Third Party Storage Clause Samples

Third Party Storage. BAXTER shall be permitted to store Product and Components in third party storage facilities, provided that BAXTER provides PONIARD with *** (***) days prior notice if such facilities are used; the decision to use such facilities shall be at the discretion of BAXTER.

Third Party Storage. If Provider stores any of Company’s data or records at a Third Party storage facility, Provider will furnish Company with the name and address of the facility, a description of the materials stored there (including both the type and the quantity of materials) and the applicable box numbers, bar codes and other identifying information. In addition, Provider will use commercially reasonable efforts to cause the Third Party that operates the storage facility to agree in writing that Company is a beneficiary of the Third Party’s obligations to Provider and that Company has the right at any time, upon doing nothing but paying accrued storage charges for its materials, to obtain its materials from the storage facility without the consent of Provider and free of any lien by the Third Party.

Third Party Storage. Baxter shall be permitted to store Product and Components in third party storage facilities qualified by Baxter, compliant to GXP.

Third Party Storage. BAXTER shall be permitted to store Product and Components in third party storage facilities, which are subject to audit and prior written approval by AMYLIN pursuant to a mutually agreed upon Project Plan. BAXTER shall have no liability for, and AMYLIN releases all claims against BAXTER arising out of any damage or loss to Product or Components arising out of, or in connection with, the storage in such third party facility, unless such claims are a result of the negligence or willful misconduct of BAXTER. If AMYLIN does not take possession of Product prior to the expiration of the Additional Storage Period, BAXTER may store Product in a third party storage facility. BAXTER will notify AMYLIN at least [***] ([***]) calendar days before moving Product to said third party storage facility and AMYLIN will notify BAXTER within [***] ([***]) calendar days after receipt of said notice if AMYLIN does not want Product to be moved to the third party storage facility and provide BAXTER alternate shipping instructions. If BAXTER fails to hear from AMYLIN within the [***] ([***]) day notice period, BAXTER may move Product to a third party storage facility in accordance with the terms herein.

Third Party Storage. After the time frame set forth in Section 3.5.1, Baxter shall be permitted to store Product in third party storage facilities qualified by Baxter; such qualified facilities shall be at the discretion of Baxter; provided however that, prior to storing any Product at a third party storage facility, Baxter shall notify Celator in writing of ▇▇▇▇▇▇’▇ intent to do so and shall provide the name of the third party and the location of the storage facility.

Third Party Storage. CHS shall contract storage capacity at facilities set forth on Exhibit D, based upon the needs of the Customer, under the terms under the terms and conditions of one ore more storage agreements (the “Third-Party Storage Agreements”) to be set forth as Exhibit E (the “Third-Party Storage”). Any Third-Party Storage Agreement is subject to the review and prior written approval of Customer. CHS will retain ownership of all Corn through unload to and storage in the Third-Party Storage facilities, provided, however, that Customer shall, upon transfer by CHS of a sufficient amount of Corn into Third-Party Storage to fulfill a Sales Contract between CHS and Customer, pay CHS $1.25 per bushel advance for such amount Corn stored in the Third-Party Storage facilities with the balance due upon loadout of the Third-Party Storage for delivery to the Facility. Customer shall be responsible for any and all charges associated with handling and storage including storage charges as set forth in Third-Party Storage Agreements approved by Customer (including, without limitation charges for turns guaranteed by CHS in the Third-Party Storage contract) and shrink up to 0.25%. Handling and storage charges shall be invoiced by CHS and paid by Customer as follows: half as Corn is unloaded into the Third-Party Storage facilities and half as Corn is loaded out of the Third-Party Storage facilities. Customer shall also pay CHS an interest charge on the purchase price, less the $1.25 per bushel previously paid, paid by CHS for the Corn in storage from the date of such payment by CHS for the Corn to the date payment is received by CHS from the Customer for the Corn. The interest rate to be charged shall be 1% over the prime rate of interest (or similar rate) charged by ▇▇▇▇▇ Fargo Bank, NA, Minneapolis, Minnesota. Corn in Third-Party Storage shall be sold to Customer FOB Third-Party Storage. Transfer of ownership will take place as the Corn is loaded out of the Third-Party Storage with payment due as set forth in Paragraph I below. Notwithstanding any other provision of this Agreement, Customer shall provide CHS with a minimum of 48 hours advance notice of transfer of Corn from the Third-Party Storage to the Facility.

