Test Products Sample Clauses

Test Products. If the parties mutually agree to commercialize a Test Product in the Territory, they shall discuss in good faith any appropriate adjustments to the terms and conditions of any applicable Direct License or JV License entered into pursuant to clause 2.2 or the Distribution Agreement that are necessary to enable the JV to commercialize such Test Product, as well as any appropriate adjustments to clause 2.2 or the definitions of the License Agreement, Direct License, JV License and/or Distribution Agreement (or the definitions of terms referenced therein). Any such adjustment shall be effective only following the execution by both parties of a written amendment to one (1) or more of: this agreement, any applicable Direct License or JV License entered into pursuant to clause 2.2 or the Distribution Agreement, as applicable. For clarity, it is not anticipated that any such adjustment will involve changes to any portions of this agreement other than clause 2.2 or the definitions of Direct License, JV License, License Agreement and/or Distribution Agreement (or the definitions of terms referenced therein).
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Test Products. Com21 agrees to provide to Philips, for no longer than four (4) months, as a bailee, one (1) unit of each New Com21 Product to perform qualification testing. All New Com21 Products furnished by Com21 to Philips under this Section 2.3.1.1 (Test Products) ("Bailed Property") shall: (i) be clearly marked or tagged as Com21's property; (ii) be and remain personal property and not become a fixture to real property; (iii) be subject to inspection by Com21 at any time; (iv) be used only for qualification testing by Philips; (v) be kept free of liens and encumbrances; (vi) be kept separate from other materials, tools or property of or held by Philips; (vii) not be modified in any manner by Philips; and (viii) shall be stored in a safe place and environment. In the event Philips uses the Bailed Property for any purpose other than to conduct qualification testing as specified herein without Com21's prior written consent, Philips agrees to purchase such Bailed Property at Com21's list price for such Bailed Property. Com21 shall retain all rights, title and interest in and to the Bailed Property and Philips agrees to treat and maintain the Bailed Property with at least the same degree of care as Philips uses with respect to its own valuable equipment. Philips shall bear all risk of loss or damage to the Bailed Property until it is returned to Com21. Upon Com21's request, Philips shall promptly return and deliver all Bailed Property to Com21 in good condition, normal wear and tear excepted, without cost to Com21 (exclusive of freight costs); Com21 shall determine the manner and procedure for returning the Bailed Property and shall pay the corresponding freight costs. Philips waives any legal or equitable right it may have to withhold the Bailed Property and Philips agrees to execute all documents or instruments evidencing Com21's ownership of the Bailed Property as Com21 may from time to time request.
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Test Products. Distributor shall make available Products that are used or sold by Operators in connection with any tests to be conducted by an Operator at any Retail Outlet (“Test Products”).
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Test Products. Prior to manufacturing any batch of Product, Supplier will manufacture [***] test plates using the batch of Antibody and batch of Uncoated Plates provided by Buyer that Supplier will use to manufacture the new batch of Product. Supplier shall perform quality control inspection and testing of the test plates in order to confirm their compliance with the Specifications and the adequacy of their performance in running the T-SPOT.TB assay. All such testing shall be completed within twenty-one (21) calendar days of Buyer’s delivery to Seller of a firm order and the delivery of the Antibody and Uncoated Plates to be used to manufacture the firm order. Supplier shall promptly notify the Buyer in writing of the results of such testing. If the test plates are satisfactory, Supplier shall use that batch of Antibody and that batch of Uncoated Plates to manufacture the batch of Product covered by the firm order. If the test plates are not satisfactory, Buyer may either request preparation of additional test plates from the same batch of Antibody and the same batch of Uncoated Plates or may replace the batch of Antibody and batch of Uncoated Plates (or either of them) with a fresh batch before having new test plates prepared. If Buyer requests that additional test plates be prepared from the same batches of components and the second set of test plates is also unsatisfactory, Buyer may, in addition to providing fresh batches of Antibody and Uncoated Plates, invoke the root cause analysis/defective Product resolution procedure set forth in Clause 7.6 hereof. THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [***] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
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Test Products. Cisco agrees to provide to Interphase, as a bailee, such Cisco router, switch and concentrator products with FDDI interfaces, as determined by Cisco in its sole discretion, to perform the interoperability testing in accordance with the Interoperability Testing Guidelines. All products including, without limitation, designs and materials, furnished by Cisco to Interphase under this Section 10.1 (Test Products) ("Bailed Property") shall: (i) be clearly marked or tagged as Cisco's property; (ii) be and remain personal property and not become a fixture to real property; (iii) be subject to inspection by Cisco at any time; (iv) be used only for interoperability testing among the FDDI Adapter Products; (v) be kept free of liens and encumbrances; (vi) be kept separate from other materials, tools, or property of or held by Interphase; (vii) not be modified in any manner by Interphase; and (viii) shall be stored in a safe place and environment. In the event Interphase uses the Bailed Property for any purpose other than to conduct interoperability testing as specified herein without Cisco's prior written consent, Interphase agrees to purchase such Bailed Property at Cisco's list price for such Bailed Property. Cisco shall retain all rights, title and interest in the Bailed Property, and Interphase agrees to treat and maintain the Bailed Property with at least the same degree of care as Interphase uses with respect to its own valuable equipment. Interphase shall bear all risk of loss or damage to the Bailed Property until it is returned to Cisco. Upon Cisco's request, Interphase shall promptly return and deliver all Bailed Property to Cisco in good condition, normal wear and tear excepted, without cost to Cisco (exclusive of freight costs); Cisco shall determine the manner and procedure for returning the Bailed Property and shall pay the corresponding freight costs. Interphase waives any legal or equitable right it may have to withhold the Bailed Property and Interphase agrees to execute all documents or instruments evidencing Cisco's ownership of the Bailed Property as Cisco may from time to time request.
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Related to Test Products

  • Recycled Products The Provider shall procure any recycled products or materials, which are the subject of or are required to carry out this Contract, in accordance with the provisions of sections 403.7065, F.S.

