Excess Product definition
Excess Product has the meaning set forth in Section 2.7(c)(iii).
Excess Product means Product that is not needed from time to time for SDI's (including its Affiliates') own internal consumption and which is made available for sale by IDI. If a Supply Facility owned or operated by Preussag under this Section 2.3(b) has excess capacity or if there is otherwise excess Product which is from time to time not needed for its own steelmaking operations, such excess Product may be sold to others, provided that in Preussag's case Preussag first provide Licensee with a commercially reasonable opportunity to purchase such excess Product from Preussag, at prices and on terms to be negotiated between the parties, or, at Preussag's election, to permit Licensee to sell such excess Product for Preussag's account on a commission basis. If IDI wishes to establish or to license its Affiliate to establish one or more Commercial Facilities within the Territory, IDI will first negotiate in good faith with Licensee to determine whether and, if so, the terms under which they may mutually agree to operate that Commercial Facility, directly or indirectly, as a joint venture or through some comparable ownership or operating structure; provided, however, that this agreement to negotiate in good faith shall not be deemed in any manner to require IDI to reach any final agreement or to come to any arrangement with Licensee that IDI, in the exercise of its unfettered discretion, does not seem to be in its best interest. Licensee will have the right to establish for itself and/or its Affiliates one or more Supply Facilities in the Territory without the payment to IDI of any royalties or fees. Should Licensee desire to establish for itself and/or its Affiliates and/or a sublicensee one or more Supply Facilities and/or Commercial Facilities in the Excluded Territory, IDI agrees to consider such a request for an individual Facility license on a case by case basis.
Excess Product means the amount by which the total Product generated by all Renewable Energy Facilities under Tranche Amendment(s) entered into for Distributor over a specified period of time, less Product already retained pursuant to Section 5.2 for that same period of time, exceeds the cumulative electricity consumption of Distributor for the specified period of time by more than 10%; provided that if such amount is less than zero (0), then there shall be no Excess Product for such specified period of time.
Examples of Excess Product in a sentence
Any negative Net Sales that results from Excess Product Liability Costs may be carried forward to future quarters and offset against positive Net Sales in such future quarters for the same Fibrocell Product.
Any negative Gross Profits for a given AquaBounty Product, including any that result from Excess Product Liability Costs, may be carried forward to future quarters and offset against positive Gross Profits in such future quarters for the same AquaBounty Product.
By way of example, Variable Rent due on June 1 would be based on the Excess Product Volume Factor calculated for the preceding month of March.
Any negative Product Profit that results from Excess Product Liability Costs, and Third Party Blocking IP Costs (as defined in Exhibit A) may be carried forward to future quarters and offset against positive Product Profit in such future quarters for the same ZIOPHARM Product.
To the extent Vitol does not choose to purchase all of the Excess Product Monthly Quantity, BKRF may sell all or any applicable portion of the Excess Product Monthly Quantity to another Person; provided that BKRF shall not be obligated to pay to Vitol any Product Administrative Fee for each Gallon of Product sold to such other Person(s).
More Definitions of Excess Product
Excess Product means that amount of Product exceeding a Beet Producer’s Allocation.
Excess Product means the Product associated with Excess Energy and Excess Off-Peak Energy.
Excess Product means a Product that, when counted together with all other same and similar Products received by Reseller under the same Purchase Order, is in excess of the quantities of the Products ordered under that Purchase Order.
Excess Product shall be as defined in Section 3.2.2.
Excess Product means the Product associated with Excess Energy.
Excess Product means a Product that, when counted together with all other Products having the same model number and received by Reseller under the same Purchase Order, is in excess of the quantities of the Products ordered under that Purchase Order. Governmental Authority means any federal, state, local or foreign government or political subdivision thereof, or any agency or instrumentality of the government or political subdivision, or any self-regulated organization or other non-governmental regulatory authority or quasi-governmental authority (to the extent that the rules, regulations or orders of this organization or authority have the force of Law), or any arbitrator, court or tribunal of competent jurisdiction. Governmental Order means any order, writ, judgment, injunction, decree, stipulation, award or determination entered by or with any Governmental Authority. Member means a national federation or association who is an official member of Reseller in the Territory; Indemnified Party means Supplier Indemnified Party and Reseller Indemnified Party, collectively. Indemnifying Party means Supplier Indemnifying Party and Reseller Indemnifying Party, collectively. Intellectual Property Rights means all industrial and other intellectual property rights comprising or relating to: (a) Patents; (b) Trademarks; (c) internet domain names, whether or not Trademarks, registered by any authorized private registrar or Governmental Authority, web addresses, web pages, website and URLs; (d) works of authorship, expressions, designs and design registrations, whether or not copyrightable, including copyrights and copyrightable works, software and firmware, application programming interfaces, architecture, files, records, schematics, data, data files, and databases and other specifications and documentation; (e) Trade Secrets; (f) semiconductor chips, mask works and the like; and (g) all industrial and other intellectual property rights, and all rights, interests and protections that are associated with, equivalent or similar to, or required for the exercise of, any of the foregoing, however arising, in each case whether registered or unregistered and including all registrations and applications for, and renewals or extensions of, these rights or forms of protection under the Laws of any jurisdiction throughout in any part of the world.
Excess Product shall have the meaning set forth in each PMLA.