Competitive Requirements Sample Clauses

Competitive Requirements. Core shall remain competitive with respect to the Products and/or Parts in terms of pricing, quality, performance, technology, and delivery during the term of this Agreement and any extension thereof. If, Core is not competitive in any of these areas, and PACCAR so notifies Core in writing, Core will have ninety (90) days (“Notice Period”) from the date of the notice to make its Product(s) and/or Parts competitive. If Core does not make its Product(s) and/or Parts competitive within the ninety (90) day period, PACCAR may, at its sole option: (a) discontinue purchasing Core’s non-competitive Product(s) and/or Parts and purchase from the other supplier(s) or (b) purchase the Product(s) and/or Parts from both the Core and the other supplier(s). In any case, Core shall cooperate fully with the move of Product and/or Parts, tooling and equipment, and, if requested in writing by PACCAR, agree to a transition period of ninety (90) days, and, take other steps reasonably necessary to avoid disruption to PACCAR truck production, including a bank build plan. Further, if this event takes place prior to January 1, 2008, at PACCAR’s request, Core will relinquish ownership of, and return to PACCAR [*****], any of the assets Core acquired from PACCAR pursuant to Paragraph 2 that are required to manufacture the Product(s) and/or the Part(s) whose production PACCAR decides to move elsewhere. In the event that Core replaces portions of the equipment required for operation, the parties agree to discuss reimbursement in good faith. Core will not relinquish ownership of equipment purchased by Core from sources other than PACCAR (identified with Core asset tags).
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Competitive Requirements. Instructions for tenderers: The contracting authority will evaluate tenderers’ answers to the competi- tive requirements listed below, and award points depending on how/to which degree the answers sub- stantiate or provide proof of tenderers ability to meet each individual requirement. For this reason it is important, that the tenderer concisely describes how/to which degree each requirement will be met. BASIC REQUIREMENTS, RESOLUTION OF THE SEM INSTRUMENT AND STITCHING Requirement 6: The tenderer provides an SEM instrument that is able to make sharp images at high magnification on coated rock samples, e.g. calcium-carbonates or clay-bearing sandstones with both SE and BSE detec- tors. Evaluation preference: A positive evaluation will be given to instruments that are able to make sharp images at high magnifica- tion on coated samples, where a higher magnification gives more points. The tenderers are invited to document their instrument’s ability on this point. Requirement 7: The tenderer provides an SEM instrument that is able to make sharp images at high magnification on uncoated rock samples, e.g. calcium-carbonates or clay-bearing sandstones with both SE and BSE de- tectors. Evaluation preference: A positive evaluation will be given to instruments that are able to make sharp images at high magnifica- tion on uncoated-samples, where a higher magnification gives more points. The tenderers are invited to document their instrument’s ability on this point. Requirement 8: The tenderer provides an SEM instrument that allows for EDS analyses on uncoated rock samples. Evaluation preference: A positive evaluation will be given to instruments that allow for EDS analyses with at least 2500 counts in the highest peak on uncoated rock samples. Requirement 9: The tenderer provides an SEM instrument that has a fast and technically-easy implementation of the switch between low-vacuum and high-vacuum analysis conditions. Evaluation preference: The tenderers are invited to describe this switch in terms of time-consumption and necessary technical actions in- and outside the SEM instrument and its detectors. A more positive evaluation will be given to faster and technically-easier (from an operator point of view) ways of switching between low-vacuum and high-vacuum analysis conditions. Requirement 10: The tenderer provides an SEM instrument with a software that is able to stitch images near-perfectly without manual post-processing. Evaluation preference: A positive evaluati...

Related to Competitive Requirements

  • Sublicense Requirements Any Sublicense:

  • Information Requirements (a) The Company covenants that, if at any time before the end of the Effectiveness Period the Company is not subject to the reporting requirements of the Exchange Act, it will cooperate with any Holder of Registrable Securities and take such further reasonable action as any Holder of Registrable Securities may reasonably request in writing (including, without limitation, making such reasonable representations as any such Holder may reasonably request), all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act within the limitation of the exemptions provided by Rule 144 and Rule 144A under the Securities Act and customarily taken in connection with sales pursuant to such exemptions. Upon the written request of any Holder of Registrable Securities, the Company shall deliver to such Holder a written statement as to whether it has complied with such filing requirements, unless such a statement has been included in the Company's most recent report filed pursuant to Section 13 or Section 15(d) of Exchange Act. Notwithstanding the foregoing, nothing in this Section 7 shall be deemed to require the Company to register any of its securities (other than the Common Stock) under any section of the Exchange Act.

  • Functional Requirements Applications must implement controls that protect against known vulnerabilities and threats, including Open Web Application Security Project (OWASP) Top 10 Risks and denial of service (DDOS) attacks.

  • Service Requirements Grantee shall:

  • Notice Requirements All notices required or permitted by this Lease shall be in writing and may be delivered in person (by hand or by messenger or courier service) or may be sent by regular, certified or registered mail or U.S. Postal Service Express Mail, with postage prepaid, or by facsimile transmission during normal business hours, and shall be deemed sufficiently given if served in a manner specified in this Paragraph 23. The addresses noted adjacent to a Party's signature on this Lease shall be that Party's address for delivery or mailing of notice purposes. Either Party may by written notice to the other specify a different address for notice purposes, except that upon Lessee's taking possession of the Premises, the Premises shall constitute Lessee's address for the purpose of mailing or delivering notices to Lessee. A copy of all notices required or permitted to be given to Lessor hereunder shall be concurrently transmitted to such party or parties at such addresses as Lessor may from time to time hereafter designate by written notice to Lessee.

  • Sanctions; Anti-Corruption None of the Borrower, any of its Subsidiaries, nor, to the knowledge of the Borrower, any director, officer, agent, Affiliate or employee of the Borrower or any of its Subsidiaries is currently (i) the subject of any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department or the U.S. State Department (“Sanctions”) or (ii) located, organized or resident in a country or territory that is, or whose government is, the subject of any Sanctions. None of the Borrower, any of its Subsidiaries nor, to the knowledge of the Borrower, any director, officer, agent, Affiliate or employee of the Borrower or any of its Subsidiaries, has taken any action, directly or indirectly, that would result in a violation in any material respect by any such Person of the United States Foreign Corrupt Practices Act of 1977, as amended (“FCPA”) or of any other anti-bribery or anti-corruption laws, rules, regulations legally applicable to such Persons (collectively, “Anti-Corruption Laws”). The Borrower will not use the proceeds of the Loans, or lend, contribute or otherwise make available such proceeds (a) to any Subsidiary, Affiliate, joint venture partner or other Person or entity, to fund the activities of any Person, or in any country or territory, that, at the time of such funding, is, or whose government is, the subject of any Sanctions, or (b) directly, or, to the knowledge of the Borrower, indirectly, for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of the FCPA or of any Anti-Corruption Laws.

  • Additional Termination Requirements ARTICLE X

  • Rule 144 Requirements After the earliest of (i) the closing of the sale of securities of the Company pursuant to a Registration Statement, (ii) the registration by the Company of a class of securities under Section 12 of the Exchange Act, or (iii) the issuance by the Company of an offering circular pursuant to Regulation A under the Securities Act, the Company agrees to:

  • Transfer Requirements No Person to whom any of a Member’s Units are Transferred (including a Permitted Transferee) shall be admitted to the Company as a Member (as limited under certain circumstances in accordance with Section 11.8) unless the following conditions are satisfied or such conditions are waived by the Board of Managers (with only Managers unaffiliated with the transferor having a vote thereon):

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