Inventory Levels. At all times during the term of the Loan, Borrower shall maintain (or cause the Operating Lessee to maintain and to pledge the same in full to Lender) inventory levels of linens; tableware; kitchen utensils and equipment; and tables, chairs and equipment for the Property, which are appropriate for a hotel similar to the hotel situate on the Property and located in such hotel’s market, as determined by Lender in its reasonable judgment, but in no event less than the levels required pursuant to the Management Agreement and the Hotel Franchise Agreement (if any) respecting the Property.
Inventory Levels. For purposes of maintaining continuity of supply of PPF, each of Bayer and Supplier shall maintain at least [***] of Bayer’s requirements for PPF at their respective facilities, based on the forecasts provided by Bayer in accordance with Section 2.2 above, in inventory (each an “Inventory Reserve”) for distribution to Bayer in the event that Supplier is unable for any reason to supply the Binding Forecast in accordance with the delivery dates set forth in the Purchase Orders issued by Bayer in accordance with Section 2.3 above; provided that Supplier shall have no liability to Bayer pursuant to Subsections (b) and (e) of Section 11.4 for any failure to deliver PPF hereunder to the extent Bayer has depleted, through no fault of Supplier, its Inventory Reserve to supply its actual needs for PPF in excess of the Binding Forecasts solely in circumstances where Supplier has been unable to accommodate Bayer’s requirements for PPF pursuant to Section 2.2 hereof. Such Inventory Reserves shall be maintained in accordance with the storage specifications set forth in Exhibit C, which specifications shall not be changed without the prior written consent of Bayer. Bayer represents and warrants to Supplier that as of the Effective Date there is sufficient inventory on hand at Supplier’s facility both for Supplier to meet its Inventory Reserve and for Supplier to supply Bayer with Bayer’s Inventory Reserve. In the event that Supplier is unable for any reason to supply the Binding Forecast in accordance with the delivery dates set forth in the Purchase Order issued by Bayer in accordance with Section 2.3 above, the Inventory Reserve maintained by Supplier at its facility shall be used first on a first in, first out basis to meet Supplier’s delivery requirements. Thereafter, Bayer shall utilize PPF from inventory stored at Bayer’s facility on a first in, first out basis. Notwithstanding anything to the contrary herein, in the event that the Inventory Reserve of either Bayer or Supplier is used to meet Supplier delivery requirements, Supplier shall use its reasonable best efforts to replace such quantities used in order to replace the Inventory Reserve requirements pursuant to this Section 2.5. *** CONFIDENTIAL TREATMENT REQUESTED
Inventory Levels. As of the Closing Date, the inventory of Operating Equipment and Operating Supplies will be in amounts which are at least equal to the normal and customary levels of such inventories historically maintained by the Hotel during the month in which the Closing occurs, and all rooms will be consistently furnished and equipped with items in good condition and repair (ordinary wear and tear expected).
Inventory Levels. Path will maintain inventory at a level that is sufficient to satisfy reasonably expected demand for the Products.
Inventory Levels. Supplier shall use its best efforts to maintain inventory levels of raw materials of a sufficient quantity of Supplied Products to meet purchase order requirements on a timely basis.
Inventory Levels. The Distributor agrees to maintain an inventory equal to at least fifteen percent (15%) of the mutually agreed upon annual objective, in various profiles and colors, to adequately serve the needs of its customers.
Inventory Levels. During the term of this Agreement, Wholesaler shall maintain at all times a stock of Products sufficient to supply the demand of Customers; provided, however, such stock shall not be less than [***], nor more than [***], of Wholesaler's expected sales to Customers as determined by its Customary Practice, unless otherwise agreed by FHPC in writing in advance. Wholesaler shall have no obligation to maintain the minimum Inventory Level of a particular Product if such Product is unavailable from FHPC. If Transitional Inventory exceeds the Inventory Levels of this section, Wholesaler shall reduce its inventory each month an amount equal to [***] of the Transitional Inventory minus the targeted Inventory Level (not to exceed [***]) for a period of [***] or such other amounts and time periods as mutually agreed upon by FHPC the parties.
Inventory Levels. 35 SECTION 20. INDEMNIFICATION/LIMITATION OF LIABILITY AND PROCEDURES FOR CLAIMS.......................... 35 SECTION 20.1 Indemnification............................................................................ 35 SECTION 20.2
Inventory Levels. During the Term, unless otherwise agreed to by Dyax in writing (including via email or other electronic communication) and subject to Section 5.2, US Bio shall maintain at all times an inventory of Product in an amount equal to not less than [*****] nor more than [*****] of [*****].
Inventory Levels. Heska shall maintain a commercially reasonable supply of Product to meet the demands of End Users, taking into account the order and shipping lead times set forth in this Agreement.
