REJECTION AND RETURN Sample Clauses

REJECTION AND RETURN. If any of the Magnetic Separation Materials or IC Hardware supplied by Immunicon hereunder breaches any warranty herein, MProbes shall promptly notify Immunicon of such breach and may reject such Magnetic Separation Materials or IC Hardware within ninety (90) days after such breach should have reasonably been discovered and return such Magnetic Separation Materials or IC Hardware, if applicable, to Immunicon at Immunicon's expense.
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REJECTION AND RETURN. Colgate will have the right to inspect the Product within thirty days after delivery to determine whether it conforms to the specifications. If any of the Products supplied hereunder (i) do not conform to the specifications, or (ii) are defective in material or workmanship ("Defective Products"), then Colgate will notify Anchor within thirty (30) days after delivery, and, if deemed by Colgate to be rejectable hereunder, return them to Anchor, at Anchor's expense, and as the exclusive remedy for such non-conforming Products receive either a credit or refund of the purchase price paid, or replacement products, all in accordance with Colgate's direction set forth in the foregoing notice, provided that Anchor is able to verify the Defective Products.
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REJECTION AND RETURN. If any of the IMMC Conjugates or IMMC Hardware supplied by Immunicon to RDS hereunder breaches any warranty of Immunicon herein due to the fault of Immunicon and not due to any fault of RDS Technology or any substance or material supplied by RDS which is used or incorporated therein, RDS shall promptly notify Immunicon of such breach and may reject such IMMC Conjugates or IMMC Hardware within ninety (90) days after such breach should have reasonably been discovered and return such IMMC Conjugates or IMMC Hardware, if applicable, to Immunicon at Immunicon's expense.
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REJECTION AND RETURN. In the event one of Buyer's customers rejects any Products, it shall send notice of that rejection to Buyer who will promptly provide such notice to Manufacturer and, together with Manufacturer, shall review that notice and, if appropriate, agree upon corrective action. To reject a Product, Buyer shall, within the Rejection Period, notify Manufacturer in writing of its rejection and request a Return Material Authorization ("RMA") number for the rejected Products. The notice of rejection shall state the reason for the rejection, the quantity of Products rejected and the invoice number of those Products. If Manufacturer agrees with Buyer's request for an RMA number, Manufacturer shall provide the RMA number in writing to Buyer within five (5) business days after receipt of the request. Within ten (10) business days after receipt of the RMA number, Buyer shall return to Manufacturer the properly rejected Products, freight prepaid to Manufacturer, in its original shipping carton with the RMA number displayed on the outside of the carton. Provided that Manufacturer has complied with its obligations in this Section, Manufacturer reserves the right To refuse to accept any rejected Products that do not bear an RMA number on the outside of the carton. As promptly as possible, but no later than ten (10) business days after receipt by Manufacturer of properly rejected Products, Manufacturer shall, at its option and expense, either repair or replace the Products. Manufacturer shall pay the shipping charges back to Buyer for properly rejected Products, otherwise, Buyer shall be responsible for the shipping charges.
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REJECTION AND RETURN. Buyer shall have the right to reject, rework, or require correction of, any goods or materials found to be defective in material or workmanship, or otherwise not in conformity with the drawings and specifications contained or incorporated in this Order, after inspection or test at any time. Buyer will hold goods or materials rejected or required to be corrected until Buyer and Seller agree to the manner in which Seller will correct materials or Buyer may return goods or materials to Seller at Seller’s risk and expense, including transportation both ways and all handling charges. Buyer’s costs of rework or sorting such defective goods or materials, in order to keep its production lines in operation, shall be at Seller’s expense.
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REJECTION AND RETURN. TCP or its customer may, at its option, inspect the Products upon delivery for the sole purpose of identifying the Products and general verification of quantities in order to provide a basis for payment, if any. Such inspection is not acceptance of any Products. TCP or its customer may reject or return at Suppliers' risk and expense all Products that were not shipped in accordance with applicable Purchase Orders.
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Related to REJECTION AND RETURN

  • INSPECTION AND REJECTION 8.1 Purchaser shall have the right to inspect and test Products at any time prior to shipment, and within a reasonable time after delivery to the Purchaser’s Destination. Products not inspected within a reasonable time after delivery shall be deemed accepted by Purchaser. The payment for Products shall in no way impair the right of Purchaser to reject nonconforming Products, or to avail itself of any other remedies to which it may be entitled.

  • Compensation and Billing 4.1 If you are not an embedded retail generator, you agree that, subject to any applicable law:

