Excess Inventory. Tellabs agrees to purchase from Riverstone all inventory, including work-in-progress and finished goods, reasonably purchased by Riverstone pursuant to Tellabs firm Orders as defined in Section 3.2 which are held by Riverstone for at least [ * ] and which Riverstone has not been able to use in other products or which Riverstone does not reasonably foresee using in Tellabs's products within the next [ * ]. Riverstone agrees to use reasonable efforts to use any excess inventory in its other products, including but not limited to the Products under this Agreement.
Excess Inventory. (a) On or about the last day of each month (the "Last Day") after the first six months of the Term, BMG will determine from BMG's books and record(s) on a selection-by-selection basis and by each configuration thereof the amount of any excess inventory (i.e., more than a one (1) year supply, as determined in accordance with BMG's standard business practices) in BMG's possession or control as of each Last Day and will report such determination to Owner ("Excess Inventory"). Owner, at Owner's election, will either remove Excess Inventory for storage purposes only (at Owner's sole cost and expense of removal and storage) within thirty (30) days of BMG's report under this Paragraph, or promptly pay BMG for each month that any Excess Inventory is retained or controlled by BMG an amount equal to the number of units of Excess Inventory multiplied by Ten ($.10) Cents (the "Excess Inventory Charge"). Any Excess Inventory which is removed must be marked, drilled or otherwise modified by BMG (at Owner's sole cost and expense) beforehand to adequately distinguish it from all other Owner's Product(s). If Owner fails to remove any Excess Inventory or pay the Excess Inventory Charge on a timely basis, BMG, subject to the provisions embodied in Paragraph 11(a)(v)(8) and 14(g) hereof, will scrap the Excess Inventory at the applicable per unit price set forth in Exhibit A for scrapping. BMG will invoice Owner for such scrapping and any applicable Excess Inventory charges and Owner will pay such invoice in accordance with Paragraphs 14(b) and (c) hereof.
Excess Inventory. That level of Inventory on hand determined by Bank to be in excess of a N/A months supply of Borrower’s requirements therefor unless, upon written notice by Bank, Bank in its discretion shall determine a greater or lesser level of Inventory.
Excess Inventory. Nortel Networks shall have no obligation or liability to Flextronics with respect to excess Inventory, other than as set out herein.
Excess Inventory. Excess Inventory" shall mean Advertising Inventory allocated to CIM or LWP as described in SECTION 4.3.2 ADVERTISING INVENTORY SPLITS (i) that such party is unable to sell prior to the day before the date on which such Advertising Inventory is first scheduled to run or (ii) upon declaration or designation by the party to which such Advertising Inventory was originally allocated pursuant to SECTION 4.3.2 ADVERTISING INVENTORY SPLITS.
Excess Inventory. The Seller shall strictly control all inventory of Boeing proprietary product that is in excess of contract quantity in order to prevent product from being sold or provided to any third party without prior written authorization from Boeing.
Excess Inventory. Nortel Networks shall have no obligation or liability to Flextronics with respect to excess and obsolete Inventory, other than as set out herein. For every Product sold to Nortel Networks, Flextronics shall be permitted to charge Nortel Networks an uplift percentage applicable on the Product Price. The Parties will agree to the percentage uplift prior to the Effective Date. The Parties understand that the uplift factor(s) during Year 1 will be greater than for subsequent years due to the purchase of one year’s inventory at the Effective Date by Flextronics. After the first anniversary of the Effective Date, the uplift factor will reflect only the on-going events beyond Flextronics’ control. The Parties agree that the uplift percentage will be reviewed six (6) months after the Effective Date and annually on the anniversary of the Effective Date. In conjunction with each uplift factor review, Flextronics will perform an E & O calculation based on one year’s historical demand, NPI forecast, and known events. During such reviews, the Parties may mutually agree to adjust the uplift percentage. For any increase of the uplift percentage, Flextronics must demonstrate to Nortel Networks that such adjustment is material (greater than 2% of total Inventory) and the result of an act or event outside Flextronics’ control. The table below provides an example of how the uplift percentage shall be applied. Uplift Amount Year 1 Year 2 Units Sold Units Sold Current to Nortel Amount Uplift % Uplift Current to Nortel Amount Uplift % Uplift Product Price During year Sold Factor Amount Price During year Sold Factor Amount aaaaaaaa $ 1,000 400 $ 400,000 1.0 % 4000 $ 990 400 $ 396,000 1.0 % 3960 bbbbbbb $ 400 98 $ 39,200 1.0 % 392 $ 360 50 $ 18,000 1.0 % 180 ccccccc $ 136 4000 $ 544,000 1.0 % 5440 $ 122 3800 $ 463,600 1.0 % 4636 ddddd $ 300 35 $ 10,500 1.0 % 105 $ 270 30 $ 8,100 1.0 % 81 9,937 8857 Two yr sum 18794 Master Repair Services Agreement On an annual basis, Nortel Networks and Flextronics shall perform the calculations as shown in the examples above and project the uplift percentage required for the following year. In the event that the accumulated uplift fund is greater than the excess Inventory requirements, Flextronics shall agree to reduce the uplift factor to an agreed upon factor for on-going operations under Flextronics control. Thirty days prior to the Effective Date both Parties will jointly meet and agree on the percentage to be used as an uplift factor. Consi...
Excess Inventory. The Supplier shall control all inventory of customer proprietary product, which is more than contract quantity, to prevent the product from being sold or provided to a third party without prior authorization from the Buyer.
Excess Inventory. In the event that FIC purchases or orders Components and related materials in order to meet its obligations to SSE's with respect the quantity of Product Units specified in the Forecast and/or a Purchase Order(s), SSE shall be required to purchase the unused portion of Components and related materials at [*], from FIC upon notice, [*]: if (i) SSE fails to purchase such Product Units in accordance with Purchase Orders(s); and (ii) FIC using best efforts cannot return, or cancel or use the Components or related materials. The total cost to be borne by SSE shall not exceed the unit cost of the Components and any related materials, multiplied by the quantity in excess plus a [*] handling fee.
Excess Inventory. At the end of every calendar month, Flextronics shall report the Excess Inventory. Customer shall purchase the Excess Inventory that has been Excess Inventory for at least [*] at a price equal to the [*].
