QUANTITY OF PRODUCTS Clause Samples

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QUANTITY OF PRODUCTS. 5.1. The Seller shall measure the volume of Products delivered in accordance with the Government's approved weights and measures in force from time to time and the Parties shall accept such measurements as conclusive of the volumes, and/or quantities supplied. 5.2. The Buyer shall be entitled to attend and witness the measuring of the Products delivered, provided that, if the Buyer does not attend and witness such measurement, it shall be deemed to have attended and witnessed the same and shall not be entitled to raise any objection to its results.
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QUANTITY OF PRODUCTS. The quantity of each Product shown in the Proposal is indicative, based on estimated required quantities at the time of the Proposal. The actual quantity of each Product invoiced each month will be based on the number of Products being In general, charges will not be calculated pro-rata, unless at VISITS’ discretion, the change in quantity justifies such a calculation. This means that in months where you increase the number of services, you may receive free use of these additional services for the remainder of the billing period, and vice-versa for reductions in the number of services. VISITS may vary the quoted prices by providing written notification with at least one months’ notice. VISITS Managed Products may combine a range of product and service offerings (such as software, cloud services and infrastructure services) from other parties, combined with products and services produced and supplied by VISITS. Product Changes Given the pace of technological & industry change, we constantly review our Products to ensure they continue to deliver an excellent outcome for our clients. As such, we may make changes to our Products from time to time, and we will notify you if any of these changes have a material impact on the Product being provided. Product Guarantee We strive to deliver high quality products. However, no hardware, software or service is perfect and Product outages or failures may occur from time to time. Each Product is covered by a VISITS Guarantee which stipulates Product Availability targets for each product in any month. Where the Product fails to meet the specified Product Availability in a specified month, a percentage of the monthly fee paid for that Product in that month will be refunded to the Customer. The Product Availability targets, definition of Availability and percentage refund are specific to each product, and listed in the relevant Product sections below. Calculation of Product Availability Product Availability is the percentage of time during a month where the Product is Available to the Customer. It is calculated as follows:
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QUANTITY OF PRODUCTS. Inspection and Rejection; Replacement ----------------------------------------------------------- Products. Without prejudice to AMD Holding's obligation to make payment for -------- Products Shipped pursuant to Section 3.10: (a) AMD Saxonia shall use all reasonable efforts to ensure that each Product Shipped meets the Specifications for that Product. In order to assist AMD Saxonia in such efforts and for the purpose of assuring to AMD Holding the quality of the Products required under this Agreement, AMD Saxonia shall permit the duly authorized representatives of AMD Holding and/or AMD Inc., at any time during normal working hours and on reasonable notice, to inspect any premises of AMD Saxonia, and shall use all reasonable efforts to permit such representatives, at such time and on such notice, to inspect any premises of any third party where any of the Products, or any labeling or packaging for them, are manufactured or stored by or for AMD Saxonia. (b) AMD Holding shall promptly notify AMD Saxonia in writing should the quality of the Products Shipped vary materially from the typical quality of the four previous shipments or, in the case of the first four shipments, from the quality of the previous shipments. In such event, AMD Saxonia shall use its reasonable commercial efforts to restore the quality of the Products delivered hereunder to again meet such typical quality as soon as reasonably possible.
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QUANTITY OF PRODUCTS. During each of the four consecutive 12-month periods beginning October 1, 1998 and ending September 30, 2002, Horizon shall purchase and IFM shall deliver Products pursuant to the production schedule in respect of such year as described in Exhibit A. Horizon shall order and purchase from IFM, and IFM shall manufacture and deliver, an amount (the "Minimum Annual Sale Amount") of Products such that the annual sales of Products to Horizon herewith shall equal at least $6,000,000 during each 12-month period under this Agreement, provided that such Minimum Annual Sale Amount shall be reduced by the Lost Sales Amount (as defined below) of any Product (a "Lost Product") which (i) IFM is unable to deliver as a result of a failure by IFM to comply with the Laws of the FDA
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QUANTITY OF PRODUCTS. 6.5.1 Supplier undertakes to use its reasonable endeavours to meet all orders for the Products requested by Distributor, in accordance with Supplier’s terms of delivery. 6.5.2 Supplier may exclude one (1) or more of the Products from this Agreement in the event that Product production has been permanently discontinued for any reason. 6.5.3 Supplier may make changes to the specifications of the Products, provided the changes do not adversely affect the quality of the Products.
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QUANTITY OF PRODUCTS. Sublicensor makes no representation or warranty regarding the ability of Channoine, or any third party hereto to provide the Products to Sublicensee for distribution in a quantity sufficient to meet the requirements of Sublicensee, or at all.
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QUANTITY OF PRODUCTS. During each of the four consecutive 12-month periods beginning October 1, 1998 and ending September 30, 2002, Horizon shall purchase and IFM shall deliver Products pursuant to the production schedule in respect of such year as described in Exhibit A. Horizon shall order and purchase from IFM, and IFM shall manufacture and deliver, an amount (the "Minimum Annual Sale Amount") of Products such that the annual sales of Products to Horizon herewith shall equal at least $6,000,000 during each 12-month period under this Agreement, provided that such Minimum Annual Sale Amount shall be reduced by the Lost Sales Amount (as defined below) of any Product (a "Lost Product") which (i) IFM is unable to deliver as a result of a failure by IFM to comply with the Laws of the FDA or the Authorities applicable to IFM in connection with its services under this Agreement, or (ii) Horizon is prevented from selling as a result of interference or infringement actions or other judicial or adversary proceedings concerning the Intellectual Property transferred to Horizon under the Asset Purchase Agreement. "Lost Sales Amount" means the average weekly sales of a Lost Product for the prior quarter multiplied by the number of weeks during which IFM is unable to deliver or during which Horizon is prevent from selling.
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Related to QUANTITY OF PRODUCTS