Third Party Storage. (a) You acknowledge that we engage and use the services of third-party storage and security of the Data and your Materials. We make no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party product, or any transactions completed, and any contract entered into by us, with any such third party. (b) We recommend that you refer to the third party’s website terms and conditions and privacy policy prior to entering into this Agreement. We do not endorse or approve any third-party website nor the content of any of the third-party website made available via the Services.

Third Party Storage. BAXTER shall be permitted to store [CONFIDENTIAL TREATMENT REQUESTED] in third party storage facilities only to the extent permitted in the applicable Project Plans, provided in each case that (a) such third party shall have been previously approved in writing by CLIENT and (b) CLIENT shall have the right to visit, inspect and audit such third party's facilitates and records used in or that otherwise directly affect the storage of any Kit Component or Kit. Article 4, [CONFIDENTIAL TREATMENT REQUESTED] 4.1 [CONFIDENTIAL TREATMENT REQUESTED]. 4.1.1 [CONFIDENTIAL TREATMENT REQUESTED]. 4.1.2 Prior to the [CONFIDENTIAL TREATMENT REQUESTED] of each [CONFIDENTIAL TREATMENT REQUESTED] after the Effective Date, CLIENT will provide BAXTER in writing a [CONFIDENTIAL TREATMENT REQUESTED] rolling forecast of CLIENT's forecasted orders for Products (the "Rolling Forecast"). CLIENT shall not increase the quantity forecasted for the [CONFIDENTIAL TREATMENT REQUESTED] of each Rolling Forecast to more than [CONFIDENTIAL TREATMENT REQUESTED] of the quantity forecasted for the second calendar quarter of the immediately preceding Rolling Forecast, and shall not decrease the quantity forecasted for the first calendar quarter of each Rolling Forecast to [CONFIDENTIAL TREATMENT REQUESTED] of the quantity forecasted for the [CONFIDENTIAL TREATMENT REQUESTED] of the immediately preceding Rolling Forecast.

Third Party Storage. After the time frame set forth in Section 3.5.1, Baxter shall be permitted to store Product in third party storage facilities qualified by Baxter; such qualified facilities shall be at the discretion of Baxter; provided however that, prior to storing any Product at a third party storage facility, Baxter shall notify Celator in writing of ▇▇▇▇▇▇’▇ intent to do so and shall provide the name of the third party and the location of the storage facility. Article 4, FORECASTS, ORDERS AND CAPACITY 4.1 Forecasts for Clinical Product. Commencing on the Effective Date of this Agreement and prior to the tenth (10th) calendar day of each month thereafter, Celator will provide Baxter in writing with a Rolling Forecast. The first *********** months of the Rolling Forecast for Clinical Product shall be binding for the Parties. It is understood by the Parties that forecasting of Clinical Product requirements is difficult and unforeseen issues can occur; therefore, it is understood that Baxter will use reasonable efforts to accommodate changes to the first ******* months of the Rolling Forecast if able to do so. In the event that Celator requests cancellation or rescheduling of a Firm Order for Production of Clinical Product, Baxter shall use good faith efforts to fill the open capacity resulting from the cancellation or rescheduling. In the event Baxter is unable to fill such open capacity, Baxter may charge Celator a Reservation Fee as set forth in the Product Master Plan. 4.2 Forecasts for Commercial Product. Commencing no less than ***** months prior to the date of the Production of the first Batch of Commercial Product, and prior to the first day of July of each year thereafter during the Term, Celator will provide to Baxter in writing a forecast of Celator’s estimated requirements for Commercial Product for each of the upcoming ********* years (the “Long Range Forecast”). Commencing with the first regulatory filing for marketing approval of the Product in any major market, and prior to the tenth (10th) calendar day of each month thereafter, Celator will provide Baxter in writing a Rolling Forecast of Celator’s estimated contract requirements for Commercial Product. Baxter specifically agrees that such Long Range Forecasts and Rolling Forecasts submitted by Celator will be for general planning purposes only, and shall not be binding on either Party, except as provided below in Section 4.3.