Common use of Unique Materials Clause in Contracts

Unique Materials. The Customer shall reimburse INyX for its actual costs expended for the purchase of "Unique Materials" (i.e., certain raw materials, artwork, printed cans, labels, cartons and special valves) purchased by INyX expressly to meet its performance obligations under this Agreement in reliance upon a firm purchase order pursuant to Section 3.4 and which later are made obsolete, or to the extent that such Unique Materials remain on hand at the expiration of this Agreement as provided under Section 10.1. For purposes of this Section, material is obsolete if it cannot be incorporated into the Product due to changes mandated by a Regulatory Authority, changes directed by the Customer, or the Customer-mandated cancellation or postponement. Once material becomes obsolete, INyX may invoice the Customer for the acquisition costs of such obsolete material from time to time, which invoices shall identify the material in question and shall be accompanied by a reasonably detailed statement of the cause of such obsolescence and a certification that INyX has disposed of such materials in accordance with the terms of this Agreement.

Unique Materials. The Customer Connetics shall reimburse INyX APG for its actual costs expended for the purchase of "Unique Materials" (i.e., certain raw materials, artwork, printed cans, labels, cartons and special valves) purchased by INyX APG expressly to meet its performance obligations under this Agreement in reliance upon a firm purchase order pursuant to Section SECTION 3.4 and which later are made obsolete, or to the extent that such Unique Materials remain on hand at the expiration of this Agreement as provided under Section SECTION 10.1. For purposes of this Section, material is obsolete if it cannot be incorporated into the Product due to changes mandated by a Regulatory Authority, changes directed by the CustomerConnetics, or the CustomerConnetics-mandated cancellation or postponement. Once material becomes obsolete, INyX APG may invoice the Customer for the acquisition costs of such obsolete material Connetics from time to timetime for APG's cost to acquire such obsolete material, which invoices shall identify the material in question and shall be accompanied by a reasonably detailed statement of the cause of such obsolescence and a certification that INyX APG has disposed of such materials in accordance with the terms of this Agreement.