Commercial Availability. 31.1. The Goods/items supplied under this Contract shall be commercially available at the time of signing of the contract. Commercial availability means that such Goods/items shall have been sold under two separate contracts by manufacturer globally.
Commercial Availability. All products delivered under this Subcontract must be available as integrated commercial-off-the-shelf (COTS) products on the dates specified in section C.2.2 of the Prime Contract, subject to section H.19 below.
Commercial Availability. The provisions of this Agreement contemplate that the Products will be commercially available no later than [CONFIDENTIAL TREATMENT REQUESTED]/*/ months after receipt of first order from XEROX (the "Available Date"). In the event that the Products are not commercially available until after the Available Date, the time in which the parties' obligations must be performed as stated herein shall be extended by an amount of time commensurate with the delay in commercial availability, with the exception of payment of the Distribution Fee; provided, however, that if Products are still not commercially available as of [CONFIDENTIAL TREATMENT REQUESTED]/*/ months after the Available Date, XEROX may terminate this Agreement without any further liability upon written notice to PRESSTEK, and PRESSTEK shall refund any and all payments of the Distribution Fee made by XEROX prior to the effective termination date. For the purpose of this Agreement, "commercially available" shall mean that conforming Product(s) are available to be shipped and delivered to a customer with a lead time of (i) [CONFIDENTIAL TREATMENT REQUESTED]/*/ months for [CONFIDENTIAL TREATMENT REQUESTED]/*/ Presses, (ii) [CONFIDENTIAL TREATMENT REQUESTED]/*/ months for [CONFIDENTIAL TREATMENT REQUESTED]/*/ Presses, and (iii) [CONFIDENTIAL TREATMENT REQUESTED]/*/ days for Consumables.
Commercial Availability first used in Section 1 hereof, means a unit of time of whatever length available for the broadcast of commercial advertising announcements, promotional announcements, and/or station identification announcements. Digital Channel, first used in Section 5(d) hereof, means any television channel allotted by the FCC to AFFILIATE for digital television transmissions for use in association with the Station as a result of MM Docket 87-269 and the rules and regulations adopted with respect thereto. Digital Transition Period, first used in Section 5(d) hereof, means the period commencing on the first date AFFILIATE broadcasts a digital signal to the general public on a consistent commercial basis on the Digital Channel and ending on the last day of the Term of this Agreement. FCC, first used in the preamble to this Agreement, means the Federal Communications Commission or any successor agency. Force Majeure Event, first used in Section 12 hereof, means any act of God, labor dispute, non-delivery by program suppliers or others, failure or breakdown of satellite or other facilities, legal enactment, governmental order or regulation or any other similar or dissimilar cause beyond the control of UNIVISION or AFFILIATE, as the case may be. Local Availability, first used in Section 7(b) hereof, means a Commercial Availability designated by UNIVISION pursuant to this Agreement for broadcast of a commercial advertisement by a Station and not by other UNIVISION affiliates on an interconnected or delayed telecast basis. Local Programming first used in Section 1 hereof, means collectively, all local and syndicated programs, public service announcements, promotional announcements, station identifications and other interstitial material which are originated and broadcast by a Station. Local Programming Window, first used in Section 5(b) hereof, means a time period indicated on the attached Schedule A as being occupied by Local Programming. Local Sale, first used in Section 7(f) hereof, means a Sale of advertising for broadcast on one of AFFILIATE’s Stations, and not for broadcast on the UNIVISION Network generally, made by the local sales staff of AFFILIATE. National Sale, first used in Section 7(f) hereof, means a Sale of advertising for broadcast on one of AFFILIATE’s Stations, and not for broadcast on the UNIVISION Network generally, made by UNIVISION as the national and regional sales representative of AFFILIATE, and any other Sale which is of a type normally considered wit...
Commercial Availability. Commercially available, factory-new equipment is eligible for incentives. “Commercially available” means that the major system components are acquired through conventional procurement channels. All eligible technologies must be certified for safety by a nationally recognized testing laboratory (NRTL). An application may be submitted for a device that has not yet received certification from an NRTL if the certification process is underway, however proof of certification must be submitted at the latest with the Incentive Claim documents. Failure to submit proof of certification with the Incentive Claim documents will result in cancellation of the project. If NRTL certification is not applicable for the technology type, it must be supported by a 10-year warranty as consistent with Rule 21 interconnection standards. In the event that Rule 21 interconnection standards or NRTL certification do not require a separate manufacturer’s warranty, a single 10-year service warranty is sufficient. If Rule 21 interconnection standards or NRTL certification require a separate 10-year manufacturer’s warranty in addition to the 10-year service warranty, then the obligation for dual warranties must be met by the project.
