Excess Products definition

Excess Products means with respect to FWA RSS Products ordered by Axtel in any given month, the FWA RSS Products that exceed the greater of: (i) [ * ] FWA RSS Units or (ii) [ * ] more of the amount of FWA RSS Units ordered by Axtel for delivery in the prior month (for example if Axtel orders 3,000 RSS units for delivery in July and 12,000 RSS units for delivery in August, the Excess Products for August would be 7,500 RSS units (amount comes from 3,000 of the prior month plus the 50% of such amount (1,500). The result is 4,500 so the Excess Product are 7,500 in order to complete the 12,000 units).

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Excess Products has the meaning set forth in Section 3.1(c). “Execution Date” shall mean the date first above written.

Excess Products means Products that, when counted together with all other Products having the same make and/or model number and received by Distributor under the same Purchase Order, are in excess of the quantities of the Products ordered under that Purchase Order.

Examples of Excess Products in a sentence

• For the avoidance of doubt, the exclusivity requirements of this Section 3.1(c) shall not apply to any Excess Products and Seller shall not be prohibited in any manner whatsoever from selling such Excess Products to any third party.

• Reseller will be deemed to have accepted the Products unless it Notifies Supplier in writing of any Nonconforming Goods or Excess Products during the Inspection Period and furnishes written evidence or other documentation as required by Supplier.

• Balancing Amounts with respect to Energy from the Project not delivered to Buyer pursuant to the terms hereof, including Excess Products, are for the account of Seller (other than Deemed Generated Energy for which Buyer is obligated to compensate Seller for pursuant to Section 3.16).

• For the avoidance of doubt, except with respect to the Excess Products, Seller shall not cause the Project to become subject to any other obligation to deliver a Product to any other Person other than pursuant to an Instructed Operation, and Buyer shall have the exclusive right to resell any Product from the Project up to the quantities set forth in Section 3.1(a).

• For avoidance of doubt, included within Buyer’s exclusive rights to Products available from the Units and the Project described in Section 3.1(a), Buyer is entitled to all products there from that are related to RAR, including capacity tags, capacity credits, and all installed capacity and other capacity-related products pertaining to Buyer’s entitlement to the Products from the Project (other than with respect to Excess Products).

• If Reseller timely Notifies Supplier of any Nonconforming Goods or Excess Products, Supplier shall determine, in its sole discretion, whether the Products are Nonconforming Goods or Excess Products.

• Except with respect to the Excess Products, Seller may not enter into any agreement or arrangement under which Products described in Section 3.1(a) may be claimed by any Person other than Buyer for purpose of satisfying such Person’s obligations to PJM or any other independent system operator having jurisdiction over such Person or the Project.

• Buyer costs and expenses associated with Buyer’s Scheduling Obligation that are allocated to Seller pursuant to Section 3.5(e) or are directly associated with Excess Products shall be invoiced by Buyer and paid by Seller pursuant to the relevant provisions of this Article VI.

• For the avoidance of doubt, Seller may execute agreements for the sale of Excess Products consistent with the terms of this Agreement prior to the completion of such performance.

• Aphria will not be obligated to purchase any Excess Products from Aphria Diamond.

More Definitions of Excess Products

Excess Products has the meaning set forth in Section 2.3(i).

Excess Products has the meaning specified in Section 12.

Excess Products means with respect to FWA RSS Products ordered by Axtel in any given month, the FWA RSS Products that exceed the greater of: (i) [ * ] FWA RSS Units or (ii) [ * ] more of the amount of FWA RSS Units ordered by Axtel for delivery in the prior month (for example if Axtel orders [ * ] RSS units for delivery in July and [ * ] RSS units for delivery in August, the Excess Products for August would be [ * ] RSS units (amount comes from [ * ] of the prior month plus the [ * ] of such amount ([ * ]). The result is [ * ] so the Excess Product are [ * ] in order to complete the [ * ] units).

Excess Products means the Licensed Products manufactured, in process or on