Supplier Managed Inventory. Upon mutual agreement, Supplier will either implement a SMI program in accordance with the terms of Exhibit 3 or some other mutually agreed form of a localized stocking program. 5. SUPPLIER'S REPRESENTATIONS, WARRANTIES, AND COVENANTS NCR Confidential 5.1 Intellectual Property Rights and Title. Supplier warrants and represents that it possesses all right, title and interest in the Product necessary for Supplier to sell the Products to NCR and grant to NCR the rights and licenses for NCR’s sale of Products under this Agreement; and that the Product does not infringe any third party’s patent, copyright, trademark, trade secret or other intellectual property right, provided, however, that the foregoing warrants and represents of non-infringement will not apply to i) the combination of the Product with other products, processes or services not furnished by Supplier, unless the combination is contemplated in Supplier’s documentation for the Product or the combination is necessary for the Product to achieve its intended purpose, or ii) modifications to the Product not made by Supplier or in accordance with Supplier’s instructions, if such Claim would not have arisen but for such modification, or iii) Supplier’s compliance with NCR’s specific design, specification, drawing, instruction, for the Product itself, if such Claim would not have arisen but for such compliance, or iv) Parts purchased by Supplier from Tier 2 Suppliers pursuant to Exhibit 1, or v) Manufactured Products provided by Supplier pursuant to Exhibit 1 except for the part made by Supplier contained in the Manufactured Products. 5.2
Supplier Managed Inventory. Purchaser and Supplier agree to establish supply chain improvement teams during this Agreement in order to review, optimize and reduce costs while improving efficiency of the supply chain. Information shared by the teams will be governed by the confidentiality provisions contained in Section 19 of this Agreement. Further, during the Term of this Agreement, Purchaser and Supplier agree that they may implement an SMI program. By way of example, Exhibit C contains terms and conditions of the SMI program, which may be negotiated and mutually agreed upon by the parties if such SMI program is implemented. The SMI program will commence at such time as Supplier and Purchaser mutually agree, and Supplier and Purchaser agree to negotiate and agree upon the terms of such SMI program prior to the commencement of the SMI program. *** Portions hereof have been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment in accordance with Rule 24b-2 of the Exchange Act.
Supplier Managed Inventory. Supplier will establish a supplier managed inventory stocking location system at a Seagate-designated location on Seagate’s premises (“SMI Location”) where Supplier will maintain an inventory of its Products. Supplier will be responsible for the costs and risk of loss for its Products at the SMI Location. Supplier shall maintain [****] of inventory, or other mutually acceptable stocking level of inventory, at the SMI Location. Supplier will replenish the SMI Location to the minimum stocking levels as Seagate pulls Products. After receiving Seagate’s notice to pull Product, Supplier will have Products shipped from the SMI Location to Seagate.
Supplier Managed Inventory. HP-GSO and Suppliers shall consult with each other before implementing a Business-to-Business e-solution (Virtual Sourcing) as a means to support HP's Customers on Tape Drive products.
Supplier Managed Inventory. If noted in Exhibit A associated with a Product, Fabrinet will maintain agreed inventory levels of specified critical components and finished goods for a Product. Fabrinet will periodically replenish the Safety Stock to maintain “freshness (FIFO)” and will use its best efforts to maintain the Safety Stock at all times throughout the term of this Agreement, as applied to the relevant Product.
Supplier Managed Inventory. Upon mutual agreement, Supplier will either implement a SMI program in accordance with the terms of Exhibit 3 or some other mutually agreed form of a localized stocking program.
Supplier Managed Inventory. Purchaser and Supplier agree to establish supply chain improvement teams during this Agreement in order to review, optimize and reduce costs while improving efficiency of the supply chain. Information shared by the teams will be governed by the confidentiality provisions contained in SECTION 19 of this Agreement. Further, during the Term of this Agreement, Purchaser and Supplier agree that they may implement an SMI program. By way of example, EXHIBIT C contains terms and ---------- *** Portions hereof have been omitted and filed separately with the Commission pursuant to a request for confidential treatment in accordance with Rule 406. conditions of the SMI program, which may be negotiated and mutually agreed upon by the parties if such SMI program is implemented. The SMI program will commence at such time as Supplier and Purchaser mutually agree, and Supplier and Purchaser agree to negotiate and agree upon the terms of such SMI program prior to the commencement of the SMI program.
Supplier Managed Inventory. Fabrinet will maintain [*] of specified raw material components as mutually agreed upon by Avanex and Fabrinet in writing and not to exceed the dollar amount of [*] US dollars ($[*]USD). The dollar amount cap may be [*] provided [*]. Fabrinet will ensure that the [*] is consumed on a first-in-first-out basis, replenished in a timely fashion and will use its best efforts to maintain the required [*] at all times throughout any Term or Renewal Term of this Agreement. In order to facilitate Fabrinet’s management and tracking of the [*] requirements, Avanex will provide Fabrinet [*], and update the [*] requirements at least twice a quarter. Fabrinet will agree to purchase the [*] material and [*]. Every [*] days, Fabrinet will invoice Avanex, against its open Purchase Order, for the then-current [*] and [*]. The payment terms for the [*] will be set at [*]. In the event Avanex cancels the [*] inventory requirement or this Agreement expires or is terminated for cause of Avanex in accordance with Section 18 (Term and Termination), Avanex will allow Fabrinet to invoice for the then-current [*] inventory upon the date of termination or cancellation. Payment of any such [*] inventory invoices as set forth herein shall be Avanex’s sole liability and Fabrinet’s exclusive remedy with regards to any aged, canceled or stranded (due to termination as set forth herein) [*] inventory.
Supplier Managed Inventory. Where requested by Agilent, Flextronics and Agilent will jointly implement a Supplier Managed Inventory Program ("SMI") in a mutually agreeable time frame, and if applicable a mutually agreed cost impact. Any such "SMI' will be specified in the Addendum. A form of SMI Agreement for a "two-node supply chain" scenario, in which a supplier directly supplies products to Agilent, is provided as an example in Exhibit B. Elements of SMI will include but not be limited to:
Supplier Managed Inventory. Medtronic will give Supplier at least thirty (30) days’ notice that a Product is to be covered by Medtronic’s SMI. If SMI is utilized, the parties will execute an SMI Agreement and Medtronic will notify Supplier of current Medtronic inventory levels electronically via the SMI software (“SMI Software”) utilized by Medtronic.
