Disposable Products Sample Clauses

Disposable Products. Both parties agree that any required disposable products purchased for use with the leased equipment shall not include any pricing upcharges.

Disposable Products. Customer agrees to use only ▇▇▇▇▇▇▇’▇ disposable products with Equipment. ▇▇▇▇▇▇▇ can make no guarantee to the accuracy and validity of the parameters displayed by a Monitor when used with the disposables other than genuine ▇▇▇▇▇▇▇’▇ disposable products. Use of non- approved sensors will have the effect of immediately terminating this Agreement. If Customer uses any disposable products that are not genuine ▇▇▇▇▇▇▇ products in connection with ▇▇▇▇▇▇▇’▇ clinical platforms or ▇▇▇▇▇▇▇’▇ Equipment, then Customer will indemnify, defend and hold harmless ▇▇▇▇▇▇▇, its affiliates, shareholders, directors, officers, employees, successors, and assigns from and against all claims, liabilities, losses, damages, liabilities costs and expenses (including reasonable attorneys' fees and expenses and court costs) arising from or related to any actual or alleged death or bodily injury to any individual arising from or related to the use of such third party product.

Disposable Products. Both parties agree that any disposable products required for use in the evaluation of the Equipment, shall be provided at a mutually agreed upon price to be memorialized in writing by the parties during the Evaluation Period. Only quantities of disposables reasonable and necessary to complete the evaluation will be ordered.

Disposable Products. Philips warrants that at the time of shipment, Disposable Products will: (i) comply with the U.S. Federal Food, Drug and Cosmetic Act, if applicable; (ii) have been manufactured, packaged, and stored in compliance with applicable laws, governmental regulations and good manufacturing practices (“GMP”); (iii) be free from defects in material and workmanship when used by the stated “Use By” or “Expiration” date and when package is unopened and undamaged immediately before use. Customer’s sole remedy under this warranty is, at Philips’ option and expense, the replacement of the Disposable Product or credit of the purchase price. Philips’ obligation under this limited warranty is subject to Customer’s compliance with Philips’ then-current Return Material Authorization procedures. The foregoing warranty does not apply to Disposable Products that are or have been: (i) expired; (ii) repaired, altered, modified or reprocessed except by or under the authorization of Philips, (iii) not used or stored in accordance with the instructions for use supplied by Philips; or (iv) subjected to misuse, negligence or to an accident. EXCEPT FOR THE ABOVE LIMITED WARRANTY, PHILIPS MAKES NO, AND EXPRESSLY DISCLAIMS, ANY OTHER WARRANTY, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO ITS DISPOSABLE PRODUCTS, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. EXCEPT FOR THE ABOVE LIMITED WARRANTY, PHILIPS DOES NOT WARRANT THAT PHILIPS’ DISPOSABLE PRODUCTS WILL MEET CUSTOMER’S REQUIREMENTS. THIS LIMITED WARRANTY EXTENDS ONLY TO CUSTOMER.

Disposable Products. If this Quote includes disposable products, Bayer’s warranty shall be limited to repair or replacement of any defective disposable product upon receipt of the defective product and a

Disposable Products. 16.3 23.9 31.6 39.2 46.2 48.3 Remarketing................... 3.6 6.0 6.4 5.7 5.2 5.4 Reconditioning................ 2.2 2.1 1.5 1.3 1.2 1.1 Consulting.................... 3.3 2.9 3.3 3.8 4.2 4.6 Outsourcing................... 6.5 8.4 19.4 37.2 62.3 96.9 ------ ------ ------ ------ ------ ------ Total..................... $166.6 $192.5 $222.4 $259.1 $304.0 $356.5 Base Management Case Rental........................ $123.5 $133.0 $138.0 $143.7 $149.3 $152.9 Spectracair................... 11.2 12.1 18.3 20.9 24.3 28.6

Disposable Products. The Employer will look at an additional small washer and also revisit the use of disposable incontinence pads.

Disposable Products. 1. Customer agrees to use only ▇▇▇▇▇▇▇’ disposable products with the Equipment. ▇▇▇▇▇▇▇ cannot guarantee the accuracy or validity of the parameters displayed by the Equipment when used with the disposables other than genuine ▇▇▇▇▇▇▇’ disposable products. 2. Customer’s use of non-▇▇▇▇▇▇▇ disposable products voids all ▇▇▇▇▇▇▇’ warranties and shall immediately terminate this Service Agreement. 3. Customer indemnifies, defends and holds ▇▇▇▇▇▇▇ and its affiliates, and their respective shareholders, directors, officers, employees, successors, and assigns from and against all claims, liabilities, losses, damages, liabilities costs and expenses (including reasonable attorneys’ fees and expenses and court costs) arising from or related to any actual or alleged death or bodily injury arising from or related to Customer’s use of any disposable products that are not genuine ▇▇▇▇▇▇▇’ products in connection with ▇▇▇▇▇▇▇’ clinical platforms or the Equipment.

Disposable Products. 16.3 20.7 26.8 33.5 38.9 42.7 Remarketing................... 3.6 4.2 3.9 4.1 4.3 4.5 Reconditioning................ 2.2 1.3 1.0 0.8 0.6 0.5 Consulting.................... 3.3 2.6 2.8 3.1 3.4 3.8 Outsourcing................... 6.5 10.9 18.6 29.9 43.7 61.3 ------ ------ ------ ------ ------ ------ Total..................... $166.6 $184.8 $209.4 $235.9 $264.5 $294.3 Source: Company management projections Confidential Project SHOUT ------------------------------------------------------------------------------------------ Projected Operating Financial Overview (Dollars in Thousands) 1997 1998 1999 2000 2001 2002 -------- -------- -------- -------- -------- -------- Growth Management Case Revenues...................... $166,600 $192,500 $222,400 $259,100 $304,000 $356,500 Growth........................ -- 15.5% 15.5% 16.5% 17.3% 17.3% EBITDA........................ $ 64,650 $ 70,510 $ 78,430 $ 90,150 $104,160 $120,970 Margin........................ 38.8% 36.6% 35.3% 34.8% 34.3% 33.9% EBIT.......................... $ 34,291 $ 37,242 $ 46,300 $ 59,109 $ 72,558 $ 95,833 Margin........................ 20.6% 19.3% 20.8% 22.8% 23.9% 26.9% Base Management Case Revenues...................... $166,600 $184,789 $209,433 $235,929 $264,491 $294,297 Growth........................ -- 10.9% 13.3% 12.7% 12.1% 11.3% EBITDA........................ $ 64,650 $ 68,077 $ 74,420 $ 81,383 $ 87,879 $ 95,756 Margin........................ 38.8% 36.8% 35.5% 34.5% 33.2% 32.5% EBIT.......................... $ 34,291 $ 34,809 $ 42,290 $ 50,342 $ 56,277 $ 70,619 Margin........................ 20.6% 18.8% 20.2% 21.3% 21.3% 24.0% Source: Company management projections TAB 5 -------------------------------------------------------------------------------- VALUATION OF PREFERRED STOCK --------------------------------------------------------------------------------