  • Supply of Products ‌‌ 3.1 The Supplier warrants that the Products shall: (a) correspond with their description and any applicable Product Specification; (b) conform in all respects with the Order and any relevant sample; (c) be of satisfactory quality and fit for any purpose held out by the Supplier or made known to the Supplier by Ornua, expressly or by implication, and in this respect Ornua relies on the Supplier's skill and judgement; (d) be manufactured by properly trained and qualified personnel using all reasonable skill, care and diligence and in a good and workmanlike manner;‌ (e) where they are manufactured products, be free from defects in design, materials and workmanship and remain so for the period set out in the Product Specification or, if none is specified, for at least 12 months after delivery; (f) comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery of the Products;‌ (g) comply with all relevant standards including any UK Standards, European Standards or International Standards applicable in the UK and the country or State where the Products are to be used; and (h) in the case of Products containing food stuffs, when delivered to Ornua, comply with all applicable food and hygiene legislation and regulations and best industry practice.‌ 3.2 The Supplier shall ensure that at all times it has and maintains all licences, permissions, authorisations, consents and permits needed to carry out its obligations under the Contract in respect of the supply of Products. Breach of this Condition shall be deemed a material breach of the Contract. 3.3 Ornua may inspect and test the Products at any time before delivery. The Supplier shall remain fully responsible for the Products despite any such inspection or testing and any such inspection or testing shall not reduce or otherwise affect the Supplier's obligations under the Contract. 3.4 If following such inspection or testing Ornua considers that the Products do not comply or are unlikely to comply with the Supplier's undertakings at clause 3.1, Ornua shall inform the Supplier and the Supplier shall immediately take such remedial action as is necessary to ensure compliance.‌ 3.5 Ornua may conduct further inspections and tests after the Supplier has carried out its remedial actions.

  • Supply of Product Salix shall use reasonable efforts to supply the Product during the Co-Promotion Period in sufficient quantities to satisfy the levels of Product sales forecasted in the then current Marketing Plan. Salix shall maintain reasonable inventory levels of the Product in order to ensure their ability to fulfill this obligation. Salix shall have the sole responsibility and right to fill orders with respect to the Product. Altana shall not solicit orders for the Product but, if for any reason, Altana shall receive an order for the Product, Altana shall promptly forward to Salix any such orders. All orders for Product shall be subject to acceptance by Salix, in its sole discretion, which acceptance shall not be unreasonably withheld. Salix may cancel any order for Product at any time after acceptance without incurring any liability to Altana. Salix shall be solely responsible for responding to requests from Target Physicians for individual patients who need the Product but are unable to afford it. Any such request shall be forwarded by Altana to Salix for processing. Salix shall have the sole right and responsibility for establishing and modifying the terms and conditions of the sale of the Product, including (a) the price at which the Product will be sold, (b) whether the Product will be subject to trade or quantity discounts, (c) whether any discount will be provided for payments on accounts receivable, (d) whether the Product will be subject to rebates, returns and allowances or retroactive price reductions, (e) the channels of distribution of the Product, and (f) whether credit [*] Confidential treatment requested; certain information omitted and filed separately with the SEC. is to be granted or refused in connection with any sale of Product. In the event that Salix fails to supply the Product as required pursuant to this Agreement for any reason other than a Force Majeure, which such failure results in lost sales for Altana, the Parties shall meet and attempt to negotiate a mutually agreeable and commercially reasonable solution. If the Parties cannot reach such an agreement within a reasonable period of time, the issue will be dealt with as contemplated under Section 4.4 of this Agreement.

  • Conformity of production 8.1. Procedures concerning conformity of production shall comply with those set out in the 1958 Agreement, Schedule 1 (E/ECE/TRANS/505/Rev.3) and meet the following requirements: 8.2. A vehicle approved pursuant to this Regulation shall be so manufactured as to conform to the type approved by meeting the requirements of paragraph 5. above; 8.3. The Type Approval Authority which has granted approval may at any time verify the conformity of control methods applicable to each production unit. The normal frequency of such inspections shall be once every two years.

  • Manufacture of Products All Products marketed through Grantor's Web ------------------------- Site shall be manufactured, packaged, prepared, and shipped in accordance with the specifications and requirements described on Exhibit A hereto as it may be modified from time to time. Quality control standards relating to the Product's weight, color, consistency, micro-biological content, labeling and packaging are also set forth on Exhibit A. In the event that Exhibit A is incomplete, Products shall be manufactured and shipped in accordance with industry standards.

  • Products Products available under this Contract are limited to Software, including Software as a Service, products and related products as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.B above. Vendor may not add a manufacturer’s product line which was not included in the Vendor’s response to the solicitation described in Section 1.B above.