Purchased Materials Clause Samples

Purchased Materials. The Sellers and Princeton Review Products, L.L.C. ("Products") shall make good faith efforts to resolve any disputed amounts invoiced to the Sellers by Products or its predecessor for course materials, products, supplies, or other goods and services, as follows: 7 28 5.5.1 At least thirty (30) days before the Closing, Products shall deliver to the Sellers a statement of all amounts outstanding that are more than ninety (90) days old. Within thirty (30) days after the Closing, Products shall deliver to the Sellers a final statement of all amounts outstanding. The Sellers shall have no liability for any amounts claimed by Products that do not appear on at least one of the statements delivered under this provision.

Purchased Materials. In the event a Performing Party acquires Materials on behalf of the Hiring Party as authorized in Section 3.1 above, the Hiring Party shall reimburse the Performing Party for the cost of Materials purchased on its behalf during the quarter. Cost of Materials shall include the supplier’s price less all discounts or rebates plus any value-added tax, sales tax, or customs duty (for which the Performing Party is unable to receive a credit or a refund), and any shipping, insurance or other charges paid to or arranged by the supplier. For this purpose, purchases shall be recognized on the date the payable liability is recognized under U.S. GAAP, without regard to the timing of the expense. As between the Parties, the payment terms specified in Section 4.4 below shall apply irrespective of payment terms or arrangements between the Performing Party and the supplier.

Purchased Materials. Customer shall pay SYNNEX the price differential, if any, of the original purchase price less the return or resale price of Purchased Materials in the event of return or resale at a loss. SYNNEX shall pay Customer the price differential, if any, of the original purchase price less the return or resale price of Purchased Materials in the event of return or resale at a gain. Customer shall also pay SYNNEX for any restocking charges, “▇▇▇▇-backs,” cancellation charges or related return or cancellation fees charged by vendors for accepting return of Purchased Materials. In the event Purchased Materials are not returned to the vendors or resold to third parties within thirty (30) days of SYNNEX’s demand for payment therefor, such Purchased Materials shall be deemed to be Custom Materials.

Purchased Materials. For all materials purchased solely to perform the extra work, and actually incorporated into the work, as required by the County, the Contractor shall receive payment either: a) of the amounts shown on the invoices which shall be submitted to the General Manager, to which will be added an amount equal to ten (10%) percent of the total of such invoices, or b) at the agreed price or prices as stated in the County's extra work order, to which no allowance will be added. In the case of re-usable materials purchased for the extra work, and which are in fact salvaged, either: a) the materials shall become the property of the County and shall be delivered by the Contractor to a location designated by the County, or b) the materials shall be retained by the Contractor, and the agreed salvage value shall be deducted from the extra work account.

Purchased Materials. DEDICATED EQUIPMENT. a. Except as otherwise provided in each PRODUCT SCHEDULE, it will be BSP’s obligation hereunder to purchase, procure, store and test at [***]expense and cost, all PURCHASED MATERIALS needed for the MANUFACTURING in accordance with this AGREEMENT, all its Appendixes and the QTA.BSP shall apply a handling/service fee of [***] for BSP’s procuring and maintaining such PURCHASED MATERIALS. b. PURCHASED MATERIALS will be procured and tested by BSP from sources as agreed on by the Parties in good faith and as set forth in the PRODUCT SCHEDULE and/or QTA. Such PURCHASED MATERIALS shall meet all PURCHASED MATERIALS SPECIFICATIONS and quality requirements set forth in writing by UGX (e.g. in the PRODUCT SCHEDULE and/or QTA). BSP will promptly inform UGX if it encounters supply problems, including delays and / or delivery of non-conforming PURCHASED MATERIALS which could affect the MANUFACTURING of DRUG PRODUCT, as set forth in the QTA. c. BSP should ensure and maintain, at [***]cost and expense, a dedicated safety stock available of any long lead-time and critical PURCHASED MATERIALS as determined by the Parties in good faith to cover unexpected volumes and/or additional quantities of DRUG PRODUCT in excess of the flexibilities granted under this AGREEMENT and the relevant PRODUCT SCHEDULE. The definition of such safety stock levels should be reviewed periodically and mutually agreed by the JOINT WORKING TEAM as it seems necessary. Inventory for such safety stocks shall be invoiced separately in advance on the basis of a shared plan that shall be initially included in the PRODUCT SCHEDULE and then discussed at the end of any CALENDAR YEAR. d. PURCHASED MATERIALS shall be invoiced separately and paid by UGX pursuant to Section 11 together with the MANUFACTURING SERVICE FEE or ADDITIONAL SERVICE fee on the basis of the volumes set forth in the BINDING FORECAST. e. UGX may decide to supply PURCHASED MATERIALS to BSP. In such a case, such PURCHASE MATERIALS shall be included in the list of FOC MATERIALS outlined in the PRODUCT SCHEDULE. f. BSP will not change PURCHASED MATERIALS suppliers or others suppliers of PURCHASED MATERIALS without the prior written consent of UGX. BSP will give UGX prior written notice of any such proposed change in accordance with the terms of the QTA. g. If requested, BSP shall maintain [***]backup (or such other mutually agreed upon quantity and costs set forth in the applicable PRODUCT SCHEDULE) of each of the change par...

Purchased Materials. Pursuant to the Purchase Agreement, Purchaser has purchased certain raw materials and packaging supplies (the "Purchased Materials"), which shall be used by Supplier to manufacture the Products hereunder. All Purchased Materials shall be used by Supplier to produce the Products on a "first in, first out" basis before Supplier uses any similar raw materials or packaging supplies purchased after the date hereof. Purchaser's cost for the Purchased Materials is the amount set forth in respect thereof on the Closing Date Inventory Statement (as defined in the Purchase Agreement) (the "Purchased Material Cost").