Approved Vendors. Except as otherwise provided herein, OPKO will be permitted to contract with one or more Vendors determined by the JDC (an “Approved Vendor”) pursuant to a written agreement between OPKO and such Approved Vendor (a “Vendor Agreement”). Each Vendor Agreement will enable OPKO to comply with the terms hereof, including, but not limited to, in respect of Section 3.1.5(b), the terms pertaining to ownership of intellectual property and publications and treatment of Confidential Information.
Approved Vendors. Justice Bearing maintains an Approved Vendors List (AVL). These Sellers are qualified by audit results and are subject to continuing performance measurements based on both conformance to requirements and delivery performance. Late shipments or the shipment of discrepant material will affect a Seller's approval rating, and can cause disqualification.
Approved Vendors. The utility body shall be Xxxxxx Xxxxxx Industries, Xxxxx, or approved equal.
Approved Vendors. Unless otherwise expressly set forth in the applicable SOW, Supplier will use in its production of Units such Components, and, if applicable, raw materials, of the exact type, quality, and grade specified by Eargo, to the extent Eargo chooses to so specify, and will only purchase Components, and, if applicable, raw materials, from Eargo or Approved Vendors appearing on Appendix 3 (Approved Vendors); provided, however, that in the event Supplier cannot purchase a Component from Eargo or an Approved Vendor for any reason, Supplier will be able to purchase such Component from an alternate vendor, subject to Eargo’s prior written approval, in each instance, [***]. Eargo makes no guarantee that certain pricing or commercial terms will be extended by such Approved Vendors to Supplier. If Eargo has a contract with an Approved Vendor, then Eargo may require Supplier to place orders under Eargo’s contract terms, provided, however, that Supplier understands it is solely responsible for entry into an agreement with the applicable Approved Vendor. If Supplier has a contract with an Approved Vendor, Supplier will ensure that such agreement expressly provides that Eargo is an intended third party beneficiary and is entitled to the protections of the following minimum terms and conditions entered into by Supplier for the benefit of Eargo, including, without limitation, conformance to specifications, [***] environment regulations compliance, indemnity for infringement of intellectual property rights and Supplier-facilitated warranty remedies. Eargo reserves the right to remove any Approved Vendor from the list in Appendix 3 to the applicable SOW, in which case, Supplier will have [***] from the date of notice of the updated list of Approved Vendors from Eargo to wind-down its work with the former Approved Vendor(s). In addition, Supplier understands that any purchases by Supplier from an Approved Vendor constitute a contract between Supplier and that Approved Vendor and in no event will Eargo be liable under such contract for any breach or default by the Approved Vendor or Supplier.
Approved Vendors. Contractor shall not subcontract the supply of any equipment for a price of in excess of One Million Dollars ($1,000,000), except to Major Vendors approved by Company, which approval shall not be arbitrarily or unreasonably withheld. The vendors appearing on the Approved Vendors List set forth in Exhibit F have been approved by Company. The Approved Vendors List attached as Exhibit F is preliminary and may be amended in the following manner. In the case the need arises for Contractor to add a Major Vendor to the Approved Vendors List, in Contractor’s opinion, Contractor shall propose such addition to the Company’s Representative in writing identifying the type of equipment that could be purchased from such Major Vendor. Within five (5) Days after receipt of Contractor’s proposal, the Company’s Representative shall have the right to advise Contractor of any such potential Major Vendors to which it reasonably objects, together with the reasons for objection. Contractor shall not add any potential Major Vendor to the list to which the Company’s Representative so reasonably objects. If the Company’s Representative fails to respond within such five (5) Day period, Contractor shall have the right to add said potential Major Vendor to the list.
Approved Vendors. Vendor shall notify Blue Coat immediately of all changes to the existing production processes, supply chain or approved vendor list set forth in the associated Product Information Document. No change is to be released to production without the written consent of Blue Coat. The following basic rules are applicable:
Approved Vendors. In connection with the rights and limitations of this Section 2.2, SunEdision agrees that (i) upon the request of SSL, SunEdison shall provide a complete and current written listing of Approved Vendors, (ii) SunEdison shall promptly evaluate candidate vendors for status as an Approved Vendor named by SSL and, if determined reasonably acceptable by SunEdison, notify SSL of its approval of such named vendor as an Approved Vendor, and (iii) once named as an Approved Vendor, SunEdison will not remove such vendor’s status as an Approved Vendor (for any country) without reasonable cause. SSL shall remain primarily liable and responsible for all acts and omissions of its sublicensees hereunder and their compliance with all applicable terms and conditions of this Agreement.
Approved Vendors. Where JDSU has specified that a Third Party Material is to be procured from a particular vendor, whether in the Product Specifications or otherwise, Supplier shall only procure such Third Party Material from that vendor. Where Supplier wishes to procure Third Party Material from a vendor other than that vendor specified by JDSU, such change shall be processed as an Engineering Change pursuant to Section 12. Supplier, at JDSU’s request, will source for, and provide to, JDSU any third party materials or products (including without limitation Third Party Materials) for JDSU’s use in research and development activities. Such third party materials or products will be provided to JDSU [***].
Approved Vendors. The Parties hereby amend the list of Approved Advertising Firms, Marketers, Subcontractors, and Commodity Vendors set forth in Schedule 2 to Exhibit D to the Agreement (the “Prior Approved Vendor List”), by deleting it in its entirety and inserting the list of Approved Advertising Firms, Marketers, Commodity Vendors, and Origination Subcontractors set forth on Schedule 4 to Exhibit D, attached hereto as Attachment 1, in replacement thereof. For the avoidance of doubt, the Prior Approved Vendor List was incorrectly identified in the Tenth Amendment as Schedule 2 to Exhibit D. The Parties acknowledge and agree that (a) Schedule 4 to Exhibit D attached hereto as Attachment 1 shall replace the Prior Approved Vendor List, and (b) the list of Approved Collectors set forth as Schedule 2 to Exhibit D in the Tenth Amendment and titled “Approved Collectors” shall not be amended in any way by this Sixteenth Amendment.
Approved Vendors. Opthea will be permitted to contract for services, equipment, tools, materials or supplies required for the Product Clinical Trials or Regulatory Approval with any Person that is either listed on Exhibit H, as such exhibit may be updated from time-to-time during the Development Term [***] (each, an “Approved Vendor”); provided that there shall be no requirement to discuss new vendors with the JSC so long as the payments required to be made to such vendor are under $1,000,000 in the aggregate and such Vendor shall automatically be added to Exhibit H. Opthea will be required to enter into a written agreement with each such Person on commercially reasonable and customary terms, consistent with industry standards for similar agreements and sufficient to enable Opthea to comply with its obligations hereunder with respect to the contracted activities, including, but not limited to, the terms pertaining to publications and ownership of Intellectual Property, and treatment of Confidential Information.
