MATERIAL AVAILABILITY Sample Clauses

MATERIAL AVAILABILITY. Vendors must accept responsibility for verification of material availability, product schedules and other pertinent data prior to submission of proposal and delivery time. It is the responsibility of the vendor to notify the County immediately if the materials specified are discontinued, replaced, or not available for an extended period of time. All materials ordered by the County, shall be as needed. A sample of materials may be requested.

MATERIAL AVAILABILITY. 11.1 Subject to the terms and conditions of this Agreement, including without limitation the provisions of Sections 1.4, 11.2, 11.3, 15 and 16, Seller agrees to maintain Products (including Changed Products based thereon), or technically substantially equivalent products that are reasonably acceptable to Buyer, available for purchase or replacement, in each case, for a period of at least two (2) years after the first commercial shipment of Products (including Changed Products based thereon) by Seller to Buyer (including any Affiliate and CM) under this Agreement (“Minimum Supply Period”). 11.2 Notwithstanding anything to the contrary in this Agreement, Seller may discontinue the sale of those Products included in this Agreement (and no longer have the obligation to supply such Products), by notifying Buyer of such discontinuance in writing at any time after expiration of the Minimum Supply Period, but no less than one hundred and eighty (180) days in advance of the last order date. 11.3 In respect of Products for which notice of discontinuance has been received in accordance with Section 11.2, Buyer shall have one hundred and eighty (180) days to place a Life Time Buy (LTB) order(s) subject to Section 11.4 below, and must take receipt of the Products within twelve (12) months after expiration of such 180-day period. 11.4 After receipt of such notice of discontinuance, Buyer may determine the Life Time Buy (LTB) quantity under the following conditions: (i) The LTB Quantity shall be by mutual agreement if Buyer desires to order more than the purchased volume of Product by Buyer for the preceding eighteen (18) months; (ii) The price shall be negotiated at the ▇▇▇▇ ▇▇▇▇▇▇ gives notice of the discontinuance in light of Section 7.2 (as compared to other LTB buyers of the same discontinued Product). 11.5 Seller shall reasonably consider and endeavor to meet Buyer’s requirements for longer periods of availability than are provided above in this Section 11, subject to good faith negotiations and mutual agreement regarding reasonable business conditions (including without limitation, price). 11.6 If Seller determines that the availability of discontinued Products exceeds the LTB requirements of all its customers, then Buyer shall reasonably consider Increasing its LTB order, subject to good faith negotiations and mutual agreement regarding reasonable business conditions (Including without limitation, price).

MATERIAL AVAILABILITY. 14.1 SNI agrees to reasonably assist MSI in obtaining the required materials for MSI to perform its material obligations hereunder. This may include, but shall not be limited to, MSI acquiring materials from SNI's third party vendors or assignment of vendor contracts from SNI to MSI. This may also include the procurement from SNI of SNI's own proprietary materials which are required by MSI to fulfill its obligations hereunder. The parties agree to focus on both quality and price when ascertaining which materials are to be used by MSI, and which vendors to use, in the performance of services hereunder.

MATERIAL AVAILABILITY. The Supplier shall provide, as part of its bid proposal, predictions of the time for which the Materials listed under this Contract will continue to remain available for purchase from the Supplier or its sub-contractors including time beyond the Term of this Contract.

MATERIAL AVAILABILITY. Deicing materials used in this contract are a commodity, and are subject to supply and demand, beyond the control of ▇▇▇▇’s Lawn Services. If deicing materials are unavailable to ▇▇▇▇’s Lawn Services, service will not be provided and the impossibility of performance will be accepted by the owner, and the owner shall indemnify, defend and hold harmless ▇▇▇▇’s Lawn Services, it owners, employees and subcontractors from and against any and all claims, damages, industry standard attorney’s fees, costs and expenses which ▇▇▇▇’s Lawn Services incurs as a result of a claim brought by the property owner or any third party, arising out of such occurrence. ▇▇▇▇’s Lawn Services will also not be held in breach of contract, should this situation arise. ▇▇▇▇’s Lawn Services reserves the right to increases prices and/or add a surcharge to offset materials price increases due to supply and demand cost escalation from suppliers. If necessary, additional charges will be billed after each application.