Commercial Products. If any Collaboration Work Product has been successfully commercialized pursuant to Section 3.7., the parties shall share Gross Revenues attributable to that Collaboration Work Product as set forth in Section 4.2.
Commercial Products. Solutions Provider shall obtain Commercial products for resale to End Users only from those Master Distributors identified by VERITAS as “Distributors” authorized to distribute Commercial products. The list of authorized Commercial products Distributors is available on VERITAS’ website, as updated from time to time.
Commercial Products. Does not include Facelift or EZ2 Trinity Furniture warrants all products for ten (10) years against manufacturing and factory defects, excluding covering materials, under single shift service for the original purchaser. During this period Trinity Furniture, at our option, will replace, repair, or return the purchase price of any merchandise that, upon our inspection, is deemed to be defective. This constitutes the sole and exclusive remedy to the customer. Damages resulting from freight, claimed or unclaimed, from accident, alteration, tampering, misuse, negligence or abuse voids the warranty. In the event any product has to be returned to the factory for verification of a complaint, it must be shipped prepaid and include written information containing the name of the original purchaser, original invoice number, and a copy of the original purchase order must be provided. Because of natural variations on materials over which Trinity Furniture has no control, this warranty does not extend to color, grain or texture of wood, leather or upholstery cover. This warranty is applicable only to those parts actually manufactured by Trinity Furniture Incorporated. For purchased parts, we will apply exactly the same warranty that is extended to us by our suppliers. Trinity Furniture shall not be liable for consequential or incidental damages arising from any product defects.
Commercial Products. Subject to the provisions of Section 8.5.2.3, the transfer price of the Aject (alone or as part of the AngioSense Product) supplied to AngioSense hereunder is estimated as set forth in Exhibit E (the "Estimated Transfer Price") based on Bioject's representation of the current configuration of the Iject. The actual transfer price for the Aject (alone or as part of the AngioSense Product) shall be determined by the Joint Development Committee in the context of the Aject Development Budget and the AngioSense Product Development Budget, respectively, shall take into account estimated sales volumes, the cost of goods, and the anticipated average selling price of the Aject (alone or as part of the AngioSense Product) (the "Actual Transfer Price"); provided however, the parties contemplate that such Actual Transfer Price shall provide Bioject with a reasonable profit margin, and considered to be *** to Bioject from the transfer price in Exhibit E of this agreement. Notwithstanding the foregoing, once the Actual Transfer Price is established, such Actual Transfer Price shall be subject to an annual increase not to exceed the greater of *** percent (***%) or the increase in the *** for the immediately preceding year. Bioject will give AngioSense thirty (30) days' prior written notice of such increase. With respect to amounts due to Bioject for units of the Aject supplied to AngioSense under this Section 9.1.1, AngioSense shall pay Bioject within thirty (30) days of invoice or date of shipment of the Aject, whichever is later.
Commercial Products. The terms, limitations, and exclusions for the limited warranty for each commercial product provided under this Agreement are available at xxxxx://xxxxxxxxxx.xxx/resources/warranty. THE FOREGOING WARRANTY PROVISIONS ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY AGAINST INFRINGEMENT AND ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DISCLAIMERS OF WARRANTY AND LIMITATION OF LIABILITY SHALL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE. Seller reserves the right to modify its limited warranties at any time in its sole discretion, provided that any modification to any limited warranty shall be effective only for products or services purchased after the date of the change to the limited warranty. These limited warranties may not be transferred by Buyer except by an authorized distributor (as expressly permitted in Section 22 below) or in connection with the sale of the installation site in which the Product was originally installed.
Commercial Products. With respect to Commercial Products, ISIS will defend, indemnify and hold harmless LILLY, its Affiliates and their respective directors, officers, employees and agents, and their respective successors and permitted assigns, from any and all claims, actions, causes of action, liabilities, losses, damages, costs or expenses, including reasonable attorney's fees, which arise out of or relate to claims that may be brought or instituted against them by third parties to the extent based upon or arising out of (i) the failure by ISIS to meet the warranties set forth in Article 8 (provided such failure does not arise solely from actions of the MWG or an Uncontrollable Event); (ii) a material breach by ISIS of its obligations set forth in this Agreement (provided such breach does not arise solely from actions of the MWG or an Uncontrollable Event); or (iii) gross negligence or willful misconduct of ISIS, its officers, employees and agents in the performance of its obligations hereunder. With respect to Commercial Products, LILLY will defend, indemnify and hold harmless ISIS, its Affiliates and their respective directors, officers, employees and agents, and their respective successors and permitted assigns, from any and all claims, actions, causes of action, liabilities, losses, damages, costs or expenses, including reasonable attorney's fees, which arise out of or relate to claims that may be brought or instituted against them by third parties to the extent based upon or arising out of (i) this Agreement or (ii) the Manufacture, use, importation, or commercialization (including marketing) of Commercial Products, except to the extent such claims are based upon or arise out of (x) the failure by ISIS to meet the warranties set forth in Article 8 (provided such failure does not arise solely from actions of the MWG or an Uncontrollable Event); (y) a material breach by ISIS of its obligations set forth in this Agreement (provided such breach does not arise solely from actions of the MWG or an Uncontrollable Event); or (z) negligence or willful misconduct of ISIS, its officers, employees and agents in the performance of its obligations hereunder.
Commercial Products. For all other government customers, use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in subparagraph (b)(2) of Commercial Computer Software License 48 CFR 52.227-19, as applicable. Customer agrees that the Uniform Computer Information Transaction Act or any version thereof, adopted by any state, in any form ("UCITA"), shall not apply to this Agreement. To the extent that UCITA is applicable, the parties agree to opt out of the applicability of UCITA pursuant to the opt-out provision(s) contained therein.
Commercial Products. 40 14.9.2 Compound Inventory..........................................40 14.10
Commercial Products. Upon termination of this Agreement for any reason, ALZA will be free for a period of [***] following termination to sell its remaining and then existing inventory of Products, together with any additional quantities of Products which ALZA is then irrevocably obligated to purchase under contracts with Third Parties; provided, however, that ALZA will be obligated to pay Ardent the royalties applicable to said subsequent sales in accordance with the terms and conditions set forth in this Agreement.
Commercial Products. You shall limit your use of the Services to Internal or Non- commercial Use unless you are developing a Commercial Product pursuant to a Commercial Product License. All Commercial Products are subject to the following requirements:
