Specified Products Sample Clauses

The 'Specified Products' clause defines exactly which goods, items, or services are covered under the agreement. It typically lists or describes the products in detail, such as by model number, specifications, or categories, ensuring both parties are clear on what is included. This clause is essential for preventing misunderstandings or disputes about the scope of the contract, as it clearly delineates the subject matter being bought, sold, or licensed.
Specified Products. USF will maintain an appropriate inventory of all Specified Products, including Proprietary Products (as defined below), under the following conditions: i. Customer purchases from USF a minimum of [***] cases per week or [***] turns per year, per Distribution Center. ii. A minimum of [***] days written notice is required for new products to be brought into USF inventory for distribution. iii. Customer will notify USF at least [***] days in advance of special promotions that may cause unusual or excessive demand on inventory. iv. If USF does not presently transact business with a supplier/packer designated by Customer, a complete Seller's Agreement from that supplier/packer is required before any product is brought into inventory. This process may take up to [***] days. The current insurance requirement under the Seller's Agreement of $[***] is intended to protect Customer and USF from costs associated with product defect and other third party acts or omissions. v. Customer's national contracts with manufacturers and manufacturer representatives will be honored by USF. As more specifically set forth in Section 4(f) below, under no circumstances will USF implement manufacturer deviated pricing without written confirmation from the specific manufacturer. If Customer has contracts with a given manufacturer for products not stocked by USF, Customer will give consideration to similar products stocked by USF, provided that the stocking manufacturer will equalize the pricing. Notwithstanding the foregoing, when the cost of products has been negotiated directly between Customer and vendors, such vendors may attempt to place specific performance parameters on USF. These may include, but are not limited to, payment terms, purchase quantity minimums, pick-up minimums and reporting requirements. As USF must manage its own negotiations with vendors to control inventories, warehouse and receiving efficiencies, USF will not accept, and shall in no event be required to accept, such conditions established by Customer specified vendors. USF retains exclusive responsibility for all in-bound logistics.
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Specified Products. USF will maintain an appropriate inventory of all Specified Products under the following conditions: i. The Units purchase from USF a minimum of five (5) cases per week per item, per distribution center or twelve (12) turns per year with the following exceptions: - TEN (10) SLOW-MOVING ITEMS (LESS THAN FIVE CASES PER WEEK) WILL BE PERMITTED AT NO ADDITIONAL CHARGE AT EACH DISTRIBUTION CENTER. - ANY ADDITIONAL SLOW-MOVING ITEMS (LESS THAN FIVE CASES PER WEEK) UP TO A MAXIMUM OF TEN ITEMS WILL BE ALLOWED TO REMAIN IN INVENTORY FOR AN ADDITIONAL $1.00 PER CASE FEE WHICH WILL BE ADDED TO THE DELIVERED COST OF THE PRODUCTS, INCLUDING THE AGREED UPON 10.5% MARGIN.
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Specified Products. Seller has not knowingly granted any Person a license under any of the Specified Products Seller has received no written claim of infringement of any intellectual property rights of any person arising out of Seller’s development, manufacture, use, sale, or offer for sale of the Specified Products. Seller has supplied to Purchaser true and correct copies of the 510k applications and approvals for certain Specified Products.
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Specified Products. USF will maintain an appropriate inventory of all Specified Products under the following conditions: i) Customer purchases from USF a minimum of five (5) cases per week per item, per warehouse or twelve
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Related to Specified Products

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Combination Products If a LICENSED PRODUCT is sold to any third party in combination with other products, devices, components or materials that are capable of being sold separately and are not subject to royalties hereunder (“OTHER PRODUCTS,” with the combination of products being referred to as “COMBINATION PRODUCTS” and the Other Product and Licensed Product in such Combination Product being referred to as the “COMPONENTS”), the NET SALES of such LICENSED PRODUCT included in such COMBINATION PRODUCT shall be calculated by multiplying the NET SALES of the COMBINATION PRODUCT by the fraction A/(A+B), where A is the average NET SALES price of such LICENSED PRODUCT in the relevant country, as sold separately, and B is the total average NET SALES price of all OTHER PRODUCTS in the COMBINATION PRODUCT in the relevant country, as sold separately. If, in any country, any COMPONENT is not sold separately, NET SALES for royalty determination shall be determined by the formula [C / (C+D)], where C is the aggregate average fully absorbed cost of the Licensed Product components during the prior Royalty Period and D is the aggregate average fully absorbed cost of the other essential functional components during the prior Royalty Period, with such costs being determined in accordance with generally accepted accounting principles. To the extent that any SUBLICENSE INCOME relates to a COMBINATION PRODUCT or is otherwise calculated based on the value of one or more licenses or intellectual property rights held by the COMPANY, an AFFILIATE or SUBLICENSEE, COMPANY shall determine in good faith and report to THE PARTIES the share of such payments reasonably attributable to COMPANY’s or such AFFILIATE’s sublicense of the rights granted hereunder, based upon their relative importance and proprietary protection, which portion shall be the SUBLICENSE INCOME. THE PARTIES shall have the right to dispute such sharing determination in accordance with the dispute provisions of the AGREEMENT.

  • Product Sales Subject to Sections 10.3(c) and 10.3(d), Licensee agrees that it will not sell, offer for sale, or assist third parties (including Affiliates) in selling Product except for the sale and offer for sale of (A) TAF Product, TAF Combination Product, TDF Product and TDF Combination Product for use in the Field and in the countries of the TDF-TAF Territory, (B) COBI Product and COBI Combination Product for use in the Field and in the countries of the COBI Territory, and (C) EVG Product, EVG Combination Product and Quad Product for use in the Field and in the countries of the EVG-Quad Territory.‌ (i) Licensee agrees that during the period in which the Patents are valid and enforceable (on a Product-by-Product basis) it will prohibit its Distributors from selling Product (A) to any other wholesaler or distributor, (B) outside the Territory for which Licensee is licensed for sale of such Product pursuant to Section 2.2, or (C) for any purpose outside the Field. (ii) Licensee agrees that it will not administer the TAF Quad to humans, or sell the TAF Quad until Gilead has obtained marketing approval for the TAF Quad from the FDA. Licensee agrees that it will not administer EVG to humans, or sell Products containing EVG until Gilead has obtained marketing approval for an EVG Product from the FDA. Licensee agrees that it will not administer COBI to humans, or sell Products containing COBI until Gilead has obtained marketing approval for a COBI Product from the FDA. Licensee agrees that it will not administer TAF to humans, or sell Products containing TAF until Gilead has obtained marketing approval for a TAF Product from the FDA. If Gilead obtains marketing approval from the FDA for any Quad Product or a Combination Product containing TAF, COBI or EVG (“Approved Combination Product”) prior to obtaining marketing approval for a TAF Product, EVG Product or COBI Product from the FDA, then Licensee will be allowed to administer such Quad Product or such Approved Combination Product to humans, and sell such Quad Product or such Approved Combination Product from and after the date of such marketing approval from the FDA, but will not (A) administer to humans or sell Combination Products containing EVG other than such Quad Product or such Approved Combination Product until Gilead has obtained marketing approval from the FDA for an EVG Product, or (B) administer to humans or sell Combination Products containing COBI other than such Quad Product or such Approved Combination Product until Gilead has obtained marketing approval from the FDA for a COBI Product or (C) administer to humans or sell Combination Products containing TAF other than such Quad Product or such Approved Combination Product until Gilead has obtained marketing approval from the FDA for a TAF Product.

  • Competing Products The provisions of Section 21 are set forth on attached Exhibit H and are incorporated in this Section 21 by this reference.