Packaging Materials. Pallets, topframes, and tier sheets shall be provided by Purchaser, and shall remain the property of the Purchaser. Purchaser may supply such packaging materials directly, or may agree to reimburse Supplier for purchases made by Supplier at the written instruction of Purchaser. Supplier agrees to maintain and report inventory of all such packaging materials in use or on hand, and with respect to packaging materials at Constar Customer sites, shall be responsible for customary practices of managing the prompt and complete return of packaging materials in good usable form from Constar Customers, and for maintaining a perpetual inventory of packaging materials at each customer location (which packaging materials shall be supplied at Purchaser’s cost). Supplier shall maintain packaging materials in such a way that the number of times materials are re-used is consistent with historical trends. Supplier shall provide at least 60 days forecast to Purchaser of packaging requirements or surplus.
Packaging Materials. All packaging and packing methods and materials shall be in accordance with the best commercial practice.
Packaging Materials. Both parties agree generally to segregate packaging materials (including pallets, topframes and separator sheets) and maintain separate stocks of packaging material. The initial inventory of packaging materials owned by Constar shall be determined by a physical inventory on July 31, 2002 which shall be documented by Constar, subject to agreement by Crown. That inventory shall recognize that packaging materials on hand at customer locations served exclusively by Constar or Crown will be deemed to belong to Constar or Crown respectively. Packaging materials on hand at customer locations served jointly by Constar and Crown, and those at Crown’s Preston, Maryland pallet repair facility, shall be allocated as mutually agreed at the time of the physical inventory on July 31, 2002. To assist in determining such allocations, Constar shall cause its records of packaging materials on hand at customer locations, and Crown shall cause its records of packaging materials on hand at Preston, Maryland, to be documented and accurate on that date. Over time, Constar agrees to mxxx its packaging materials to distinguish them from Crown’s in cases where they are delivered into a customer location where Crown and Constar packaging materials are co-mingled. Irrespective of whether packaging materials can be distinguished by marks, Crown agrees to return packaging material to Constar without fee, freight to be paid by Constar, upon presentation by Constar of shipment and receiving documentation, net of a reasonable allowance for loss, that evidence Constar-owned packaging materials to be in Crown’s possession. Constar and Crown may agree from time to time to buy and sell packaging materials each from the other. Constar may continue to use the pallet repair services at Preston, Maryland on the same terms as were in effect when Constar was a wholly owned subsidiary of Crown. Crown shall keep good records of receipts, shipments, losses and services rendered in association with its possession and handling of Constar’s packaging materials. The fee for such service shall be determined in accordance with the then-effective fee schedule for various sorting and repair services as they are charged to Crown’s own plants except only that the fees charged to Constar shall exclude allocation for inbound and outbound freight to Preston, Maryland, which shall instead by payable at actual cost by Constar. Any changes in the fee schedule shall be made with 60 days advance written notice to Consta...
Packaging Materials. Mikart shall order from time to time, at Vertical’s request and expense, labels, package inserts and other packaging materials (“Product Packaging”) in sufficient quantities to permit the packaging of the Product ordered by Vertical from time to time hereunder.
Packaging Materials. The Priming and Maintenance solutions will be packaged in a [***] made of the [***]. The [***] is comprised of a [***] and [***] that may be readily combined for mixing at time of use. The Priming solution will be dispensed into a [***]. Each of the two component solutions of the Maintenance solution will be combined at time of use into [***].
Packaging Materials. Xxxxxxxx shall ensure that any and all packaging ------------------- materials, commercial names, trademarks and trade dress designs supplied by it pursuant to this Agreement comply in all material respects with all applicable laws and regulations and do not violate or infringe upon the proprietary rights of any person or entity.
Packaging Materials. Mikart shall order from time to time, at Horizon's request and expense, labels, package inserts and other packaging materials in sufficient quantities to permit the packaging of the Products ordered by Horizon from time to time hereunder.
Packaging Materials. In connection with the rights granted in this Article 1 and without limitation of Section 1.1, Licensor hereby grants to Licensee the sublicensable and transferable (to the same extent as the rights in Section 1.1) right and license throughout the Term (including the Sell Off Period), directly or through others (including fulfillment houses, Channel partners and contractors), to (a) design, develop, brand and manufacture/reproduce the tangible media in which the Products may reside, (b) design, develop, brand and manufacture/reproduce the packaging (and appropriate packaging materials and inserts thereto) in which Products may be shipped or delivered, and (c) use, reproduce in any medium, brand, distribute, display, and create derivative works of any user guides, manuals, instructions, FAQs, packaging inserts and other materials and content developed or used or held for use by Licensor or its Affiliates in connection with the Products, in any language and form, for packaging and shipping the Products. Licensee shall have the discretion to sell and distribute the Products on a standalone basis, as a package or in bundles or multiples in the International Territory and may develop and use different or the same packaging for all or some of the Products, as deemed appropriate for the particular Channel of trade and/or Territory.
Packaging Materials. SM shall purchase the foil, cartons, and all other necessary materials for the packaging of the NTC Products (“Packaging Materials”), in accordance with any and all instructions or guidelines provided by NTC, which shall be approved by SM for the purpose of assuring that SM is capable of performing its obligations within any such instructions or guidelines. NTC will be responsible for conducting all shelf life studies associated with the NTC Product in the Packaging Materials. If SM packages the NTC Products in conformity with the Specifications, it is understood and agreed that SM assumes no responsibility or liability for any adverse consumer perception or action of any kind against NTC or third parties due to any NTC requested packaging changes and NTC shall defend and indemnify SM and hold it harmless from any resulting legal action, including payment of SM’s reasonable attorneys’ fees. NTC will be solely responsible for insuring that all Packaging Materials required in the Specifications conform to all applicable Laws. To the extent required by SM’s vendors of the Packaging Materials, NTC shall grant written permission to said vendors to provide to SM any of the proprietary Packaging Materials for the sole and limited purpose of carrying out the terms of this Agreement in accordance with the terms and conditions hereof. Such permission shall be substantially in the form of the attached Exhibit F (“Permission Letter”). NTC shall provide SM with at least one hundred and fifty (150) days prior written notice of any changes to the Packaging Materials which must be approved by SM, which shall not be unreasonably withheld. Any revisions to such Packaging Materials by NTC are subject to the terms and conditions of Section 8.1. All Packaging Materials will be ordered as per the example in Schedule 5.5(a)(2) Packaging Material Ordering Matrix and in accordance with the minimum order guaranties for foil and cartons set forth on Schedule 5.5(a)(2)(i). If SM intends to order more than 120 sales days of inventory, based upon the Budget Forecast provided pursuant to Section 5.2, for the Packaging Material for any NTC Products, then SM must notify NTC of such order and allow NTC an opportunity to, (i) approve such order and accept all potential obsolescence associated with the order, or (ii) modify such order and accept all incremental costs associated with the smaller volume runs at the supplier. NTC will provide a response to SM regarding its request to order cert...
Packaging Materials. All packaging material design will be Buyer’s property and will be used by Seller only for Buyer’s products.