Commercial Availability. Notwithstanding anything to the contrary herein, if any Required Coverage (including the limits or deductibles thereof) shall not be available at commercially reasonable rates, the Company shall have the right to request that the Required Holders consent to waive such requirement. Any such waiver shall be effective only so long as such insurance shall not be available at commercially reasonable rates; provided that during the period of such waiver, the Company maintains the maximum amount of such insurance otherwise available at commercially reasonable rates. The holders of the Notes shall reasonably consider a request by the Company for a waiver under this paragraph 9 if (i) the request is supported by details of the cost and availability of such Required Coverage and a written determination of the Company’s insurance broker or another independent insurance broker of nationally-recognized standing in the insurance industry consultant (A) that such insurance is not available at commercially reasonable rates and (B) of the amount of such insurance which is available at commercially reasonable rates, explaining in detail the basis for such broker’s conclusions, and (ii) the Authority has waived the requirement to maintain such insurance as contemplated by Section 13.2(o) of the Lease Agreement. 183
Commercial Availability. To the extent any of the Concessionaire Required Coverages are not available on a commercially reasonable basis or on commercially reasonable terms, the Concessionaire shall obtain insurance that is available on a commercially reasonable basis or on commercially reasonable terms that best approximates the Concessionaire Required Coverages, but said substitute coverage shall, at the University’s request, be subject to review of an independent insurance consultant, and such independent insurance consultant shall have delivered to the University and the Concessionaire its opinion to the effect that the substitute coverages meet the above-stated criteria.
Commercial Availability. If any insurance required to be maintained by the Lessee pursuant to this Section 10 (including the limits or deductibles or any other terms under policies for such insurance) ceases to be available on a commercially reasonable basis, the Lessee may provide written notice to the Lessor and Assignee accompanied by a letter from the Insurance Broker stating that such insurance is unavailable on a commercially reasonable basis. The Lessee shall use its best efforts to provide notice not less than sixty (60) days prior to the scheduled date for renewal of any such policy, but in any event, the Lessee shall provide such notice promptly upon receipt of notice from the insurance company that such coverage will not be available on a commercially reasonable basis. Upon receipt of such notice by the Lessor and Assignee, the Lessor, Assignee and the Lessee shall immediately, and in good faith, propose an alternative to such insurance. In the event that the Lessor or Assignee is unwilling to accept such proposal, and the Lessor, Assignee and the Lessee cannot reach a resolution acceptable to all parties within ten (10) days, the Lessor, Assignee and the Lessee shall make arrangements for the formation of an insurance panel consisting of the Insurance Broker, the Lessor's insurance advisor (or broker), Assignee's insurance advisor (or broker) and an independent insurance expert from a nationally recognized insurance brokerage firm, chosen by the Lessee and reasonably acceptable to the Lessor and Assignee. Such independent expert shall conduct a separate review of the relevant insurance requirements of this Section 10 and the market for such insurance at the time, giving due consideration to the representations of all insurance advisors, and upon conclusion of such review shall issue a written report stating whether such insurance is available or unavailable on a commercially reasonable basis. If the insurance expert concludes that such insurance is not available on a commercially reasonable basis, the insurance expert shall provide a written recommendation (which shall include the amount and type of insurance which is available upon a commercially reasonable basis) not less than fifteen (15) days before the date for renewal of such insurance. The Lessee shall, prior to the expiration of the insurance then in effect, obtain the insurance required by this Section 10 that is available on a commercially reasonable basis. The recommendation of the insurance expert shall be ...
Commercial Availability. The parties agree and acknowledge that the terms of this Agreement are conditioned upon and subject to the availability of BI’s TAD™ products and service. BI shall not be liable for any delay in performance due to limited availability of TAD products and service.
Commercial Availability. Notwithstanding anything to the contrary herein, if any insurance (including the limits or deductibles thereof) required to be maintained under this Agreement shall not be available at commercially reasonable rates, the Lessee shall have the right to request that the Authority consent to waive such requirement. Any such waiver shall be effective only so long as such insurance shall not be available at commercially reasonable rates; provided that during the period of such waiver, the Lessee maintains the maximum amount of such insurance otherwise available at commercially reasonable rates. The Authority shall reasonably consider a request by the Lessee for a waiver under this Section 13.2(o) if the request is supported by a determination by an internationally recognized independent insurance consultant (i) that such insurance is not available at commercially reasonable rates and (ii) of the amount of such insurance which is available at commercially reasonable rates. The Authority shall consult with the Signatory Airlines prior to granting any such waiver. 105
