SUPPLY OF THE PRODUCTS. 2.1 Qubit shall, during the Subscription Term, supply the Products on and subject to the terms of this Agreement. Qubit undertakes that the Products will be supplied with reasonable and professional skill and care and in accordance with the SLA and Privacy Policy, provided that such undertaking shall not apply to the extent of any non-conformance that is caused by use of the Products contrary to Qubit’s instructions, written or oral, or any modification or alteration of the Products or Script by a party other than Qubit or Qubit's duly authorized partners, contractors or agents. The Products are provided “as-is” subject to reasonable defect.
SUPPLY OF THE PRODUCTS. Before the [***], STADA and ALVOTECH agree and undertake to each other to enter into a Supply Agreement which shall incorporate the following commitments:
SUPPLY OF THE PRODUCTS. The Parties acknowledge and agree that IceCure shall retain the exclusive right to make and have made the Product. No later than September 30th of each calendar year during the Term, Terumo shall submit a non-binding good faith rolling Forecast of Terumo’s anticipated quarterly demand of the Products for the coming calendar year for the Territory(the “Forecast”). IceCure shall notify Terumo within five (5) Business Days from the receipt of the Forecast if it expects it will not be able to fulfill the Forecast and thereafter the Parties shall discuss the Forecast in good faith. IceCure will be deemed to have accepted the Forecast unless IceCure notifies Terumo of said non-fulfillment expectation within five (5) Business Days from the receipt of the Forecast. Subject to the terms of this Agreement, IceCure shall manufacture or have manufactured and supply or have supplied and maintain a capacity of manufacturing to fulfill the accepted Forecast, for the Territory, and Terumo shall purchase from IceCure Product for sale in the Territory in accordance with the terms and conditions of this Agreement.
SUPPLY OF THE PRODUCTS. 3.1 Alco undertakes to acquire the Product for the territory exclusively from Sicor and Sicor undertakes to sell the Product destined for clients within the territory exclusively to Alco.
SUPPLY OF THE PRODUCTS. 4.1. GENTA shall supply the Products to IDIS on a consignment basis in accordance with the terms and conditions of this Agreement to the exclusion of any terms and conditions of sale submitted at any time by either party and whether printed or sent with any order form, delivery note, invoice or otherwise. GENTA shall be responsible for insuring the Products while in transit to IDIS. IDIS shall be responsible for adequately insuring the Products upon receipt thereof. For clarity, title or ownership of the Products shall not pass to IDIS but shall pass directly to the consumer. IDIS shall indicate to any third parties that its inventory of Product is owned by GENTA.
SUPPLY OF THE PRODUCTS. 3.1 The Supplier shall ensure that the Products shall:
SUPPLY OF THE PRODUCTS. No later than the first day of each Quarter, the Distributor shall provide SmarTire with the Distributor's forecast of the number of each type of the Products that the Distributor expects to purchase from SmarTire for delivery during the following month and quarter.
SUPPLY OF THE PRODUCTS. 1 SCOPE OF WORK: SUPPLY OF THE PRODUCTS 2 RESTRICTIONS ON THE USE OF THE PRODUCTS 3 GRANT OF LICENSE ON THE SOFTWARE AND RELEVANT RESTRICTIONS 4 TESTING 5 PRICE AND PAYMENT OF THE PRICE 6 RETENTION OF TITLE ON THE PRODUCTS 7 DELIVERY AND SHIPMENT OF THE PRODUCTS 8 WARRANTY 9 LIMITATIONS OF CETENA LIABILITY 10 INFRINGEMENT CLAIMS 11 SPECIFICATIONS 12 MAINTENANCE SERVICES SECTION D: MAINTENANCE SERVICES 1 SCOPE OF WORK: MAINTENANCE SERVICES 2 CONDITIONS PRECEDENT TO THE SUPPLY OF THE SERVICES BY CETENA 3 AVAILABILITY HOURS AND LANGUAGES SECTION E: GENERAL PROVISIONS 1 CETENA WITHDRAWAL RIGHT 2 SINGLE RISK ASSESSMENT DOCUMENT (“DUVRI”) 3 INTELLECTUAL PROPERTY RIGHTS
SUPPLY OF THE PRODUCTS. Any individual sales agreement of the Products shall become effective when Kou places an order to Otsu for shipment of the Products and such order is approved by Otsu orally or in writing. Otsu shall deliver the Products to such place as designated by the order.
SUPPLY OF THE PRODUCTS. For purpose of this Agreement, the “Products” mean the specified Ultra Sonic motors as described in Exhibit A and its modified version agreed in writing by the Parties. Subject to the terms and conditions herein contained, Supplier agrees to sell the Products and its control device to Iradimed, Iradimed agrees to purchase the Products and its control device from the Supplier. Supplier further agrees to not sell the Products to any other third party as long as Iradimed perform the yearly minimum purchase obligation as stipulated in Article 3. Also, the Parties confirmed and agreed that the Products have been or will be designed and manufactured by Supplier with Iradimed specification and requirements input, Ultra sonic motors as Exhibit A have been modified and improved from prototype as follows; (i) ****, (ii) ****, (iii) ****, (iv) ****, and (v) ****. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR CERTAIN REDACTED PROVISIONS OF THIS AGREEMENT AND, WHERE APPLICABLE, HAVE BEEN MARKED WITH AN ASTERISK (****) TO DENOTE WHERE OMISSIONS HAVE BEEN MADE. THE CONFIDENTIAL PORTION HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. Therefore, the Parties confirmed that the Ultra sonic motors described in Exhibit A may be, from time to time, modified thereafter. Provided, however, that, such modifications shall be valid only by an Agreement in writing signed by the Parties.
