Excess Materials. Contractor shall provide to Owner spare parts, extra maintenance materials, and other Materials, as specified in the Contract Documents, upon Substantial Completion. Any additional Materials not required to be delivered to Owner under the Contract Documents (the “Spare Materials”) shall be accounted for by Contractor and offered to Owner. If Owner refuses to accept all or part of the Spare Materials, Contractor shall credit Owner the fair market value of the unaccepted Spare Materials in the final Application for Payment and shall promptly remove them from the Site.
Excess Materials. 7 8. OBSOLETE MATERIALS..................................................... 7
Excess Materials. With respect to any Excess Materials on hand, Seller will notify Buyer of the amount and the cost of such Excess Materials in a consolidated, monthly report. Buyer shall either (i) pay carrying costs for Excess Materials at a rate of [*] per month as it ages greater than [*] after receipt of such monthly notice by Buyer; or (ii) buy all Excess Materials at Seller's cost (purchase price paid by Seller) to be held in bonded stock for consumption based upon a forecasted demand within the next [*]. Seller will use reasonable commercial efforts to sell Excess Materials.
Excess Materials. Franchisee shall collect Garbage, Recyclables, and/or Organics that do not fit within the Residential Customer’s Franchisee-issued Carts when those material are set out for collection on the Customer’s regular collection day in a manner that conforms to Franchisee’s excess material specifications described below and when the Customer has place a standing authorization on their account or has contacted Franchisee in advance and authorized Franchisee to charge the then-current Rates listed in Appendix B-1. Charges for excess materials shall be based on the estimated volume (expressed in terms of equivalents to the volume of a 32-gallon container and by material type). Franchisee shall collect excess materials set out for collection by Residential Customers that are compliant with the following specifications: • Excess Garbage setouts shall be considered compliant when the Garbage is placed in a Customer-provided lidded can or tightly cinched black or gray bag with a capacity that is equal to or less than 32-gallons and properly labeled. • Excess Recyclables setouts shall be considered compliant when the Recyclables are placed in a Customer-provided lidded can or tightly cinched clear bag with a capacity that is equal to or less than 32-gallons and properly labeled. Cardboard setouts shall also be considered compliant when they are securely bundled/tied such that when lifted they remain secure, and each set out must be smaller than 3’ x 1’ x 1’. Non-compliant setouts may be collected and charged as Garbage. • Excess Organics setouts shall be considered compliant when the Organics are placed in a Customer-provided and lidded can and properly labeled. Setouts for woody Yard Trimmings shall also be considered compliant when they are securely bundled/tied such that when lifted they remain secure, and each set out must be smaller than 3’ x 1’ x 1’. Non-compliant setouts may be collected and charged as Garbage.
Excess Materials. Costs of materials in excess of those actually installed, but required to provide reasonable allowance for waste and for spoilage. Unused excess materials, if any, shall be delivered to Owner at the completion of the Work or, at Owner's option, shall be sold by the CM/GC. Any sale shall be commercially reasonable and CM/GC shall provide accounting for such a sale within fifteen (15) days of the transaction. Net amounts realized, if any, from such sales shall be credited to Owner as a deduction from the Cost of the Work.
Excess Materials. Materials delivered in error or in excess of the quantity called for will be returned at Seller's expense.
Excess Materials. With respect to any Excess Materials on hand, MSSLO will notify 3Com of the amount and the cost of such Excess Materials in a consolidated report on the first week of a Quarter. 3Com shall either (i) pay carrying costs for Excess Materials at a rate **** percent (****%) per month as it ages greater than sixty (60) Days or (ii) buy Excess Materials at MSSLO's cost (purchase price paid by MSSLO) plus a Materials acquisition charge equal to **** percent (****%) of MSSLO's purchase price; provided, however, that after one hundred and twenty (120) days, 3Com must buy such Materials in accordance with clause (ii) of this sentence. Upon 3Com's instructions, MSSLO will use reasonable commercial efforts to sell Excess Materials at market prices. The proceeds from such Confidential Materials omitted and filed with the Securities and Exchange Commission. Asterisks denote omissions. sales will be credited to 3Com or MSSLO, as applicable. In no event will 3Com have any liability for any Materials that are not Unique Materials unless otherwise agreed to in writing. MSSLO may, with 3Com's prior written approval, sell Excess Materials at less than market price. If any Excess Material is sold for less than MSSLO's book value, 3Com shall pay MSSLO the amount by which such sale price is less than MSSLO's purchase price plus a Materials acquisition charge equal to **** percent (****%) of MSSLO's purchase price. MSSLO will document and use commercially reasonable efforts to mitigate any Excess Materials through including but not limited to returning, endeavoring to find other MSSLO customers willing to use such Materials, proper rescheduling and cancellation efforts with its suppliers. MSSLO agrees to repurchase from 3Com any Excess Materials so purchased, subject to such Excess Material meeting current quality specifications, at the current standard price **** percent (****%) prior to placing new purchase orders within leadtime for forecasted demand.
Excess Materials. Excess materials may result from order cancellation and/or excess material authorizations by Buyer for the purpose of securing long lead-time materials. If an order or part of the order is cancelled for more than three (3) months, Buyer shall reimburse Seller the costs of the materials purchased by Seller for the order. If materials from a material authorization remain inactive in stock for more than three (3) months, Buyer shall reimburse Seller the costs of the materials purchased by Seller for the order. Such reimbursements for excess materials shall be paid by Buyer to Seller within fourteen (14) days of receipt of invoice.
Excess Materials. OYA and the OYA Parties agree that in connection with certain improvements to be made hereunder, there may be certain materials removed that are no longer necessary (the "Excess Materials"). OYA agrees to remove such materials from Town roads and intersections and stockpile them for use by the Town and County. The Designees of the Town and County agree to designate a place on Town property or such other location as the parties reasonably agree in which the Excess Materials will be stored. IN WI1NESS WHEREOF, the Parties have caused their authorized representatives to execute this Agreement for Road Use, Repair and Improvements this day of , 2019. Town of By: Title: Town Supervisor Jefferson County By: Title: OYA, LLC By: Title: APPENDIX A DESIGNATED ROADS [Must be Agreed to Prior to Construction] APPENDIX B IMPROVEMENTS AND MODIFICATIONS Please see attached figure which may be provided prior to construction. Additional minimal improvements may be made at road intersections and we will supplement this figure upon completion of our final evaluation. APPENDIXC
Excess Materials. Upon the earlier of (1) the EOL Date, (2) expiration or termination of the applicable SOW, or (3) termination of this Agreement, the [CONFIDENTIAL TREATMENT REQUESTED] (a) undelivered Goods completed in accordance with the Specifications, (b) work-in progress prepared in accordance with the Specifications and the Forecast, and (c) the excess Long Lead [CONFIDENTIAL TREATMENT REQUESTED] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. Apple-M-FLEX Master Development and Supply Agreement #C56-06-00844 Time Materials, if any, held by Supplier, [CONFIDENTIAL TREATMENT REQUESTED] (i) were purchased no earlier than required by applicable Lead-Times to fulfill the requirements of the then current (at the time of purchase by Supplier) Forecast, (ii) meet all applicable Specifications, and (iii) [CONFIDENTIAL TREATMENT REQUESTED]. Supplier will scrap any such materials so purchased upon Apple’s request, provided [CONFIDENTIAL TREATMENT REQUESTED].
