PRODUCT SUBSTITUTION. In the event a specified manufacturer’s Product listed in the Contract becomes unavailable or cannot be supplied by the Contractor for any reason (except as provided for in the Savings/Force Majeure Clause) a Product deemed in writing by the Commissioner to be equal to or better than the specified Product must be substituted by the Contractor at no additional cost or expense to the Authorized User. Unless otherwise specified, any substitution of Product prior to the Commissioner’s written approval may be cause for cancellation of Contract.
PRODUCT SUBSTITUTION. All items delivered during the life of the contract shall be of the same type and manufacture as specified unless specific approval is given by Government Support Services to do otherwise. Substitutions may require the submission of written specifications and product evaluation prior to any approvals being granted.
PRODUCT SUBSTITUTION. All items delivered during the life of the contract shall be of the same type and manufacture as specified or accepted as part of the bid proposal unless specific approval is given by the Delaware Department of Education to do otherwise. However, awarded vendors are highly encouraged to offer any like substitute product (s); either generic or brand name, at any time during the subsequent contract term, especially if an opportunity for cost savings to the state exists. In such cases, the state may require the submission of written specifications and/or product samples for evaluation before any approvals being granted.
PRODUCT SUBSTITUTION. The parties agree that the ethanol produced at the MCP Production Facilities and the ethanol produced at the LS Production Facilities will be considered fungible and interchangeable for purposes of product distribution under this Agreement. MCP will not brand, label, or otherwise identify any ethanol sold under this Agreement differently because that ethanol was produced at the LS Production Facilities, as opposed to being produced at the MCP Production Facilities.
PRODUCT SUBSTITUTION. The unauthorized delivery of goods or services that do not meet the contractual requirements, and for which the supplier charges as if contractual specifications had been met, is known as “product substitution.” Product substitution is a violation of the contract and can be considered fraud. The following acts are considered product substitution: (i) Providing inferior quality or substandard raw materials and finished products; (ii) Substituting generic or foreign‐made products when particular brand names or domestically produced products (Buy American) are required in the contract specifications; (iii) Submitting for compliance testing, samples or items that are notrepresentative of actual production materials or products; (iv) Substituting used or refurbished products without authorization.
PRODUCT SUBSTITUTION. In the event that (i) a Product is discontinued as set forth in Section 8.2.2, (ii) APP determines that it will no longer sell a Product in the Territory pursuant to Section 8.2.3, or (iii) MDCO determines that it will no longer sell the Product in the Territory pursuant to Section 8.2.4, the Parties shall amend Exhibit C to substitute another pharmaceutical product to replace such Product in Exhibit C according to the following procedure: [**]. MDCO shall have [**] days to approve such a substitution in writing. In the event that MDCO does not approve such a substitution, the Parties shall negotiate in good faith to agree on a substitute product.
PRODUCT SUBSTITUTION. Any modification of other items, designs, materials, products or equipment (including Government Furnished Property or Government Furnished Material), made necessary because of a substitution, shall be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the Contractor's responsibility for such modification. Any and all substitutions will be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.
PRODUCT SUBSTITUTION. If during the course of the research it becomes clear to Bayer that development of a Factor VIII Product is not technically or commercially feasible, then Bayer can at its option switch to development of a Product from one of the Additional Genes under the same terms as this Agreement and with no payment of an option fee. The budget will be revised as appropriate to account for the change in the Research Program, however the minimum amounts stated above shall not change.