Sample Product Clause Samples
The "Sample Product" clause defines the terms under which a sample of a product is provided to a party, typically before a full purchase or contract commitment. This clause usually specifies the nature of the sample, the conditions for its delivery, and any limitations on its use, such as for evaluation or testing purposes only. By clearly outlining these terms, the clause helps manage expectations, prevents misuse of the sample, and ensures both parties understand the scope and purpose of providing the sample product.
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Sample Product. AstraZeneca shall supply and Prometheus shall purchase Sample Product, as set out in Schedule L (Purchase Price). The Sample configuration in place as of the Effective Date (i.e., two (2) bottles per carton, six (6) capsules per bottle, the "Twin Pack Configuration") will be converted to a one (1) bottle configuration (six (6) capsules per bottle) (the "Single Bottle Configuration") upon the consumption of all inventory of, and other material existing as of the Effective Date for, the Twin Pack Configuration which in no event shall be more than one hundred and twenty thousand (120,000) units of the Twin Pack Configuration. AstraZeneca and Prometheus may work together to explore new Sample package configurations at any time after the implementation of the Single Bottle Configuration. No other Sample package configuration mutually agreed upon by the Parties during the Term shall be implemented prior to the consumption of all inventory and other material *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. related to the Sample package configuration being replaced. Notwithstanding the foregoing sentence, Prometheus shall be financially responsible for all costs in connection with such configuration changes (except for the conversion to the Single Bottle Configuration), including, reasonable costs for obsolescence of raw materials, goods-in-process, packaging materials and supplies that cannot be used by AstraZeneca, provided that Prometheus has been advised of, and agreed in writing to, all such costs prior to any configuration changes. Prometheus shall distribute the Sample Product solely as samples for Promotion, free of charge to its customers and for no other purpose. Prometheus shall keep complete and accurate records of the Sample Product distributed by Prometheus in the Territory for a period of up to [***] years from distribution of such Sample Product. At the request of Prometheus at any time after the implementation of the Single Bottle Configuration, AstraZeneca and Prometheus will discuss in good faith the possibility of transferring responsibility for the packaging of Samples from AstraZeneca to Prometheus; provided, however, that AstraZeneca will have no obligation to make any change to the responsibility for Sample packaging or to modify any terms of this Agreement related to packaging Samples.
Sample Product. A new paragraph is added at the end of Section 4 of the Agreement as follows: "CTC agrees to produce an initial run of machine assembled samples of the Additional Products and their packaging (the "Additional Product Samples") for Client to inspect. Client shall promptly inspect the Additional Product Samples and determine whether issues with respect to functionality, performance, fit and finish of the Additional Product Samples have been resolved by CTC and authorize the manufacture of the Additional Products. Client will use its reasonable commercial efforts to cooperate with CTC and will not unreasonably withhold or delay such authorization. Notwithstanding the foregoing, if CTC does not provide Client with Additional Product Samples that are satisfactory to Client within forty-five (45) days of the date hereof, Client may terminate this Agreement as to the Additional Products. The parties acknowledge that CTC may not commence manufacture until the Additional Product Samples have been approved, and that initial delivery dates may therefore be deferred by CTC to allow time for Additional Product Samples approval, ramp-up of the factory and surface shipping to Port of Los Angeles."
Sample Product. Upon the conditions Section 2(a) and Section 2(b) have been fulfilled for each LICENSED PRODUCT, AVANEX shall sell 3 sets of LICENSED PRODUCT's samples to FUJITSU, if FUJITSU wishes to purchase. Such product's samples shall be made based on DESIGN INFORMATION given to FUJITSU and their performance shall be in accordance with the specifications set forth in Section 2(a). The purchase shall be with a separate purchase order.
