Excess Materials Sample Clauses

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. 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. 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].

Excess Materials. Any purchased materials remaining after completion of the subject portion of the Work (such as, for example, extra paint, wall coverings or carpet) shall be properly stored and provided by the Contractor to the Owner for use in subsequent repairs. Materials should be labeled, sealed, boxed and protected as appropriate to ensure the materials remain in good condition.

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. Materials delivered in error or in excess of the quantity called for will be returned at Seller's expense.

Excess Materials. Costs of materials in excess of those actually installed but required in order 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, sold by the CMGC. Any sale shall be commercially reasonable and the CMGC 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. 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: 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.

Excess Materials. Number Three Wind and the Number Three Wind 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"). Number Three Wind agrees to remove such materials from Municipalities’ roads and intersections and stockpile them for use by the Municipalities. The Designees of the Municipalities agree to designate the place on Town, Village, or County property or such other location as the parties reasonably agree in which the Excess Materials will be stored. The majority of the Designated Road modifications and improvements will be accomplished using conventional earth excavating equipment employing traditional cut and fill procedures. Rock excavation techniques may be warranted in certain locations to achieve the required grades. Road widening within the Municipalities’ road limits shall be accomplished as follows: • After the removal of soft, wet or otherwise unsuitable materials from within the shoulder areas, the exposed sub grade of the area to be widened shall be proof-rolled with approved construction equipment such as a loaded 10-wheel tandem dump truck or loaded pan. This measure will help increase the density of the existing ground and help locate any isolated soft spots, which are too unstable to accommodate compacted fill. • Unstable areas shall, as mutually agreed to by the parties, be excavated and, prior to fill placement, an approved geogrid shall be incorporated to stabilize abridged soft areas on an as needed basis. Alternative subgrade stabilization methods other than geogrid may be proposed by Number Three Wind and approval shall not be unreasonably withheld. • New fill will not be placed on surfaces that are muddy or frozen, or have not been approved by testing and/or proof rolling. • All sloping areas upon which fill is to be placed shall be benched or "notched" so that a smooth interface between existing ground and new fill will not be present. • For permanent improvements or modifications, controlled fill slopes shall be constructed at 2.5H: 1 V slopes or flatter. All fill slopes will have final grades sloped such that surface water from precipitation is directed away from the face of the slopes. In addition, erosion matting may be used to help establish and maintain vegetative growth on the face of the slopes. • All fill areas shall be sufficiently sloped and properly sealed with a smooth drum roller at the end of each workday to...