CHANGES IN PRODUCTS Sample Clauses
CHANGES IN PRODUCTS. Prior to shipment, Seller may at any time make changes in Products. Seller may modify the Product(s) drawings and Specifications or substitute Products of later design. Seller agrees that such modifications or substitutions will not impact upon Form, Fit, or Function under normal and proper use of the ordered Product as provided in Seller's Specifications. With respect to changes, modifications, and substitutions that do impact the Form, Fit, or Function of the ordered Product, Seller shall notify Customer in writing thirty (30) days prior to the date the changes become effective. In the event the Customer objects to the change, Customer shall notify Seller within thirty (30) days from the date of notice. Upon receipt of notice, Seller shall not furnish modified Products to Customer on any orders in process with respect to which Customer has objected to the modifications made by Seller.
CHANGES IN PRODUCTS. 5 1.8 PRICES:..................................................................................... 5 1.9 INVOICES AND TERMS OF PAYMENT:.............................................................. 6 1.10 PURCHASE MONEY SECURITY INTEREST:........................................................... 7 1.11 TAXES:...................................................................................... 8 1.12 TRANSPORTATION AND PACKING:................................................................. 8 1.13
CHANGES IN PRODUCTS. The Franchisee understands that the Franchisor and its designated suppliers shall have the right, at any time and without notice, to add items to, or withdraw items from, the list of Factory Candy and related products; to add to or delete from the list of designated suppliers of Factory Candy and related products; to change the formulation of any particular Factory Candy or product; and to change the prices, discounts or terms of sale of any Factory Candy or product; provided, however, no such changes in prices, discounts or terms shall affect accepted orders pending with the Franchisor and its designated suppliers at the time of change. No such changes will give the Franchisee the right to recover damages against, or be reimbursed by, the Franchisor and its designated suppliers for any losses suffered by the Franchisee.
CHANGES IN PRODUCTS. 5.7.1. SSN represents and warrants that the Systems, ***, will comply with ***, and all applicable laws, regulations and governmental standards. SSN shall, subject to Customer’s reasonable approval (***) use commercially reasonable efforts to, as promptly as practicable, bring the Systems into compliance as mandated by such laws, regulations or standards (***). *** under Section 5.7 ***.
5.7.2. Subject to Section 5.7.4, the costs associated with Future Law Changes and Security Changes shall be allocated between the Parties as follows ***.
5.7.3. SSN shall, subject to Customer’s approval (and, where applicable, Customer’s agreement to bear its specified share of associated costs) use commercially reasonable efforts to, as promptly as practicable, ***.
5.7.4. If the changes in laws, regulations, or standards, or the security or integrity concerns giving rise to the Future Law Changes or Security Changes, as applicable, disproportionately affect SSN (or the Products) as compared to other businesses (or products or equipment) in the utilities or energy industries in the United States, ***.
5.7.5. In effecting any Future Law Changes or Security Changes, SSN shall ensure that the performance and functionality of the Products and the Systems are not compromised from what has been agreed upon in this Agreement. As long as functionality of the Products, Systems, or Integrated Meters is not impaired, SSN shall have sole discretion as to the remediation or remedy implemented to effect the change required hereunder.
CHANGES IN PRODUCTS. Vendor shall provide written notice promptly to Customer if Vendor plans to materially change the Products’ formula, specifications or the process in which the Products are manufactured. Preferably, such notice shall be provided by Vendor to Customer at least ninety (90) days’ prior to implementation of a change, with such notice stating the type of change to be made to the Products. Customer may terminate the term of this Agreement to be effective upon written notice to Vendor, if Customer is not satisfied, in Customer’s sole discretion, with the changes. Routine, incremental changes, modifications and upgrades to the Products shall not be considered a material change for purposes of this Section. Vendor acknowledges and agrees that any changes made to the Products’ formula, specifications or the process in which the Products are manufactured shall be in compliance with all applicable regulatory requirements and subject to all regulatory approvals (e.g., approval by the U.S. Food & Drug Administration (“FDA”) is applicable).
CHANGES IN PRODUCTS. 6 1.15 INFRINGEMENT:...................................................6 1.16
CHANGES IN PRODUCTS. Aruba may change the functionality or features of, or discontinue the manufacture, license or sale of any Products provided hereunder. Distributor understands and agrees that Aruba cannot and does not make any warranty in regards to advance notice of any such changes in Products.
CHANGES IN PRODUCTS. In the event COMPANY believes that further distribution of any Localized COMPANY Products in the Territory will expose COMPANY to liability, COMPANY may, without liability to DISTRIBUTOR, delete such COMPANY Product from the list of COMPANY products contained in Exhibit A. DISTRIBUTOR agrees to promptly refrain from any further distribution of the applicable Localized COMPANY Products following receipt of such notice. Additionally, COMPANY reserves the right to modify COMPANY Products during the term hereof in its sole discretion.
CHANGES IN PRODUCTS. SAC may, from time to time without giving prior notice, make design or other changes in any Products, or withdraw any Products from sale, and in so doing SAC shall not be obligated to Distributor or Distributor's customers to make any such change to any Products previously ordered or shipped. Distributor agrees to accept any such changed Products in full settlement of SAC's obligations under the order for such Products. In the event that a Product is withdrawn from sale, SAC shall not be obligated to fill such order.
CHANGES IN PRODUCTS. Prior to accepting any Purchase Orders, Seller may at any time make changes in the Products. Furthermore, with respect to Purchase Orders calling for shipment more than thirty (30) days outside of Seller's normal shipping interval for the Products, unless Customer has agreed that the Purchase Order is non-cancelable. Seller may modify the Product(s) drawings and Specifications or may substitute Products of later design, provided that Seller gives Customer prompt written notice of such modifications or substitutions and Customer has not within five (5) business days after receipt of such notice notified Seller of its intent to make the Purchase Order non-cancelable. Seller agrees that such modifications or substitutions of Products will not impact upon Form, Fit, or Function under normal and proper use of the ordered Product as provided in Seller's Specifications. With respect to all changes, modifications, and substitutions of Licensed Materials, and changes, modifications and substitutions of Products that do impact the Form, Fit, or Function of the ordered Product, Seller shall notify Customer in writing at least thirty (30) days prior to the date the changes become effective. For products provided through an OEM arrangement and Customer's purchase of such product through Seller is based upon that arrangement, Seller will notify Customer and discuss with Customer proposed changes that affect such purchases prior to making material changes in the product or the relationship with such OEM. In the event the Customer objects to any change, modification or substitution of Products and Licensed Materials, Customer shall notify Seller within thirty (30) days from the date of its notice from Seller. Upon receipt of notice, Seller shall not furnish changed, modified or substituted Products or Licensed Materials to Customer on any orders in process.