Sample Product. Notwithstanding anything to the contrary in this Section 4.1, Equateq will sell API that is incorporated into Sample Product to Amarin at [***] of the API Price applicable at that time subject to the terms of either Option A, B or C set forth in this Section 4.1(e) with respect to the time period prior to the [***]. Prior to [***], Amarin shall select either Option A, B or C in writing, which Option shall apply until the [***]. In any case, the quantities purchased in accordance with this Section 4.1(e) shall be in addition to the applicable Minimum Purchase Requirement, if any, to be purchased by Amarin. This Section 4.1(e) shall terminate upon the early termination of Section 3.7 in accordance with Section 3.7(c). Such price shall apply for volumes of such purchases up to [***] of [***] made during a [***]. For the avoidance of doubt, the Minimum Purchase Requirements shall not be increased from the quantities set forth in Section 3.3 if Amarin selects OPTION A.
(i) For time periods associated with the Minimum Purchase Requirements, such price shall apply for volumes of such purchases up to [***] of the applicable Minimum Purchase Requirement for such time period.
(ii) In the event Amarin selects OPTION B, each of the Initial Minimum Purchase Requirement, Second Minimum Purchase Requirement, Third Minimum Purchase Requirement and Fourth Minimum Purchase Requirement shall be increased by [***] (i.e. the Initial Minimum Purchase Requirement would be [***], the Second Minimum Purchase Requirement would be [***], and each of the Third Minimum Purchase Requirement and Fourth Minimum Purchase Requirement would be [***]).
Sample Product. FCI may provide a no-cost Product to Buyer to allow Buyer to assess the appropriate use and functionality of the Product (“Sample Product”). The quantity of Sample Product requested by and provided to Buyer must not exceed the amount reasonably necessary for the adequate evaluation of the Product. Buyer represents and warrants that it shall not bill or seek reimbursement for a Sample Product from any patient, third-party payor, or other individual or entity.
Sample Product. CTC has hand assembled a Product prototype (the "Prototype"). CTC agrees to produce and initial run of machine assembled samples of the Product and its packaging (the "Samples") for Client to inspect. Client shall promptly inspect the Samples and determine whether issues with respect to functionality, performance, fit and finish of the Samples have been resolved by CTC and authorize the manufacture of the Product. Client will use its reasonable commercial efforts to cooperate with CTC and will not unreasonably withhold or delay such authorization. Notwithstanding the foregoing, if CTC does not provide Client with Samples that are satisfactory to Client within thirty (30) days of the date hereof, Client may terminate this Agreement in its entirety. The parties acknowledge that CTC may not commence manufacture until the Samples have been approved, and that initial delivery dates may therefore be deferred by CTC to allow time for Sample approval, ramp-up of the factory and surface shipping to Port of Los Angeles. 5.
Sample Product. “Sample Product” shall mean Avasoft shall provide Piancone certain sample products as an incentive to purchase Products pursuant to Avasoft’s Machine Incentive Program, as adjusted by Avasoft from time to time, with each pallet of Avasoft Brand ice cream product and machine ordered (refer to Section 4.5 below).
Sample Product. ATI will provide Purchaser with a reasonable number of Radon graphics chips, bridge chips and complete board samples to enable Purchaser to test, evaluate and manufacture prototypes of the IG graphics boards and products developed by Purchaser. Samples will be delivered to Purchaser as available, at a mutually agreed time and place, for each new chip design and with each new turn. Nominally these deliveries will be at schedule points designated by ATI as "sample" availability and "production" availability. The anticipated schedule for delivery of sample chips and boards is as follows: 8200 samples - immediately upon execution of the Agreement 8200 production - mid September 2001 8300 samples - first week of January 2002 8300 production - first week of April 2002 8350 samples - tbd 8350 production - tbd
Sample Product. In addition to the marketing incentives noted above, the Distributor shall be entitled to receive sample product equal to [###]* percent ([###]*) of the net purchase price for any given order placed. The expressed purpose of this product is solely for providing free product sampling to physicians to promote new accounts, trial and ongoing personal use by physicians and their staff to the extent applicable. The Distributor agrees that such product will be used only for such purpose, will be separately tracked and will not be re-sold by Distributor.