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Manufacture of Products All Products marketed through Grantor's Web ------------------------- Site shall be manufactured, packaged, prepared, and shipped in accordance with the specifications and requirements described on Exhibit A hereto as it may be modified from time to time. Quality control standards relating to the Product's weight, color, consistency, micro-biological content, labeling and packaging are also set forth on Exhibit A. In the event that Exhibit A is incomplete, Products shall be manufactured and shipped in accordance with industry standards.

  • Products Products available under this Contract are limited to Software, including Software as a Service, products and related products as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.B above. Vendor may not add a manufacturer’s product line which was not included in the Vendor’s response to the solicitation described in Section 1.B above.

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Custom Products Effective upon creation of Custom Products, Contractor hereby conveys, assigns and transfers to Authorized User the sole and exclusive rights, title and interest in Custom Product(s), whether preliminary, final or otherwise, including all trademark and copyrights. Contractor hereby agrees to take all necessary and appropriate steps to ensure that the Custom Products are protected against unauthorized copying, reproduction and marketing by or through Contractor, its agents, employees, or Subcontractors. Nothing herein shall preclude the Contractor from otherwise using the related or underlying general knowledge, skills, ideas, concepts, techniques and experience developed under a Purchase Order, project definition or work order in the course of Contractor’s business. Authorized User may, by providing written notice thereof to the Contractor, elect in the alternative to take a non-exclusive perpetual license to Custom Products in lieu of Authorized User taking exclusive ownership and title to such Products. In such case, Licensee on behalf of all Authorized Users shall be granted a non-exclusive perpetual license to use, execute, reproduce, display, perform, adapt and distribute Custom Product as necessary to fully effect the general business purpose(s) as stated in paragraph (b)(i)(2), above.

  • Other Products After clinical or other evidence, provided in writing [***] to Company, demonstrating the practicality of a particular market or use within the LICENSED FIELD which is not being developed or commercialized by Company, Company shall either provide JHU with a reasonable development plan and start development or attempt to reasonably sublicense the particular market or use to a third party. If within six (6) months of such notification [***] Company has not initiated such development efforts or sublicensed that particular market or use, JHU may terminate this license for such particular market or use. This Paragraph shall not be applicable if Company reasonably demonstrates to JHU that commercializing such LICENSED PRODUCT(S) or LICENSED SERVICE(S) or granting such a sublicense in said market or use would have a potentially adverse commercial effect upon marketing or sales of the LICENSED PRODUCT(S) developed and being sold by Company.

  • Product ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User(s) shall have thirty (30) days from the date of delivery to accept hardware products and sixty (60) days from the date of delivery to accept all other Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty (30) day increment. Authorized User shall notify Contractor of acceptance upon successful completion of the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of profits, expenses, or other remuneration of any kind. If the Authorized User elects to provide a deficiency statement specifying how the Product fails to meet the specifications within the testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) days to evaluate the Product as provided herein. If the Product does not meet the specifications at the end of the extended testing period, Authorized User, upon prior written notice to Contractor, may then reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to Contractor therefor. Costs and liabilities associated with a failure of the Product to perform in accordance with the functionality tests or product specifications during the acceptance period shall be borne fully by Contractor to the extent that said costs or liabilities shall not have been caused by negligent or willful acts or omissions of the Authorized User’s agents or employees. Said costs shall be limited to the amounts set forth in the Limitation of Liability Clause for any liability for costs incurred at the direction or recommendation of Contractor.

  • Product Sales Subject to Sections 10.3(c) and 10.3(d), Licensee agrees that it will not sell, offer for sale, or assist third parties (including Affiliates) in selling Product except for the sale and offer for sale of (A) TAF Product, TAF Combination Product, TDF Product and TDF Combination Product for use in the Field and in the countries of the TDF-TAF Territory, (B) COBI Product and COBI Combination Product for use in the Field and in the countries of the COBI Territory, and (C) EVG Product, EVG Combination Product and Quad Product for use in the Field and in the countries of the EVG-Quad Territory.

  • Supply of Products During the term of this Agreement and any extension hereof, the Seller shall sell and supply the products as set out in Schedule 1 hereto (“Products”) to SiPM and SiPM shall buy from the Seller such Products on a non-exclusive basis. The specifications of the Products are set out in Schedule 2 hereto. SUPPLY AGREEMENT - SiPM A Supply Agreement is a document between two parties, a Supplier and a Purchaser. The Supplier can be an individual or business and is the party that " supplies," or sells, the goods to the Purchaser. The Purchaser can also be an individual or a business and is the party that purchases for its use the goods that the Supplier provides.

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