SUBSTITUTION OF ITEMS Sample Clauses

SUBSTITUTION OF ITEMS. Substitute brands or models may be considered during the contract period for discontinued products only. The vendor shall not deliver any substitute item as a replacement to an awarded brand without express written consent of the client and the Internal Services Department, Procurement Management Division prior to such delivery. Substitute items must be of equal or better quality than the awarded item. Substitution requests for other than discontinued products may be cause to cancel the order, seek the items from another vendor, and charge the vendor for any re-procurement costs. ROADMAP CONTRACT NO. FB-00634 The vendor shall make deliveries within five (5) calendar days after the date of the order, unless otherwise specified by the County representative. All deliveries shall be made in accordance with good commercial practice and all required delivery timeframes shall be adhered to by the vendor(s); except in such cases where the delivery will be delayed due to acts of nature, strikes, or other causes beyond the control of the vendor. In these cases, the vendor shall notify the County of the delays in advance of the original delivery date so that the County can appropriately consider a revised delivery schedule.
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SUBSTITUTION OF ITEMS. Substitute brands or models may be considered during the contract period for discontinued products only. The vendor shall not deliver any substitute item as a replacement to an awarded brand without express written consent of the client and the Internal Services Department, Procurement Management Division prior to such delivery. Substitute items must be of equal or better quality than the awarded item. Substitution requests for other than discontinued products may be cause to cancel the order, seek the items from another vendor, and charge the vendor for any re-procurement costs.
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SUBSTITUTION OF ITEMS. No substitutions allowed. Should a product or service be discontinued or otherwise no longer available, Contractor shall notify the District immediately. TERMINATION DUE TO UNAVAILABILITY OF FUNDS: Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds therefor. When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be canceled. In the event of a cancellation pursuant to this paragraph, contractor will be reimbursed the resulting unamortized, reasonably incurred, nonrecurring costs. Contractor will not be reimbursed any costs amortized beyond the initial contract term.
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SUBSTITUTION OF ITEMS. LESSEE ASSIGNMENT AND SUBLEASE 6 XII. INSPECTION AND MARKING . .
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SUBSTITUTION OF ITEMS. During the term of any ensuing contract in the event of the discontinuance of an item offered in this Bid/Contract, the awarded Bidder/Contractor may provide alternate Manufacturer Brand/Style/Items other than those indicated in the Contract Item Specifications or on the Bid/Contract Price page. Prior to the provision of any alternate however, the Contractor must notify and obtain written permission for the substitution from the state of Ohio DAS Office of Procurement Services. DAS may require samples prior to the approval of any alternate or substitute item(s). Unauthorized substitutions shall be considered a default of the Contract and may result in suspension or termination of the contract. Requests for item substitutions shall be made to: the Office of Procurement Services, ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇, Attn: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇▇▇.▇▇.