Commercially Unavailable definition

Commercially Unavailable means an OPT-Certified Operation demonstrates to the Certifier that it cannot timely purchase an animal with the Operation’s Animal Attributes.
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Commercially Unavailable. A particular item is Commercially Unavailable if, at the time the order for such item is received by AEC or during the process of such order being fulfilled, such item is not in the inventory of AEC (at AEC's sole commercial discretion) and (a) is no longer manufactured; (b) is not reasonably available to AEC from the company that releases such product; or (c) has been deleted from the catalog of the company that releases such items. To the extent such a product is Commercially Unavailable and COMPANY can assist in AEC achieving availability, and AEC requests such assistance, COMPANY shall use its good faith efforts to so assist.
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Commercially Unavailable. A particular item is Commercially Unavailable if, at the time the order for such item is received by AEC or during the process of such order being fulfilled, such item is not in the inventory of AEC (at AEC's sole commercial discretion) and 9a) is no longer manufactured; (b) is not reasonably available to AEC from the company that releases such product; or (c) has been deleted from the catalog of the company that releases such items. To the extent such a product is Commercially Unavailable and COMPANY can assist in AEC achieving availability, and AEC requests such assistant, COMPANY shall use its good faith efforts to so assist. Notwithstanding the foregoing, it is agreed that in the case of video products, COMPANY must first place order(s) for fulfillment with AEC, but, if after discussion and/or communication either verbally or electronically between AEC and COMPANY on any video order, it appears AEC will have difficulty fulfilling any such order on a timely basis, COMPANY, upon notifying AEC accordingly, may price that particular order with an alternative supplier/fulfillment house.
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Examples of Commercially Unavailable in a sentence

  • The settlement imposes no barrier to digital distribution of these books by Google rivals, which can distribute these same books if the rightsholders want at any price they wish, and indeed lowers barriers to Google rivals by providing information on how much digital demand there is for each book.Downloaded from http://jla.oxfordjournals.org/ by guest on August 14, 2013In-Copyright Books That Are Commercially Unavailable.

  • To be included in the technology roadmap these will either be: Commercially Available but facing technical barriers needing to be addressed; or Commercially Unavailable and needing to be developed.R&D Programs: The iterative process undertaken at universities, national laboratories, some businesses, and related organizations to generate new ideas, evaluate these ideas, and deliver the needed Technology Characteristics.

  • AEC shall supply to Customers the Products offered over COMPANY's On-Line Store and ordered by the Customers (unless "Commercially Unavailable" as provided below); and in connection therewith AEC shall perform the fulfillment, technical, and professional services described below.

  • AEC will have no obligation to accept orders for or to ship any item of Product which is Commercially Unavailable (as hereinafter defined).

  • Qualitative and quantitative assessment of the antimicrobial propertiesSample codeAntimicrobial activityDilutions values for MIC determinationS.

  • The Contractor may, unless otherwise stated, within three(3) work days after the bid opening, submit a substitution request for any material, product, thing or service, which shall be materially equal or better in every respect to that so indicated or specified (“Specified Item”) and will completely accomplish the purpose of the Contract Documents.7. Products Specified Which are Commercially Unavailable.

  • To be included in the technology roadmap these will either be: Commercially Available but facing technical barriers needing to be addressed; or Commercially Unavailable and needing to be developed.

  • Items That Become Commercially Unavailable ............................................................

  • Data Collection The researcher contacted the Pennsylvania State Education Association (PSEA), the largest teacher association in the Commonwealth, and requested copies of the 48 negotiated agreements selected for this study.

Related to Commercially Unavailable

  • Commercially available means that the choice between domestic and imported products is unrestricted and depends only on commercial considerations.

  • Commercially Useful Function means responsibility for the execution of a distinct element of the work of the contract, which is carried out by actually performing, managing, and supervising the work involved, evidencing the responsibilities and risks of a business owner such as negotiating the terms of (sub)contracts, taking on a financial risk commensurate with the contract or its subcontract, responsibility for acquiring the appropriate lines of credit and/or loans, or fulfilling responsibilities as a joint venture partner as described in the joint venture agreement.

  • Commercially Reasonable Efforts means efforts which are designed to enable a Party, directly or indirectly, to satisfy a condition to, or otherwise assist in the consummation of, the transactions contemplated by this Agreement and which do not require the performing Party to expend any funds or assume liabilities, other than expenditures and liabilities which are reasonable in nature and amount in the context of the transactions contemplated by this Agreement.

