Failure to Meet the Quality Requirement Sample Clauses

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Failure to Meet the Quality Requirement. 7.3.1 If (i) the Supplier or any Supplier Affiliate fails to meet the quality requirements for Products as described in this Agreement (including but not limited to those set forth in Article 7.5 of this Agreement) or the Technical Specifications or (ii) any Product fails any recyclability tests described in the NaturALL Bio-PET Alliance Agreement, Pepsi shall notify the Supplier and/or the relevant Supplier Affiliate thereof as soon as reasonably practicable, but in any event, within [***] from the date on which Pepsi obtained knowledge of such failure. 7.3.2 Without limiting any of its rights hereunder, Pepsi shall take commercially reasonable measures to mitigate damages or other costs associated with any such failure. 7.3.3 In the event that the Supplier or any Supplier Affiliate obtains knowledge of any failure described in Article 7.3.1, the Supplier or such Supplier Affiliate shall promptly provide written notice thereof to Pepsi, and the following shall apply: 7.3.3.1 If the Product is Bio-PET from the Pioneer Plant (i) Supplier or Supplier Affiliate and Pepsi shall review and discuss in good faith the underlying circumstances and any possible remedy; and (ii) Supplier or Supplier Affiliate shall promptly commence such remediation in accordance with the provisions and schedule set forth in Article 19.3
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Failure to Meet the Quality Requirement. 5.2.1 If the Product delivered by Supplier fails to meet the quality requirements for Products as described in this Agreement, including but not limited to those set forth in Section 5.1 (the “Quality Requirement”), Buyer will notify the Supplier thereof as soon as reasonably practicable, but in any event, within [***] from the date on which Buyer obtained knowledge of such failure, which notification will provide reasonable specificity with regard to the defect. 5.2.2 Without limiting any of its rights hereunder, Buyer will take commercially reasonable measures to address costs associated with any such failure described in Section 5.2. 1. In the event that any materials delivered by Supplier fail to meet the applicable Quality Requirements for such Product, and Buyer cannot use such material as originally intended, then Supplier will be obligated to take the materials back at its own expense and Buyer will not be obligated to purchase such materials. 5.2.3 In the event that the Supplier or any Supplier Affiliate obtains knowledge that any material produced will fail to meet the applicable Quality Requirement, the Supplier or such Supplier Affiliate will promptly provide written notice thereof to Buyer, at which point Buyer will negotiate with Supplier in good faith based on the actual specifications of the material to determine a price at which the materials can be purchased, if any. 5.2.4 EXCEPT AS SET FORTH IN THIS AGREEMENT, NEITHER THE SUPPLIER NOR ANY SUPPLIER AFFILIATE MAKES ANY OTHER WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, EXPRESSED OR IMPLIED, WITH RESPECT TO PRODUCTS.
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Failure to Meet the Quality Requirement. 7.3.1 If the Supplier or any Supplier Affiliate fails to meet the quality requirements for Products as described in this Offtake Supply Agreement and/or the Technical Specifications, Technical Specifications Plastic Bottles and/or the LCA Requirements, or any Products fail any recyclability rests described in the Consortium Agreement, Danone or the Danone Affiliate concerned shall notify the Supplier and/or the relevant Supplier Affiliate as soon as reasonably practicable, but in any case, within [***] from the date on which the Products were found by Danone or a Danone Affiliate to be non-compliant. 7.3.2 Without limiting any of its rights hereunder, the applicable Danone Affiliate shall take commercially reasonable measures to mitigate damages or other costs associated with any such non-conforming Products. 7.3.3 In the event the Supplier and/or the Supplier Affiliates do not produce the Products in material compliance with Article 7.
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Failure to Meet the Quality Requirement. 7.3.1 If the Supplier or any Supplier Affiliate fails to meet any quality requirement for Products as described in this Offtake Supply Agreement and/or any of the Technical Specifications, the Nestlé Waters Affiliate concerned shall notify the Supplier and/ or the relevant Supplier Affiliate as soon as practicable, but in any case, within [***] from the date on which the Products were found to be non-compliant. 7.3.2 The Supplier shall, at the Supplier’s option, either (i) take back the non-compliant Products and replace them with Products fully compliant with the aforementioned specifications as soon as practicable; or (ii) reimburse Nestlé Waters or the relevant Nestlé Waters Affiliate for the price of the defective Products (or the defective part thereof), and, in both cases, reimburse Nestlé Waters or the relevant Nestlé Waters Affiliate for all reasonable costs associated with the non-compliance of the defective Products, without prejudice to any other damages, rights or remedies to which Nestlé Waters and/or Nestlé Waters Affiliates may be entitled. 7.3.3 Nestlé Waters shall take commercially reasonable measures to mitigate damages or other costs associated with any such non-compliance. 7.3.4 In the event the Supplier and/or the Supplier Affiliates are not able to produce the Products in material compliance with Article 7.3.1, the Supplier shall promptly provide written notice thereof to Nestlé Waters and the Parties shall review in good faith the situation and any possible remediation. If the Parties fail to reach an agreement on a possible remediation to the reasonable satisfaction of Nestlé Waters, Nestlé Waters shall be entitled to terminate this Offtake Supply Agreement in accordance with Article 20, without prejudice to any other damages, rights or remedies to which Nestlé Waters and/or Nestlé Waters Affiliates may be entitled.
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Related to Failure to Meet the Quality Requirement

  • Use; Quality Control a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

  • Image Quality You are responsible for the image quality of any Image that you transmit. If an Image that we receive from you or for deposit to your Account is not of sufficient quality to satisfy our image quality standards as we may establish them from time to time, we may reject the Image without prior notice to you. Each Image must include the front and back of the Item and the following information must be clearly readable: amount, payee name, drawer signature, date, check number, account number, routing and transit number, MICR (Magnetic Ink Character Recognition) line, and any endorsement or other information written on the check.

  • Service Quality The Transfer Agent shall maintain a quality control process designed to provide a consistent level of quality and timeliness for its call center, correspondence services and transaction processing.

  • Quality Assurance/Quality Control Contractor shall establish and maintain a quality assurance/quality control program which shall include procedures for continuous control of all construction and comprehensive inspection and testing of all items of Work, including any Work performed by Subcontractors, so as to ensure complete conformance to the Contract with respect to materials, workmanship, construction, finish, functional performance, and identification. The program established by Contractor shall comply with any quality assurance/quality control requirements incorporated in the Contract.

  • Quality Requirements Performance Indicator Heading Indicator (specific) Threshold Method of Measurement Frequency of monitoring Consequence of Breach