▇▇ SWEATSHOP FREE: By the signature affixed to this ITB, Bidder certifies that all facilities used for the production of the supplies or performance of services offered in the bid are in compliance with applicable domestic labor, employment, health and safety, environmental and building laws. This certification applies to any and all suppliers and/or subcontractors used by the Bidder in furnishing the supplies or services described in the bid and awarded to the Bidder. If DAS receives a complaint alleging non-compliance with sweatshop free requirements, DAS may enlist the services of an independent monitor to investigate allegations of such non-compliance on the part of the Contractor, any sub-contractors or suppliers used by the Contractor in performance of the Contract. If allegations are proven to be accurate, the Contractor will be advised by DAS of the next course of action to resolve the complaint and the Contractor will be responsible for any costs associated with the investigation. Items that will be considered in an investigation include, but are not limited to standards for wages, occupational safety and work hours.
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SUBSTITUTION OF ITEMS. Provided that no Material Lease Default shall have occurred and be continuing, at Lessee's expense, Lessee may at any time substitute a comparable Item of the Equipment for any Item (a "Substituted Item") in accordance with the terms of this Section. On a quarterly basis, Lessee shall notify Lessor of all substitutions made during the preceding quarter. At such time as the aggregate original Capitalized Lessor's Cost of all Substituted Items (other than Items replaced pursuant to Section XIII(a) hereof) exceeds twenty percent (20%) of the aggregate original Capitalized Lessor's Cost of all Equipment leased hereunder, Lessee's option to substitute additional Items shall be subject to Lessor's prior written consent (which consent shall not unreasonably be withheld). If Lessee shall elect to substitute an Item of the Equipment pursuant hereto, Lessee shall, at its sole cost and expense, convey to Lessor a comparable item of equipment (a "Replacement Item"), free and clear of all liens other than Permitted Liens, that has at least the value, utility and remaining useful life and is in as good operating condition as the Substituted Item, assuming that the Substituted Item had been maintained in accordance with this Agreement. In addition, Lessee shall pay to the Servicing Agent an administrative fee of Three Thousand Dollars ($3,000.00) per notice of substitution (provided, however, that such administrative fee shall not exceed Twelve Thousand Dollars ($12,000.00) per calendar year), and Lessee shall execute and deliver to Lessor such documents and instruments as reasonably may be required by Lessor in connection with such replacement, including (without limitation) Uniform Commercial Code financing statements to be filed at Lessee's expense. Upon compliance by Lessee with the terms of the two (2) preceding sentences, Lessor will transfer to Lessee, on an AS IS BASIS (as hereinafter defined) all of Lessor's interest in and to in such Substituted Item. Lessor shall not be required to make and may specifically disclaim any representation or warranty as to the condition of such Substituted Item and other matters (except that Lessor shall warrant that it has conveyed whatever interest it received in the Substituted Item free and clear of any liens or encumbrances created by, through or under Lessor). Lessor shall execute and deliver to Lessee such Uniform Commercial Code Statements of Termination as reasonably may be required in order to terminate any interest of L...
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SUBSTITUTION OF ITEMS. During the term of any ensuing contract pursuant to this Bid, the awarded bidder/contractor may have a need to provide alternate Man ufacturer Brand/Style/Items other than those offered in the Bidder’s Bid Price page. Prior to the provision of any alternate however, the contractor must notify DAS in writing and obtain written p ▇▇▇▇ s si on fro m DAS Office of Procurement Services for use of the alternate. DAS may req uire samples prior to the approval of any alternate item(s). Failure to comply with this clause may be determined to be default of the contract.
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Related to SUBSTITUTION OF ITEMS