  • Commercially Sensitive Information means the Information (i) listed in the Commercially Sensitive Information Schedule; or (ii) notified to the Authority in writing (prior to the commencement of this Contract) which has been clearly marked as Commercially Sensitive Information comprised of information:

  • Contractor Commercially Sensitive Information means the information listed in the Contractor Commercial Sensitive Information Annex to the Contract being information notified by the Contractor to the Authority which is acknowledged by the Authority as being commercially sensitive information.

  • Commercially Reasonable or “Commercially Reasonable Efforts” means, with respect to any action required to be made, attempted or taken by a Party under this Agreement, the level of effort in light of the facts known to such Party at the time a decision is made that: (a) can reasonably be expected to accomplish the desired action without a material increase in costs incurred by such Party; (b) is consistent with Prudent Industry Practices; and (c) takes into consideration the amount of advance notice required to take such action, the duration and type of action and the competitive environment in which such action occurs.

  • Commercially Sensitive Information Schedule means the Schedule containing a list of the Commercially Sensitive Information.

  • Assisted outpatient treatment or "AOT" means the categories of outpatient services ordered by the court under section 468 or 469a. Assisted outpatient treatment may include a case management plan and case management services to provide care coordination under the supervision of a psychiatrist and developed in accordance with person-centered planning under section 712. Assisted outpatient treatment may also include 1 or more of the following categories of services: medication; periodic blood tests or urinalysis to determine compliance with prescribed medications; individual or group therapy; day or partial day programming activities; vocational, educational, or self-help training or activities; assertive community treatment team services; alcohol or substance use disorder treatment and counseling and periodic tests for the presence of alcohol or illegal drugs for an individual with a history of alcohol abuse or substance use disorder; supervision of living arrangements; and any other services within a local or unified services plan developed under this act that are prescribed to treat the individual's mental illness and to assist the individual in living and functioning in the community or to attempt to prevent a relapse or deterioration that may reasonably be predicted to result in suicide, the need for hospitalization, or serious violent behavior. The medical review and direction included in an assisted outpatient treatment plan shall be provided under the supervision of a psychiatrist.

  • Added filtration means any filtration which is in addition to the inherent filtration.

  • Unavailability means the inability of an individual to manage property or business affairs because the individual is:

  • Reasonable Efforts means, with respect to any action required to be made, attempted, or taken by an Interconnection Party or by a Construction Party under Tariff, Part IV or Tariff, Part VI, an Interconnection Service Agreement, or a Construction Service Agreement, such efforts as are timely and consistent with Good Utility Practice and with efforts that such party would undertake for the protection of its own interests. Regional Entity:

  • Technically Feasible refers solely to technical or operational concerns, rather than economic, space, or site considerations.

  • Commercially available off-the-shelf (COTS) item means a COTS item as defined in FAR 2.101

  • Anatomical gift means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education.

  • Specified anatomical areas means and includes:

  • Knock-out Barrier means the applicable Strike.

  • Whole effluent toxicity means the aggregate toxic effect of an effluent measured directly by a toxicity test.

  • Active efforts means the following:

  • Drug paraphernalia means all equipment, products, and materials of any kind, which are used for injecting, ingesting, inhaling or otherwise introducing a drug into the human body. This includes, but is not limited to, all equipment, products and materials prohibited or controlled by State or Federal laws.

  • Generally available information means information that is accessible to the public on a non- discriminatory basis.

  • Radiopharmaceutical quality assurance means, but is not limited to, the performance of appropriate chemical, biological, and physical tests on potential radiopharmaceuticals and the interpretation of the resulting data to determine their suitability for use in humans and animals, including internal test assessment, authentication of product history, and the keeping of proper records.

  • Fertilizer material means a commercial fertilizer that either:

  • Reasonable Commercial Efforts means, with respect to the applicable obligation of the Company, reasonable commercial efforts for similarly situated, publicly-traded companies.

  • Practical application means to manufacture in the case of a composition or product, to practice in the case of a process or method, or to operate in the case of a machine or system; and, in each case, under such conditions as to establish that the invention is being utilized and that its benefits are, to the extent permitted by law or government regulations, available to the public on reasonable terms.

  • SOFR IndexStart means the SOFR Index value on the day which is two U.S. Government Securities Business Days preceding the first date of the relevant Interest Period (an "Index Determination Date"); and

  • Deadly weapon means any weapon, whether loaded or unloaded, from which a shot may be discharged, or a switchblade knife, gravity knife, billy, blackjack, bludgeon, or metal knuckles.