OVERRUNS AND UNDERRUNS Sample Clauses

OVERRUNS AND UNDERRUNS. Notwithstanding anything to the contrary in this Agreement, on a Product SKU-by-Product SKU basis, the permissible overrun and underrun of a given Product SKU delivered by Parent in any given Month shall not exceed plus or minus five percent (5%) of the confirmed, aggregate amount of units of such Product SKU actually ordered in that Month, provided that the yearly overrun or underrun may not exceed plus or minus two percent (2%) of the confirmed, aggregate amount of units of such Product SKU actually ordered in any Fiscal Year. For the avoidance of doubt, such permitted overrun and underrun amounts will be calculated on a Product SKU-by-Product SKU (not manufacturing site-by-manufacturing site) basis.
Sample 1Sample 2
AutoNDA by SimpleDocs
OVERRUNS AND UNDERRUNS. Seller shall be permitted an overrun or underrun of up to five percent (5%) of the order. Buyer shall pay for the product actually shipped.
Sample 1Sample 2
OVERRUNS AND UNDERRUNS. The actual number of copies delivered under this Agreement may because of OVERRUN or UNDERRUN vary from the number ordered as set forth in the schedule below. A directory containing both alphabetical and classified sections shall be considered as one directory. If an alphabetical section of a directory is used in other directories accompanied by different classified sections, the allowable OVERRUN or UNDERRUN for each directory shall be based on such classified runs rather than on the total run for the main alphabetical section.
Sample 1
OVERRUNS AND UNDERRUNS. Variations in quantity of *** percent more or less than quantities ordered for gravure titles and *** percent more or less than quantities ordered for AMI COUNTRY MUSIC will constitute acceptable delivery, and the price will be adjusted at the over/under delivery per thousand copy price. If the work involves more than one version, the over/under percent for each version shall depend upon ordered quantity of that version, as separately quoted.
Sample 1
OVERRUNS AND UNDERRUNS. The actual number of copies delivered under this Agreement may because of OVERRUN or UNDERRUN vary from the number ordered as set forth in the schedule below. A directory containing both alphabetical and classified sections shall be considered as one directory. If an alphabetical section of a directory is used in other directories accompanied by different classified sections, the allowable OVERRUN or UNDERRUN for each directory shall be based on such classified runs rather than on the total run for the main alphabetical section. Number of Copies Ordered Allowable Overrun or Underrun 1,000 and under 2.50% 1,001 through 5,000 25 Copies or 1.25%(whichever is greater) 5,001 through 15,000 65 Copies or 1.00%(whichever is greater) 15,001 through 25,000 150 Copies or .75%(whichever is greater) 25,001 through 50,000 190 Copies or .50%(whichever is greater) 50,001 through 100,000 250 Copies or .40%(whichever is greater) 100,001 through 200,000 400 Copies or .35%(whichever is greater) 200,001 through 500,000 700 Copies or .25%(whichever is greater) 500,001 and over 1,250 Copies or .15%(whichever is greater)
Sample 1
OVERRUNS AND UNDERRUNS. The City and Commission will share cost overrun expenses equally and cost under run savings equally for total project costs eligible for cost sharing. For its share of cost overrun expenses, the City agrees that the Commission may program up to 80% STBG funds allocated to the City by the Ozarks Transportation Organization, with the remainder being City local funds. The original estimate of the City’s responsibility was nine hundred ninety-nine thousand, three hundred ninety-six dollars ($999,396.00) as noted in paragraph 9(B) of this agreement. Based on final actual project costs, the City’s actual responsibility is one million, one hundred sixty-nine thousand, nine hundred eighteen dollars and ninety-three cents ($1,169,918.93), an increase of one hundred seventy thousand, five hundred twenty-two dollars and ninety-three cents ($170,522.93). This additional amount ($170,522.93) is the responsibility of the City and the City agrees the Commission may program additional STBG funds allocated to the City in the amount of one hundred thirty-six thousand, four hundred eighteen dollars ($136,418.00), with the remaining city obligation of thirty-four thousand, one hundred four dollars and ninety-three cents ($34,104.93) from city local funds and remitted by a check payable to the Director of Revenue – Credit State Road Fund. The Commission will be responsible for all cost overruns and receive all savings for cost underruns for costs not eligible for cost sharing. The Commission’s share of any cost overruns will come from its Southwest District distributed funds.
Sample 1
OVERRUNS AND UNDERRUNS. Overruns and underruns are not acceptable, unless otherwise authorized in writing by the customer.
Sample 1
AutoNDA by SimpleDocs
OVERRUNS AND UNDERRUNS. Unless otherwise specified by Seller in writing, overruns or underruns of up to ten percent of the total amount of Product purchased under the Agreement shall be deemed conclusively to constitute fulfillment of the Agreement, provided that Seller shall invoice Buyer for the amount of Product actually delivered.
Sample 1
OVERRUNS AND UNDERRUNS. Printer will endeavor to print the quantities ordered by Customer but variations in quantity of 10% more or less will be acceptable delivery and the price will be adjusted pro rata, exclusive of make readies.
Sample 1