  • Collection of Items We act only as your agent and we are not responsible for handling items for deposit or collection beyond the exercise of ordinary care. We are not liable for the negligence of any correspondent or for loss in transit, and each correspondent will only be liable for its own negligence. We may send any item for collection. Items drawn on an institution located outside the United States are handled on a collection basis only. You waive any notice of nonpayment, dishonor, or protest regarding items we purchase or receive for credit or collection to your account. We reserve the right to pursue collection of previously dishonored items at any time, including giving a payor financial institution extra time beyond any midnight deadline limits.

  • Substitution of Mortgage Loans Notwithstanding anything to the contrary in this Agreement, in lieu of purchasing a Mortgage Loan pursuant to the Mortgage Loan Purchase Agreement or Sections 2.02 or 2.03 of this Agreement, the Seller may, no later than the date by which such purchase by the Seller would otherwise be required, tender to the Trustee a Substitute Mortgage Loan accompanied by a certificate of an authorized officer of the Seller that such Substitute Mortgage Loan conforms to the requirements set forth in the definition of "Substitute Mortgage Loan" in this Agreement; provided, however, that substitution pursuant to the Mortgage Loan Purchase Agreement or Section 2.04 of this Agreement, as applicable, in lieu of purchase shall not be permitted after the termination of the two-year period beginning on the Startup Day; provided, further, that if the breach would cause the Mortgage Loan to be other than a "qualified mortgage" as defined in Section 860G(a)(3) of the Code, any such cure or substitution must occur within 90 days from the date the breach was discovered. The Custodian, as agent for the Trustee, shall examine the Mortgage File for any Substitute Mortgage Loan in the manner set forth in Section 2.02(a) and the Trustee or the Custodian, as its agent, shall notify the Seller, in writing, within five Business Days after receipt, whether or not the documents relating to the Substitute Mortgage Loan satisfy the requirements of the fifth sentence of Subsection 2.02(a). Within two Business Days after such notification, the Seller shall provide to the Trustee for deposit in the Distribution Account the amount, if any, by which the Outstanding Principal Balance as of the next preceding Due Date of the Mortgage Loan for which substitution is being made, after giving effect to the Scheduled Principal due on such date, exceeds the Outstanding Principal Balance as of such date of the Substitute Mortgage Loan, after giving effect to Scheduled Principal due on such date, which amount shall be treated for the purposes of this Agreement as if it were the payment by the Seller of the Repurchase Price for the purchase of a Mortgage Loan by the Seller. After such notification to the Seller and, if any such excess exists, upon receipt of such deposit, the Trustee shall accept such Substitute Mortgage Loan which shall thereafter be deemed to be a Mortgage Loan hereunder. In the event of such a substitution, accrued interest on the Substitute Mortgage Loan for the month in which the substitution occurs and any Principal Prepayments made thereon during such month shall be the property of the Trust Fund and accrued interest for such month on the Mortgage Loan for which the substitution is made and any Principal Prepayments made thereon during such month shall be the property of the Seller. The Scheduled Principal on a Substitute Mortgage Loan due on the Due Date in the month of substitution shall be the property of the Seller and the Scheduled Principal on the Mortgage Loan for which the substitution is made due on such Due Date shall be the property of the Trust Fund. Upon acceptance of the Substitute Mortgage Loan (and delivery to the Custodian of a Request for Release for such Mortgage Loan), the Custodian, as agent for the Trustee, shall release to the Seller the related Mortgage File related to any Mortgage Loan released pursuant to the Mortgage Loan Purchase Agreement or Section 2.04 of this Agreement, as applicable, and shall execute and deliver all instruments of transfer or assignment, without recourse, representation or warranty in form as provided to it as are necessary to vest in the Seller title to and rights under any Mortgage Loan released pursuant to the Mortgage Loan Purchase Agreement or Section 2.04 of this Agreement, as applicable. The Seller shall deliver to the Custodian the documents related to the Substitute Mortgage Loan in accordance with the provisions of the Mortgage Loan Purchase Agreement or Subsections 2.01(b) and 2.02(b) of this Agreement, as applicable, with the date of acceptance of the Substitute Mortgage Loan deemed to be the Closing Date for purposes of the time periods set forth in those Subsections. The representations and warranties set forth in the Mortgage Loan Purchase Agreement shall be deemed to have been made by the Seller with respect to each Substitute Mortgage Loan as of the date of acceptance of such Mortgage Loan by the Trustee. The Master Servicer shall amend the Mortgage Loan Schedule to reflect such substitution and shall provide a copy of such amended Mortgage Loan Schedule to the Trustee and the Rating Agencies.

  • Substitution of Receipts At the request of a Holder, the Depositary shall, for the purpose of substituting a certificated Receipt with a Receipt issued through any book-entry system, including, without limitation, DRS/Profile, or vice versa, execute and Deliver a certificated Receipt or deliver a statement, as the case may be, for any authorized number of ADSs requested, evidencing the same aggregate number of ADSs as those evidenced by the relevant Receipt.

  • Substitution of Collateral A Fund may substitute securities for any securities identified as Collateral by delivery to the Custodian of a Pledge Certificate executed by such Fund on behalf of the applicable Portfolio, indicating the securities pledged as Collateral.

  • Resolution of Issues In the event issues pertaining to a proposed TO/DO solicitation cannot be resolved to the satisfaction of the CO, the CO reserves the right to withdraw and cancel the proposed TO/DO solicitation. In such event, the contractor shall be notified in writing of the CO's decision. This decision is final and conclusive and shall not be subject to the "Disputes" clause or the "Contract Disputes Act."