Product Substitutions. The Contractor shall not replace any ordered Product with an alternate Product without the prior consent of the Customer (e.g., no forced substitutions). The Contractor shall honor orders where the Customer agrees to use a higher-priced Product to fill the order and the Customer will be billed at the lower price of the Product that was out of stock.
Product Substitutions. Product substitution is not allowable unless pre-approved; in writing, by the State or Ordering Agency and only then may the item be shipped. The substituted item shall be of equal functionality and quality and shall not exceed the contract price of the back ordered or unavailable item. Contractor shall submit a quarterly report of all items that have been substituted.
Product Substitutions. Prior to the Continuation Decision with respect to each Product (“Substituted Product”), either Party may propose to the other Party that a [***] (“Replacement Product”) be substituted for such Product, and a meeting of the Parties shall be held within [***] of such request to determine whether to make such substitution. If the Parties [***] agree in writing to such substitution, then the Parties shall [***] the [***] terms under which such Replacement Product shall become a Product and the [***] of such Product shall become a [***] for all purposes of this Agreement. Confidential Portions of this Exhibit marked as [***] have been omitted pursuant to a request for confidential treatment and have been filed separately with the Securities and Exchange Commission. Confidential Treatment Requested by Momenta Pharmaceuticals, Inc.
Product Substitutions. A. Substitution of units/configurations MMD and the WSCA Directors acknowledge that individual units and configurations may stop being produced during the life of the resulting 216076 Highlight
Product Substitutions. Product substitution, including Cards, is not allowable unless pre-approved; in writing, by the State and only then may the item be shipped. The substituted item shall be of equal functionality and quality and must not exceed the Contract fees or unavailable item. The Contractor shall submit a daily report of all accounts that have received substitution when it takes place.
Product Substitutions. Contractor may make Product substitutions either to the internal system components, options or external peripherals as long as the substitute item is the same or better functionality at the same or lower price. Delivery order modifications will not be required. The invoice and/or packing slip will reflect the actual Product shipped NOT the Product ordered. To effect administrative savings, Procuring Agencies are instructed to make payments in accordance with this paragraph without requiring a delivery order modification. The following note will appear on the invoice when at point of order entry, the Contractor is knowledgeable of Product substitution(s). "In accordance with the Product Substitutions paragraph in the Master Price Agreement, Gateway has substituted a Product on this order. The substitution is the same or better functionality at the same or lower price."
Product Substitutions. No requests for product substitutions will be considered before award of contract unless requested through the Request for Information (RFI) process so that all bidders will be informed. Bidders wishing to obtain authorization for an or equal substitution of an equivalent material, product or equipment, shall submit all requests for or equal substitution using the form included as Attachment A to these Bidding Instructions, together with data substantiating Bidder’s representation that the non-specified item is of equal quality to the item. Requests for product substitutions not handled through the RFI process will only be considered after award of the contract and in the manner provided for in the contract documents. Authorization of an equal substitution of equivalent materials is solely within the discretion of the City and, if given, shall be made by Addendum or Change Order issued by the City. Bids shall not be based on any or equal substitution request that has not been authorized in writing by City Addendum. In the absence of a written Addendum authorizing a pre-Bid or equal substitution request, the request shall be deemed denied
Product Substitutions. There will be no substitutions of ordered product allowed unless the University has first been notified and permission granted.
Product Substitutions. Contractor may make product substitutions either to the internal system components, options or external peripherals as long as the substitute item is the same or better technology at the same or lower price. Delivery order modifications will not be required. The invoice will reflect the actual product shipped NOT the product ordered. To effect administrative savings, procuring agencies are instructed to make payments in accordance with this paragraph without requiring a delivery order modification. The following note will appear on the invoice. "In accordance with the Product Substitutions paragraph in the Master Price Agreement, COMPAQ has substituted a product on this order. The substitution is the same or better technology at the same or lower price."
Product Substitutions. Prior to the Continuation Decision with respect to each Product (“Substituted Product”), either Party may propose to the other Party that a [***] (“Replacement Product”) be substituted for such Product, and a meeting of the Parties shall be held within [***] of such request to determine whether to make such substitution. If the Parties [***] agree in writing to such substitution, then [***].
