MATERIAL AVAILABILITY Sample Clauses

MATERIAL AVAILABILITY. 23.1 TAEC shall give Customer reasonable advance notice of its intent to discontinue the manufacture of those Products included in this Agreement. Such notice shall be no less than twelve (12) months in advance of the last order date. Customer shall have a twelve (12) month order placement period and must take receipt of the Products within eighteen (18) months of notification of the discontinuance.
Sample 1Sample 2Sample 3See All (8)
AutoNDA by SimpleDocs
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”).
Sample 1Sample 2Sample 3
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.
Sample 1Sample 2Sample 3
MATERIAL AVAILABILITY. Deicing materials used in this contract are a commodity, and are subject to supply and demand, beyond the control of Xxxx’s Lawn Services. If deicing materials are unavailable to Xxxx’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 Xxxx’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 Xxxx’s Lawn Services incurs as a result of a claim brought by the property owner or any third party, arising out of such occurrence. Xxxx’s Lawn Services will also not be held in breach of contract, should this situation arise. Xxxx’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.
Sample 1
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.
Sample 1
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.
Sample 1

Related to MATERIAL AVAILABILITY

  • RDDS availability Refers to the ability of all the RDDS services for the TLD, to respond to queries from an Internet user with appropriate data from the relevant Registry System. If 51% or more of the RDDS testing probes see any of the RDDS services as unavailable during a given time, the RDDS will be considered unavailable.

  • Excess Availability Borrowers shall have Excess Availability at all times of at least (i) as of any date of determination during the period from July 25, 2016 through and including August 29, 2016, $10,000,000, (ii) as of any date of determination during the period from August 30, 2016 through and including September 6, 2016, $13,000,000, (ii) as of any date of determination during the period from September 7, 2016 through and including October 2, 2016, $17,500,000, and (iii) as of any date of determination during the period from October 3, 2016 through and including December 31, 2016, $20,000,000.

  • System Availability System Availability percentage is calculated as follows:  Total MinutesintheMonth −Downtime   System Availability%age =  Total MinutesintheMonth *100    System Availability SLA (“SLA”) 99.5% System Availability percentage during each Month for productive versions Credit 2% of Monthly Subscription Fees for each 1% below SLA, not to exceed 100% of Monthly Subscription Fees Excluded Downtime Total Minutes in the Month attributable to: (i) a Scheduled Downtime for which a Regular Maintenance Window is described in Section 4 below, or (ii) any other Scheduled Downtime according to Section 4 for which the customer has been notified at least five (5) business days prior to such Scheduled Downtime or (iii) unavailability caused by factors outside of SAP’s reasonable control, such as unpredictable and unforeseeable events that could not have been avoided even if reasonable care had been exercised. Scheduled Downtime Scheduled Downtime for the applicable Cloud Services to which customer has subscribed is set forth in Section 4 below entitled “Maintenance Windows for Cloud Services”.

  • Product Availability Under no circumstances shall Company be responsible to Representative or anyone else for its failure to fill accepted orders, or for its delay in filling accepted orders, when such failure or delay is due to strike, accident, labor trouble, acts of nature, freight embargo, war, civil disturbance, vendor problems or any cause beyond Company's reasonable control.

  • Minimum Availability Borrower shall have minimum availability immediately following the initial funding in the amount set forth on the Schedule.

  • High Availability Registry Operator will conduct its operations using network and geographically diverse, redundant servers (including network-­‐level redundancy, end-­‐node level redundancy and the implementation of a load balancing scheme where applicable) to ensure continued operation in the case of technical failure (widespread or local), or an extraordinary occurrence or circumstance beyond the control of the Registry Operator. Registry Operator’s emergency operations department shall be available at all times to respond to extraordinary occurrences.

  • Service Availability You understand that Service availability is at all times conditioned upon the corresponding operation and availability of the communication systems used in communicating your instructions and requests to the Credit Union. We will not be liable or have any responsibility of any kind for any loss or damage thereby incurred by you in the event of any failure or interruption of such communication systems or services resulting from the act or omission of any third party, or from any other cause not reasonably within the control of the Credit Union.

  • Undrawn Availability After giving effect to the initial Advances hereunder, Borrowers shall have Undrawn Availability of at least $10,000,000;

  • EPP service availability Refers to the ability of the TLD EPP servers as a group, to respond to commands from the Registry accredited Registrars, who already have credentials to the servers. The response shall include appropriate data from the Registry System. An EPP command with “EPP command RTT” 5 times higher than the corresponding SLR will be considered as unanswered. If 51% or more of the EPP testing probes see the EPP service as unavailable during a given time, the EPP service will be considered unavailable.

  • Funding Availability This Contract is at all times subject to state appropriations. The Department makes no express or implied representation or guarantee of continued or future funding under this Contract. The Department has, as of the date of the execution of this Contract, obtained all requisite approvals and authority to enter into and perform its obligations under this Contract, including, without limitation, the obligation to make the initial payment or payments required to be made under this Contract on the date or dates upon which such initial payment or payments may otherwise be disbursed during the current contract period, (i.e., Sept ember 1, 2015, through August 31, 2017). The Grantee acknowledges the Department’s authority to make such payments is contingent upon the Texas Legislature's appropriation to the Department of sufficient funds and the availability of funds to the Department for such purpose. If the State of Texas or the federal government terminates its appropriation through the Department or fails to pay the full amount of the allocation for the operation of any grant or reimbursement program hereunder , or the funds are otherwise unavailable, the Department may immediately and without penalty reduce payments or terminate this Contract, in whole or in part. Upon termination of the Contract or reduction of payments, the Grantee shall return to the Department any unexpended funds already disbursed to the Grantee. Neither the Department nor the State of Texas shall incur liability for damages or any loss that may be caused or associated with such termination or reduction of payments. The Department shall not be required to give prior notice for termination or reduction of payments.

Time is Money Join Law Insider Premium to draft better contracts faster.