Disposition of Products Sample Clauses
Disposition of Products. (a) Except as provided in Section 10.1(d), each Member shall be sold and take in kind its share of all Products. Each Member may thereafter separately dispose of the Products it has purchased from the Company. Each Member shall bear directly all costs and expenses incurred in connection with such separate disposition. AMENDED AND RESTATED LLC AGREEMENT OF EUREKA MOLY, LLC – Page 40
(b) On or before the date that is sixty (60) days prior to the anticipated date of Commercial Production and not later than sixty (60) days prior to the beginning of each calendar year thereafter, the Manager shall deliver to the Management Committee an estimate of the quantity and timing of production of Products for such calendar year or other period, provided, that such estimate shall not be binding on the Manager. Within thirty (30) days after receipt of such estimate, the Representatives of each Member shall deliver to the Manager its nomination, based on the Manager’s estimate, of the types (i.e. powder, briquette or ferromoly) and relative amount of each such type requested to be sold to such Member in kind based on its Percentage Interest. The Representatives shall thereafter work together in good faith to agree upon an annual forecast (the “Annual Forecast”) of monthly scheduled sales of Products to the Members during the relevant period based on the foregoing estimate and nominations. To the extent of actual production, the Manager shall thereafter sell or distribute to each Member, or sell on behalf of the Company, such Member’s share (based upon the Member’s Percentage Interest) of Products, as directed and in the types and amounts specified by the Member, to the extent practicable in accordance with the Annual Forecast, except to the extent such sales of such amounts and types create an unreasonable burden on the Company or any other Member. The Manager shall give the Members notice at least ten (10) days in advance of the delivery date upon which their respective shares of Products will be available for sale. The Products shall be sold to the Members at the price determined quarterly by the entire Management Committee; provided that the price shall be a representative market price taking into consideration the competitive market conditions, along with normal volume discounts, commissions, and transportation differentials; and provided, further, that the price shall not be higher than the price received by Nevada Moly or any of its Affiliates for external spot sales...
Disposition of Products. Upon termination of this Agreement by Licensee or Foundation, pursuant to Section 10.1, 10.2, or 10.3, Licensee will provide Foundation with a written inventory of all Products in process of manufacture, in use, or in stock. Licensee may dispose of any such Products within the ninety (90) day period following such termination, provided, however, that Licensee will pay Royalties and render reports to Foundation thereon in the manner specified herein. Upon the natural expiration of this Agreement, Licensee will provide Foundation with a written inventory of all Products in process of manufacture, in use, or in stock (“Stock Products”). Licensee may [***]
Disposition of Products. CONSIGNMENT
a. Principal agrees to send out “samples” and other items it deems necessary to gain the new business.
b. The Agent will not be billed for any samples.
Disposition of Products. Upon termination of this Agreement or a portion of the license, ProCyte (and its Affiliates and sublicensees) shall have the right to complete any work in progress and sell or otherwise dispose of any affected Product within the next twelve (12) months; provided, however, that royalties and reports shall continue to be due on any Net Sales of such Product in accordance with this Agreement.
Disposition of Products. ON HAND UPON TERMINATION
8.1 Upon termination of this Agreement by LICENSOR., LICEN- SEE shall provide LICENSOR with a written inventory of all PRODUCTS in process of manufacture, in use or in stock and shall have the privilege of disposing of such PRODUCTS, but not more, within a period of Ninety (90) Days, provided, however, that LICENSEE shall pay royalties thereon and shall render reports thereon in the manner herein provided.
Disposition of Products. Upon termination of this Agreement or any rights and licenses granted hereunder solely as provided in Section 15.2 the Party having its rights and licenses terminated shall have a period of sixty (60) days from the date of termination to sell, transfer or dispose of any previously manufactured licensed products held in its inventory as of the date of such termination; provided, however, that such sale or other disposition shall be subject to making the royalty payments provided for in Articles 5 and 6 as applicable thereto.
Disposition of Products. With respect to the processing or other beneficiation of Products prior to their shipment to a smelter or refinery, the Members hereby agree that the Company, at the Manager’s discretion, may enter into a toll milling agreement with FGMI. A framework for the form of the Toll Milling Agreement is attached hereto as Exhibit F. The Members further agree that the Manager may negotiate the final terms and conditions of the Toll Milling Agreement and enter into and deliver the Toll Milling Agreement without any further approval from the Management Committee, and that in negotiating the final form of Toll Milling Agreement with FGMI, the Manager may agree to such changes to the form as the Manager may deem reasonably necessary, after consultation with the other Member; provided, however, that the Manager may not agree to a profit margin payable to FGMI by the Company pursuant to Exhibit G of the Toll Milling Agreement in excess of 20% or any term (other than the nature and components of the costs charged by FGMI) that materially increases the allocation of liabilities to the Company pursuant to the Toll Milling Agreement without the unanimous approval of the Management Committee.
Disposition of Products. Paragraphs 14.6 and 14.7 Patent Prosecution and Maintenance · Article 16 Limited Warranty · Article 17 Limitation on Liability · Article 18 Indemnification · Article 19 Confidentiality · Article 20 Notices
Disposition of Products. (a) In administering the naval petroleum re- serves under this chapter, the Secretary shall use, store, or sell the petroleum produced from the naval petroleum reserves and lands covered by joint, unit, or other cooperative plans.
(1) Subject to paragraph (2) and notwith- standing any other provision of law, each sale of the United States share of petroleum shall be made by the Secretary at public sale to the highest qualified bidder, at such time, in such amounts, and after such advertising as the Sec- retary considers proper and without regard to Federal, State, or local regulations controlling sales or allocation of petroleum products. Each sale of the United States share of petroleum shall be for periods of not more than one year, except that a sale of natural gas may be made for a period of more than one year.
(2) The Secretary may not sell any part of the United States share of petroleum produced from Naval Petroleum Reserves Numbered 2 and 3 at a price less than the current sales price, as esti- mated by the Secretary, of comparable ▇▇▇▇▇- ▇▇▇▇ in the same area.
(3) For purposes of paragraph (2), the term ‘‘petroleum’’ does not include natural gas liq- uids.
(c) In no event shall the Secretary permit the award of any contract which would result in any person obtaining control, directly or indirectly, over more than 20 percent of the estimated an- nual United States share of petroleum produced from Naval Petroleum Reserve Numbered 1.
(d) Each proposal for sale under this title shall provide that the terms of every sale of the United States share of petroleum from the naval petroleum reserves shall be so structured as to give full and equal opportunity for the acquisi- tion of petroleum by all interested persons, in- cluding major and independent oil producers and refiners alike. When the Secretary, in consulta- tion with the Secretary of the Interior, deter- mines that the public interests will be served by the sale of petroleum to small refiners not hav- ing their own adequate sources of supply of pe- troleum, the Secretary is authorized and di- rected to set aside a portion of the United States share of petroleum produced for sale to such refiners under the provisions of this section for processing or use in such refineries, except that—
(1) none of the production sold to small re- finers may be resold in kind;
(2) production must be sold at a cost of not less than the prevailing local market price of comparable petroleum;
(3) the set-aside portion...
Disposition of Products