  • Reorganization and Master/Feeder (a) Notwithstanding anything else herein, the Trustees may, in their sole discretion and without Shareholder approval unless such approval is required by the 1940 Act, (i) cause the Trust to convert or merge, reorganize or consolidate with or into one or more trusts, partnerships, limited liability companies, associations, corporations or other business entities (or a series of any of the foregoing to the extent permitted by law) (including trusts, partnerships, limited liability companies, associations, corporations or other business entities created by the Trustees to accomplish such conversion, merger, reorganization or consolidation) so long as the surviving or resulting entity is an open-end management investment company under the 1940 Act, or is a series thereof, to the extent permitted by law, and that, in the case of any trust, partnership, limited liability company, association, corporation or other business entity created by the Trustees to accomplish such conversion, merger, reorganization or consolidation, may (but need not) succeed to or assume the Trust’s registration under the 1940 Act and that, in any case, is formed, organized or existing under the laws of the United States or of a state, commonwealth, possession or colony of the United States, (ii) cause the Shares to be exchanged under or pursuant to any state or federal statute to the extent permitted by law, (iii) cause the Trust to incorporate under the laws of a state, commonwealth, possession or colony of the United States, (iv) sell or convey all or substantially all of the assets of the Trust or any Series or Class to another Series or Class of the Trust or to another trust, partnership, limited liability company, association, corporation or other business entity (or a series of any of the foregoing to the extent permitted by law) (including a trust, partnership, limited liability company, association, corporation or other business entity created by the Trustees to accomplish such sale and conveyance), organized under the laws of the United States or of any state, commonwealth, possession or colony of the United States so long as such trust, partnership, limited liability company, association, corporation or other business entity is an open-end management investment company under the 1940 Act and, in the case of any trust, partnership, limited liability company, association, corporation or other business entity created by the Trustees to accomplish such sale and conveyance, may (but need not) succeed to or assume the Trust’s registration under the 1940 Act, for adequate consideration as determined by the Trustees that may include the assumption of all outstanding obligations, taxes and other liabilities, accrued or contingent of the Trust or any affected Series or Class, and that may include Shares of such other Series or Class of the Trust or shares of beneficial interest, stock or other ownership interest of such trust, partnership, limited liability company, association, corporation or other business entity (or series thereof) or (v) at any time sell or convert into money all or any part of the assets of the Trust or any Series or Class. Any certificate of merger, certificate of conversion or other applicable certificate may be signed by any one (1) Trustee and facsimile signatures conveyed by electronic or telecommunication means shall be valid.

  • Release of Pre-Distribution Claims (a) Except (i) as provided in Section 8.1(b), (ii) as may be otherwise expressly provided in this Agreement or any Ancillary Agreement and (iii) for any matter for which any Party is entitled to indemnification or contribution pursuant to this Article VIII, each Party, for itself and each member of its respective Group, their respective Affiliates and all Persons who at any time prior to the Relevant Time were directors, officers, agents or employees of any member of their Group (in their respective capacities as such), in each case, together with their respective heirs, executors, administrators, successors and assigns, do hereby remise, release and forever discharge the other Parties and the other members of such other Parties’ Group, their respective Affiliates and all Persons who at any time prior to the Relevant Time were shareholders, directors, officers, agents or employees of any member of such other Parties (in their respective capacities as such), in each case, together with their respective heirs, executors, administrators, successors and assigns, from any and all Liabilities whatsoever, whether at Law or in equity (including any right of contribution), whether arising under any Contract, by operation of Law or otherwise, existing or arising from any acts or events occurring or failing to occur or alleged to have occurred or to have failed to occur or any conditions existing or alleged to have existed on or before the Relevant Time, including in connection with the Plan of Separation and all other activities to implement the Distributions and any of the other transactions contemplated hereunder and under the Ancillary Agreements.

  • Disposition and Termination The Depositor and the Issuer agree to notify the Escrow Agent in writing of any subscription revocations and the Initial Closing date of the Offering. Additionally, subsequent to an Initial Closing, Depositor and the Issuer agree to notify the Escrow Agent in writing of Subsequent Closing dates, if any, and of the termination of the Offering. Upon receipt of such written notification(s), the following procedures will take place:

  • Compensation and Related Matters During the Term of the Executive’s employment, as compensation and consideration for the performance by the Executive of the Executive’s duties, responsibilities and covenants pursuant to this Agreement, the Company shall pay the Executive and the Executive agrees to accept in full payment for such performance the amounts and benefits set forth below.

  • Notification and Defense of Claims The Indemnitee agrees promptly to notify the Indemnitor in writing upon being served with any summons, citation, subpoena, complaint, indictment, information, or other document relating to any Proceeding or matter which may be subject to indemnification or advancement of Expenses covered hereunder, but the failure so to notify the Indemnitor will not relieve the Indemnitor from any liability that the Indemnitor may have to Indemnitee under this Agreement unless the Indemnitor is materially prejudiced thereby. With respect to any such Proceeding as to which Indemnitee notifies the Indemnitor of the commencement thereof:

  • Liquidation and Termination On dissolution of the Company, the Majority Members may appoint one or more Members as liquidator. The liquidators shall proceed diligently to wind up the affairs of the Company and make final distributions as provided herein and in the Act. The costs of liquidation shall be borne as a Company expense. Until final distribution, the liquidators shall continue to operate the Company properties with all of the power and authority of the Members. The steps to be accomplished by the liquidators are as follows:

  • Dissolution and Termination (a) The Company shall not be dissolved by the admission of Substitute Members or Additional Members. The Company shall dissolve, and its affairs shall be wound up, upon:

  • Litigation and Related Matters The commencement of, or any material development in, any action, suit, proceeding or investigation affecting the Borrower or any of its Subsidiaries or any of their respective properties before any arbitrator or Governmental Authority, (i) in which the amount involved that the Borrower reasonably determines is not covered by insurance or other indemnity arrangement is $50,000,000 or more, (ii) with respect to any Document or any material Indebtedness or preferred stock of the Borrower or any of its Subsidiaries or (iii) which, if determined adversely to the Borrower or any of its Subsidiaries, could reasonably be expected to have a Material Adverse Effect.

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