to Supplier. If the Additional Terms specify a Minimum Quantity of Goods, Mercy Corps shall be obligated only to issue a PO(s) for the Minimum Quantity.
to Supplier. The Offer Notice shall be provided regardless of whether the product offered by the third party supplier is [***]. Nothing herein shall require Customer to divulge the name of the third party making the offer. The Offer Notice will include certification by an authorized officer of Customer as to the accuracy and completeness of the foregoing, and that the Offer Notice is capable of being accepted for at least [***] days after the Offer Notice is provided to Supplier. Supplier shall have the opportunity, exercisable within [***] days after Supplier’s receipt of the Offer Notice, to meet the terms set forth in the Offer Notice for the relevant product for the period stated in the Offer Notice. In the event that Supplier does not agree to meet the terms set forth in the Offer Notice within such [***] day period, Customer may then accept such offer from such other supplier on the terms set forth in the Offer Notice, without any modification and any products purchased by Customer pursuant to such offer shall be credited toward Customer’s Minimum Purchase Commitment to the same extent as if purchased from Supplier; provided that if at any time thereafter any material modifications are made to the terms set forth in the Offer Notice which entitled Customer under clause (A), (B), or (C) to provide the Offer Notice or if Customer does not purchase any products from such other supplier on the terms set forth in the Offer Notice within [***] days from the last date on which Supplier was permitted to deliver an acceptance of such Offer Notice hereunder, the Customer shall again be required to submit a new Offer Notice with respect thereto prior to being permitted to receive any credit for such products purchased from the third party supplier. Periodic Review of Prices Starting no later than [***], and no later than the end of each [***] period thereafter during the term of this Agreement, Supplier and Customer shall review the prices set forth in this Exhibit to determine what adjustments, if any, are appropriate in light of the conditions then prevailing in the market for Customer’s products. Supplier and Customer shall negotiate any such adjustments in good faith, but neither party shall have an obligation to agree to such adjustments.
to Supplier. Upon receipt of a Change Request from Ascension Health, Supplier will promptly provide Ascension Health with a change response (“Change Response”) that will describe the impact, if any, on the (i) scope of ASP Services, (ii) milestones, (iii) deliverables, (iv) quality of performance of the ASP Services, (v) project priorities or additional resource requirements and (vi) nature and extent of any adverse impact or risk. The Parties will then negotiate in good faith any reasonable and equitable adjustment, if any, required to be made in regard to the ASP Services, deliverables and fees and charges. Supplier will continue to perform pursuant to this ASP Agreement, and will not be bound by any change requested by Ascension Health, until such change has been accepted in writing by both Parties. j.
to Supplier. Supplier shall promptly reply to a SCAR, and take immediate corrective action acceptable to Buyer to prevent the recurrence of any and all deficiencies or problems identified in such SCAR. To the extent the SCAR relates to a Product, including without limitation a problem or deficiency affecting Product quality, performance or reliability, Buyer shall have the right to reject, and Supplier shall at Buyer's request suspend, all further shipments of the affected Product, without any penalty, charge or liability to be paid by Buyer to Supplier, until the problems identified in the SCAR are corrected. Where Supplier fails to take the appropriate corrective action as identified in a SCAR within what Buyer, in its sole discretion, deems to be a commercially reasonable period of time, Buyer may, at its option, upon thirty (30) days prior written notice, either remove the affected Product from this Agreement or terminate the Agreement, without any penalty, charge or liability imposed upon Buyer, notwithstanding any other term or provision hereof.
to Supplier. Supplier shall promptly reply to a SCAR, and take immediate corrective action acceptable to JDSU to prevent the recurrence of any and all deficiencies or problems identified in such SCAR. Supplier shall notify JDSU as soon as a deficiency or problem identified in a SCAR is corrected.
to Supplier. 6.5. Payments made within 8 (eight) days from receipt by ING of an invoice in accordance with clause 6.3 will qualify for a prompt-payment discount of 2% (including VAT) of any invoice amount.
to Supplier. Upon receipt of a Termination Notice, SUPPLIER must immediately take all possible action to mitigate any liabilities incurred by it as a result of such termination and take any other action reasonably required by the Company in relation to the termination.
to Supplier. Supplier shall determine the root cause of the problem, provide a short term corrective action, a root cause corrective action plan, and target dates for completion of each corrective action implementation, in writing by completing a CAR form within fourteen (14) calendar days of date issued.
to Supplier. If the Additional Terms specify a Minimum Quantity of Goods, Mercy Corps shall be obligated only to issue a PO(s) for the Minimum Quantity. This agreement does not constitute of a financially binding agreement. Once signed, Xxxxxxxx Orders will be issued on a regular basis under the terms of this agreement and will constitute as the only financially binding document between the two parties. As per the nature of this agreement Mercy Crops is not legally bound to purchase any goods from the supplier and as such this agreement does not give any exclusivity to Mercy Corps business. Невинятковість. Цей Договір не має на меті встановлення виключних відносин між сторонами. Якщо в Додаткових Положеннях не зазначено Мінімальну Кількість Товарів, Мерсі Корпс не зобов’язана видавати Постачальнику будь-яке(і) Замовлення на Закупівлю. Якщо в Додаткових Положеннях зазначено Мінімальну Кількість Товарів, Мерсі Корпс зобов’язана видавати ЗНЗ лише на Мінімальну Кількість. Ця угода не є угодою, що фінансово зобов'язує. Після її підписання Замовлення на Закупівлю видаватимуться на регулярній основі відповідно до умов цієї угоди та будуть єдиним фінансово зобов'язуючим документом між двома сторонами. Відповідно до характеру цієї угоди Мерсі Xxxxx не зобов'язана за законом купувати будь-які товари у постачальника, і, як така, ця угода не надає діяльності Мерсі Корпс жодних монопольних прав.
