Used Material. (i) Used Material in sound and serviceable condition and suitable for reuse without reconditioning shall be priced as follows: A. used Material furnished by either Participant shall be priced at 75% of the New Price for such Material; B. used Material distributed to either Participant shall be priced (1) at 75% of the New Price for such Material, if such Material was originally charged to the Business Account as new Material, or (2) at 65% of the New Price for such Material if such Material was originally charged to the Business Account as good used Material at 75% of the New Price; (ii) Other used Material that, after reconditioning will be further serviceable for original function as good secondhand Material, or that is serviceable for original function but not substantially suitable for reconditioning, shall be priced at 50% of the New Price for such Material. The cost of any reconditioning shall be borne by the transferee. (iii) All other Material, including junk, shall be priced at a value commensurate with its use or at prevailing prices. Material no longer suitable for its original purpose but usable for some other purpose shall be priced on a basis comparable with items normally used for such other purposes.
Appears in 1 contract
Sources: Joint Venture Agreement
Used Material. (i) Used Material in sound and serviceable condition and suitable for reuse without reconditioning shall be priced as follows:
A. used (1) Used Material furnished by either Participant a Member shall be priced at 75% of the New Price for such Materialits acquisition cost or fair market value, which ever is less;
B. used (2) Used Material distributed to either Participant a Member shall be priced (1) at 75% of the New Price for such Material, if such Material was originally charged to the Business Account as new Material, or (2) at 65% of the New Price for such Material if such Material was originally charged to the Business Account as good used Material at 75% of the New Price;fair market value.
(ii) Other used Material that, after reconditioning reconditioning, will be further serviceable for original function as good secondhand Material, or that is serviceable for original function but not substantially suitable for reconditioning, shall be priced at fifty percent (50% %) of the New Price for such MaterialPrice. The cost of any reconditioning shall be borne by the transferee.
(iii) Bad-Order Material which is no longer usable for its original purpose without excessive repair cost but further usable for some other purpose shall be priced at fair market value.
(iv) All other Material, including junk, shall be priced at a value commensurate with its use or at prevailing prices. Material no longer suitable for its original purpose but usable for some other purpose shall be priced on a basis comparable with items normally used for such other purposes.
Appears in 1 contract
Sources: Operating Agreement (Golden Phoenix Minerals Inc /Mn/)
Used Material. (i) Used Material in sound and serviceable condition and suitable for reuse without reconditioning shall be priced as follows:
A. used (A) Used Material furnished transferred by either Participant a Member shall be priced at 75% of the New Price for such Material;
B. used (B) Used Material distributed to either Participant any Member shall be priced (1) at 75% of the New Price for such Material, if such Material was originally charged to the Business Account as new Material, or (2) at 65% of the New Price for such Material if such Material was originally charged to the Business Account as good used Material at 75% of the New Price;.
(ii) Other used Material that, after reconditioning will be further serviceable for original function as good secondhand Material, or that is serviceable for original function but not substantially suitable for reconditioning, shall be priced at 50% of the New Price for such Material. The cost of any reconditioning shall be borne by the transferee.
(iii) All other Material, including junk, shall be priced at a value commensurate with its use or at prevailing prices. Material no longer suitable for its original purpose but usable for some other purpose shall be priced on a basis comparable with items normally used for such other purposes.
Appears in 1 contract
Sources: Limited Liability Company Agreement