change to ExcelStor’s cost or in the time for performance or exposes ExcelStor to the risk a third party will assert a violation of its intellectual property rights, however, ExcelStor shall advise Satcon in writing with details of the change to the cost or time or the risk of adverse claims by a third party, and ExcelStor shall not implement the changes until Satcon gives ExcelStor written authorization to do so and provides adequate compensation.
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Related to Change to the Products

  • Defective Products (a) In the event that Nycomed determines that any shipment of Product, at the time of delivery, (i) does not conform to the Product Specifications, (ii) contains misprinted or non-conforming labelling or packaging, or (iii) has been damaged in transit (collectively, "Defective Products"), then Nycomed shall give Anthra notice thereof (including a sample from such shipment) within fifteen days after receipt thereof, if such defects may be ascertained by the exercise of reasonable diligence (which shall include laboratory testing or other chemical analysis as necessary) upon receipt thereof, and otherwise within fifteen days after discovery thereof. If Anthra confirms such defect, it shall promptly so notify Nycomed. If Anthra does not confirm such defect, it shall promptly so notify Nycomed, and the parties shall submit the disputed shipment for testing to an independent testing laboratory that is mutually acceptable to the parties. The findings of the testing laboratory shall be *** CONFIDENTIAL TREATMENT REQUESTED. 18 binding on the parties. The expenses of such testing shall be borne by Anthra if the testing confirms the defect, and otherwise by Nycomed. (b) If any shipment contains Defective Product, for any reason other than the willful or negligent acts or omissions of Nycomed or its customers or agents, Anthra shall credit Nycomed with the costs incurred by Nycomed with respect to all such Defective Product that has not been sold (or has been sold and returned), which costs shall be deemed equal to the sum of any amounts paid on account of such Defective Product pursuant to Section 3.7 and any and all transportation and storage charges incurred by Nycomed in connection with such Defective Product. In addition, at Nycomed's option, (i) Anthra shall be relieved of any obligation to deliver any Product in replacement of such Defective Product, or (ii) Anthra shall replace such Defective Product as soon as possible after Nycomed notifies Anthra of its election of option (ii) of this Section 3.4, in which case Nycomed shall pay to Anthra any unpaid amounts in respect of the replacement Product in accordance with Section 3.7 following delivery of the replacement Product.

  • Defective Product If Client rejects Products under Section 6.1 and the deviation is determined to have arisen from Patheon’s failure to provide the Manufacturing Services in accordance with the Specifications, cGMPs, or Applicable Laws, Patheon will credit Client’s account for Patheon’s invoice price for the defective Products. If Client previously paid for the defective Products, Patheon will promptly, at Client’s election, either: (i) refund the invoice price for the defective Products; (ii) offset the amount paid against other amounts due to Patheon hereunder; or (iii) replace the Products with conforming Products without Client being liable for payment therefor under Section 3.1, contingent upon the receipt from Client of all Active Materials and Client-Supplied Components required for the manufacture of the replacement Products. For greater certainty, Patheon’s responsibility for any loss of Active Materials in defective Product will be captured and calculated in the Active Materials Yield under Section 2.2.

  • Products Products available under this Contract are limited to Software, including Software as a Service, products and related products as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.B above. Vendor may not add a manufacturer’s product line which was not included in the Vendor’s response to the solicitation described in Section 1.B above.

  • Existing Products Except as set forth below, Contractor shall retain all rights, title and interest in Existing Products.

  • PRICE LISTS AND PRODUCT INFORMATION Contractors should provide an electronic version of the proposed price list in an Excel format or pdf on a jump drive. Also provide a dealer list, if applicable in an Excel format with "read and write" capabilities on the same jump drive. No costs or expenses associated with providing this information in the required format shall be charged to the State of Arkansas. At the time of contract renewal contractor will furnish OSP with an updated dealer list and published price list.