Related to OVERRUNS AND UNDERRUNS

  • Allowable Costs and Audit Requirements 11 4.1 ALLOWABLE COSTS 11 4.2 AUDITS AND FINANCIAL STATEMENTS 11 4.3 SUBMISSION OF AUDITS AND FINANCIAL STATEMENTS 12 ARTICLE V. WARRANTY, AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS 12 5.1 WARRANTY 12 5.2 GENERAL AFFIRMATIONS 13 5.3 FEDERAL ASSURANCES 13 5.4 FEDERAL CERTIFICATIONS 13 5.5 STATE ASSURANCES 13 ARTICLE VI. INTELLECTUAL PROPERTY 13 6.1 OWNERSHIP OF WORK PRODUCT 13 6.2 GRANTEE’S PRE-EXISTING WORKS 14 6.3 THIRD PARTY IP 14 6.4 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS 14 6.5 DELIVERY UPON TERMINATION OR EXPIRATION 14 6.6 SURVIVAL 15 6.7 SYSTEM AGENCY DATA 15 ARTICLE VII. PROPERTY 15

  • Allocation of Defense Costs If an Indemnifying Party has elected to assume the defense of a Third-Party Claim, then such Indemnifying Party shall be solely liable for all fees and expenses incurred by it in connection with the defense of such Third-Party Claim and shall not be entitled to seek any indemnification or reimbursement from the Indemnitee for any such fees or expenses incurred by the Indemnifying Party during the course of the defense of such Third-Party Claim by such Indemnifying Party, regardless of any subsequent decision by the Indemnifying Party to reject or otherwise abandon its assumption of such defense. If an Indemnifying Party elects not to assume responsibility for defending any Third-Party Claim or fails to notify an Indemnitee of its election within thirty (30) days after receipt of a notice from an Indemnitee as provided in Section 4.5(a), and the Indemnitee conducts and controls the defense of such Third-Party Claim and the Indemnifying Party has an indemnification obligation with respect to such Third-Party Claim, then the Indemnifying Party shall be liable for all reasonable fees and expenses incurred by the Indemnitee in connection with the defense of such Third-Party Claim.

  • Adjustments to Required Subordinated Percentages and Amount (a) On any date, the Issuer may, at the direction of the Beneficiary, change the Required Subordinated Percentage of Class B Notes, the Required Subordinated Percentage of Class C Notes or the Required Subordinated Percentage of Class D Notes, in each case for the Class A(2019-2) Notes, without the consent of any Noteholders; provided that the Issuer has received written confirmation from each applicable Note Rating Agency that the change in such percentage will not result in a Ratings Effect for any Tranche of Outstanding DiscoverSeries Notes.

  • CHANGES REQUESTED BY LENDER If, in connection with obtaining financing for the Project, the lender shall request reasonable modifications in this Lease as a condition to the financing, Tenant will not unreasonably withhold or delay its consent, provided that the modifications do not materially increase the obligations of Tenant or materially and adversely affect the leasehold interest created by this Lease.

  • Intent to Limit Charges to Maximum Lawful Rate In no event shall the interest rate or rates payable under this Agreement, plus any other amounts paid in connection herewith, exceed the highest rate permissible under any law that a court of competent jurisdiction shall, in a final determination, deem applicable. Borrower and the Lender Group, in executing and delivering this Agreement, intend legally to agree upon the rate or rates of interest and manner of payment stated within it; provided, however, that, anything contained herein to the contrary notwithstanding, if said rate or rates of interest or manner of payment exceeds the maximum allowable under applicable law, then, ipso facto, as of the date of this Agreement, Borrower is and shall be liable only for the payment of such maximum as allowed by law, and payment received from Borrower in excess of such legal maximum, whenever received, shall be applied to reduce the principal balance of the Obligations to the extent of such excess.

  • General Conditions Costs Construction Manager is entitled to receive payment for the actual cost of the allowable General Conditions items incurred after receipt of a Notice to Proceed with Construction from the Owner through Substantial Completion of the Project plus thirty (30) calendar days. Construction Manager is not entitled to reimbursement for General Conditions Costs incurred before receipt of the Notice to Proceed. General Conditions Costs incurred after Substantial Completion must be approved in advance by the Owner. Allowable General Conditions items are identified below and by attached exhibit. These items shall be included in the General Conditions cost amount shown as a line item in the Guaranteed Maximum Price Proposal and as detailed on the schedule of values. Items not specifically included below or in the exhibit will not be allowed as a General Condition costs.

  • Cost Overruns The Borrower shall ensure that all cost-overruns over the estimated construction costs of the Project as certified by a quantity surveyor or the Architect or as ascertained by the Lender as and when they occur shall be funded by the Borrower’s own equity;

  • Illegal or Unauthorized Payments; Political Contributions Neither the Company nor any of its Subsidiaries nor, to the best of the Company’s knowledge (after reasonable inquiry of its officers and directors), any of the officers, directors, employees, agents or other representatives of the Company or any of its Subsidiaries or any other business entity or enterprise with which the Company or any Subsidiary is or has been affiliated or associated, has, directly or indirectly, made or authorized any payment, contribution or gift of money, property, or services, whether or not in contravention of applicable law, (i) as a kickback or bribe to any Person or (ii) to any political organization, or the holder of or any aspirant to any elective or appointive public office except for personal political contributions not involving the direct or indirect use of funds of the Company or any of its Subsidiaries.

  • Maximum Capital Expenditures Borrower and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures per Period Fiscal Year ending on or about March 31, 2006 and each Fiscal Year ending thereafter $ 5,000,000 (b) [Intentionally Deleted]

  • Allowable Costs Allowable Costs are restricted to costs that comply with the Texas Uniform Grant Management Standards (UGMS) and applicable state and federal rules and law. The Parties agree that all the requirements of the UGMS apply to this Contract, including the criteria for Allowable Costs. Additional federal requirements apply if this Contract is funded, in whole or in part, with federal funds.

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