Customer Supplied Components Sample Clauses

Customer Supplied Components. In the event that Cobalt supplies ---------------------------- components to SMTC, these components are being purchased by SMTC with terms of payment of [***] days. The pricing for such customer supplied components are set forth in Appendix A. In the event that the ---------- components have not been consumed by Cobalt [***] CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. requirements within [***] of receipt, SMTC has the right to return these parts to Cobalt for immediate credit or, as an alternative, to mutually agree to extend payment terms for an additional period until all components are consumed in assemblies shipped to Cobalt. Cobalt remains liable for the Cobalt unique components until they are consumed by assemblies build and shipped by Cobalt.
Sample 1Sample 2
AutoNDA by SimpleDocs
Customer Supplied Components. Either party (as a “Discloser”) may disclose confidential and proprietary information, orally or in writing (“Confidential Information”) to the other party (as a “Recipient”). All such information shall be marked with a restrictive legend of the Discloser or reasonably understood to constitute confidential information. Notwithstanding the foregoing, contract terms relating to Customer Data shall be set forth in Section 10. Notwithstanding the marking requirements of this Section, Customer acknowledges that the following constitutes Confidential Information of Arctic Wolf: any trade secrets, know-how, inventions (whether or not patentable), techniques, ideas, or processes related to the Arctic Wolf Technology; the design and architecture of the Arctic Wolf Technology; the computer code, internal documentation, and design and functional specifications of the Arctic Wolf Technology; and any problem reports, analysis and performance information related to the Arctic Wolf Technology. Each party agrees to hold the other party’s Confidential Information in strict confidence, not to disclose such Confidential Information to third parties not authorized by the Discloser to receive such Confidential Information, and not to use such Confidential Information for any purpose except as expressly permitted hereunder. Each party agrees to take commercially reasonable steps to protect the other party’s Confidential Information and to ensure that such Confidential Information is not disclosed, distributed or used in violation of the provisions of this Agreement. The Recipient may disclose Confidential Information only (a) with the Discloser’s prior written consent, or (b) to those employees, officers, directors, agents, consultants, and advisors with a clear and well-defined “need to know” purpose who are informed of and bound by the obligations of this Agreement. Notwithstanding the foregoing, the Recipient may disclose Confidential Information to the extent required by law. However, the Recipient will give the Discloser prompt notice to allow the Discloser a reasonable opportunity to obtain a protective order and such Confidential Information disclosed to the extent required by law shall otherwise remain confidential and subject to the protections and obligations of this Agreement. The Discloser agrees that the foregoing obligations shall not apply with respect to any information that the Recipient can document (i) is rightfully in its possession or known to it prior to r...
Sample 1
Customer Supplied Components. Elcom shall be entitled to ---------------------------- supply components to Flextronics only with the written consent of Flextronics and only in such amounts as are necessary for firm orders then placed by Elcom. