PDM ACT Sample Clauses

PDM ACT. Kos shall use Samples in the Territory strictly in accordance with the then-current Marketing Plan and shall distribute Samples in full compliance with applicable Laws, including the requirements of the PDM Act. Specifically, Kos shall establish, maintain and adhere to written procedures designed to assure that it and its Sales Representatives comply with all requirements of the PDM Act. Such procedures shall include requirements that Kos notify BPI immediately upon learning that any Samples shipped by such Party have been lost or have not been received as scheduled, that Kos maintain records as required by the PDM Act, and that Kos allow representatives of BPI to inspect such records on reasonable request and at reasonable times. Upon reasonable advance notice to Kos not more than once per year (unless BPI reasonably believes that such use of Samples is not in accordance with this Section 3.8.3 or such inspection is requested or required by a Governmental Authority, in which case the number of inspections shall not be so limited to one per year), and in a manner that does not materially interfere with Kos's business operations, BPI shall be entitled, at its sole cost and expense, to conduct an inspection and audit of Kos's Sample distribution practices by its Sales Representatives in the Territory and any facilities where Samples are stored by Kos, provided, however, that in the case of facilities owned by a Third Party, BPI shall only have the right to inspect such facility upon the consent of the Third Party. Kos agrees to use its commercially reasonable efforts to obtain such consent.
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Related to PDM ACT

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  • HIRE Act “Indemnifiable Tax”, as defined in Section 14 of the Agreement, shall not include any tax imposed on payments treated as dividends from sources within the United States under Section 871(m) of the Code or any regulations issued thereunder. For the avoidance of doubt, any such tax imposed under Section 871(m) of the Code is a Tax the deduction or withholding of which is required by applicable law for the purposes of Section 2(d) of the Agreement.

  • Fair Labor Standards Act Any goods now or hereafter produced by such Obligor or any of its Subsidiaries included in the Collateral have been and will be produced in compliance in all material respects with the requirements of the Fair Labor Standards Act, as amended.

  • Sarbanes-Oxley Act There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

  • Xxxxxx Act Any provisions required to be contained in this Agreement by Section 126 and/or Section 130-k or Article 4-A of the New York Real Property Law are hereby incorporated herein, and such provisions shall be in addition to those conferred or imposed by this Agreement; provided, however, that to the extent that such Section 126 and/or 130-k shall not have any effect, and if said Section 126 and/or Section 130-k should at any time be repealed or cease to apply to this Agreement or be construed by judicial decision to be inapplicable, said Section 126 and/or Section 130-k shall cease to have any further effect upon the provisions of this Agreement. In a case of a conflict between the provisions of this Agreement and any mandatory provisions of Article 4-A of the New York Real Property Law, such mandatory provisions of said Article 4-A shall prevail, provided that if said Article 4-A shall not apply to this Agreement, should at any time be repealed, or cease to apply to this Agreement or be construed by judicial decision to be inapplicable, such mandatory provisions of such Article 4-A shall cease to have any further effect upon the provisions of this Agreement.

  • Competition Act Neither the aggregate value of the assets in Canada, nor the aggregate annual gross revenues from sales in or from Canada, of Corporation and its Subsidiaries exceeds C$93 million as determined in accordance with the Competition Act (Canada) and the regulations thereunder. SCHEDULE D REPRESENTATIONS AND WARRANTIES OF PURCHASER

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