Material Liability. There are no liabilities of the Company, fixed or contingent, which are material but are not reflected in the financial statements or in the notes thereto, other than liabilities arising in the ordinary course of business since December 31, 1996.
Material Liability. Neither the Company nor any Company ERISA Affiliate has in the past six years incurred or reasonably expects to incur, either directly or indirectly, any material liability under Title I or Title IV of ERISA, or related provisions of the Code.
Material Liability. Encision is financially liable for any item on order, including NCNR’s, unless Encision has received Intuitive’s written pre-approval. Intuitive shall be liable for the following:
Material Liability. In the event that Buyer reduces the quantity of an Order or cancels an Order hereunder, Xxxxx shall compensate Seller for
Material Liability. BUYER agrees to be responsible for any raw material purchased as defined in the Logistics Appendix, Section 3.3.
Material Liability. The BUYER assumes liability for material purchased by the MANUFACTURER in support of the [ * ] of a forecast only. Material purchased by the MANUFACTURER to support the [ * ] of the forecast will be either applied to subsequent BUYER requirements or will be purchased at cost from the MANUFACTURER. The BUYER assumes additional liability for specific long lead material as identified in Schedule 7. In cases where material must be purchased in minimum quantities that exceed material liability limits, the BUYER will provide authorization in writing to purchase these minimum quantities.
Material Liability. In the event that Buyer reduces the quantity of an Order or cancels an Order hereunder, Buyer shall compensate Seller for 1) all actual expenses incurred in the manufacture and processing of the Order so reduced or cancelled and 2) any restocking fees, service charges, labor charges and overhead fees, the foregoing of which may include without limitation, Materials. Seller will invoice Buyer for expenses, charges and/or fees relating to such cancellation or quantity reduction within thirty (30) days of Seller’s acceptance of Buyer’s request. Seller will use commercially reasonable efforts to mitigate Buyer’s liability for charges associated with such cancellation or quantity reduction.
Material Liability. The Concedent warrants indemnifying the Concessionaire for damages, losses and expenses incurred by the Concessionaire as a result of any suit/claim brought by any third party in relation with the right to transfer the use of Concession assets and/or ownership of the Rolling stock to the Concessionaire.
Material Liability. In addition to all other remedies available hereunder or at law or equity, Buyers that supply extended forecast or sales schedules shall be responsible for: (a) the cost of finished goods for volumes specified within twelve (12) weeks of Buyer’s modifications to Products or orders or cancellations of orders, (b) the cost of work in progress for volumes specified within twenty (20) weeks of Buyer’s modifications to Products or orders or cancellations of orders, and (c) the cost of purchase materials for volumes specified within twenty-six (26) weeks of Buyer’s modifications to Products or orders or cancellations of orders.
Material Liability. Transferee shall not be subject to or be required to incur any material liability relating to the Business that has not expressly been agreed to be assumed by Transferee under this Agreement or under any Ancillary Agreement or has otherwise not been disclosed to Transferee by Transferor prior to the First Closing. For purposes of this section, a "material liability" shall be deemed to include any liability individually equal to or greater than $50,000 or in the aggregate $100,000.
