Purchase of Excess Inventory Sample Clauses

Purchase of Excess Inventory. At the end of every quarter, LumiraDx shall purchase Excess Inventory that has been Excess Inventory for at least [***], as identified by Flextronics in each quarterly report, at a price equal to [***].
Purchase of Excess Inventory. Customer shall purchase Excess Inventory that has been Excess Inventory for at least 3 months, as identified by Flex in each monthly report, at a price equal to (as applicable) the price from the Fee List for any finished Products, the cost for any partially completed Products, or Standard Cost plus MOC for any other Excess Inventory.
Purchase of Excess Inventory. OptiNose shall pay VTM for Excess Inventory, as identified by VTM in each monthly report, and not objected to by OptiNose or returned/cancelled by VTM, in each instance pursuant to the process set forth above in Section 3.09(a), at a price equal to (as applicable) the price from the price list set forth in Exhibit A for any finished DSAs, the proportionate amount of such price for any partially completed DSAs, or the listed price for individual components, in each instance such price to be the price in existence at the time such Excess Inventory was acquired, used or completed; provided that if any such completed DSAs, partially completed DSAs or other Excess Inventory are subsequently utilized by VTM for the manufacture and supply of DSAs under this Agreement, VTM shall provide OptiNose a credit for the amount previously paid by OptiNose for such completed DSA, partially completed DSA or other Excess Inventory pursuant to this Section 3.09(b); [***]. In connection with any payments made by OptiNose to VTM pursuant to this Section 3.09(b), at VTM’s discretion and OptiNose’s request (1) VTM shall safely store such Excess Inventory at the rate to be mutually agreed to by the parties, and/or (2) OptiNose can, [***], have some or all of such Excess Inventory stored by a third party for VTM’s potential future use.

Related to Purchase of Excess Inventory

  • As to Equipment and Inventory Grantor hereby agrees that it shall: (a) keep all the Equipment and Inventory (other than Inventory in transit and Inventory sold in the ordinary course of business) at the places therefor specified in Section 3.1.1 or, upon 30 days' prior written notice to Agent, at such other places in a jurisdiction where all representations and warranties set forth in Article III (including Section 3.1.6) shall be true and correct, and all action required pursuant to the first sentence of Section 4.1.7 shall have been taken with respect to the Equipment and Inventory; (b) with respect to any Equipment or Inventory in the possession or control of any Third Party or any of Grantor's agents, notify such Third Party or agent of Agent's security interest in such Equipment or Inventory and, upon Agent's request following the occurrence and during the continuance of an Event of Default, direct such Third Party or agent to hold all such Equipment or Inventory for Agent's account and subject to Agent's instructions; (c) cause the Equipment to be maintained and preserved in the same condition, repair and working order as when new, ordinary wear and tear excepted, and in accordance with any manufacturer's manual; and forthwith, or in the case of any material loss or damage to any of the Equipment, as quickly as practicable after the occurrence thereof, make or cause to be made all repairs, replacements, and other improvements in connection therewith which are necessary or desirable to such end; and promptly furnish to Agent a statement respecting any loss or damage to any of the Equipment within ten (10) business days after Grantor obtains knowledge of any such loss or damage; and (d) pay promptly when due all property and other taxes, assessments and governmental charges or levies imposed upon, and all claims (including claims for labor, materials and supplies) against, the Equipment and Inventory, except to the extent the validity thereof is being contested in good faith by appropriate proceedings and for which adequate reserves in accordance with Generally Accepted Accounting Principles have been set aside.

  • Refund of Excess Cash If at any time the credit balance of Timber Sale Account exceeds the charges for timber that Forest Service estimates will be cut within the next 60 days, any portion of such excess that is due to cash in the account shall be refunded, if re- quested by Purchaser, unless deposited under B4.211,

  • Location of Equipment and Inventory All Equipment and Inventory are (i) located at the locations indicated on Schedule 4 (ii) in transit to such locations or (iii) in transit to a third party purchaser which will become obligated on a Receivable to the Debtor upon receipt. Except for Equipment and Inventory referred to in clauses (ii) and (iii) of the preceding sentence, the Debtor has exclusive possession and control of the Inventory and Equipment.

  • Merchantable Inventory All Inventory is in all material respects of good and marketable quality, free from all material defects, except for Inventory for which adequate reserves have been made.

  • Inventory To the extent Inventory held for sale or lease has been produced by any Borrower, it has been and will be produced by such Borrower in accordance with the Federal Fair Labor Standards Act of 1938, as amended, and all rules, regulations and orders thereunder.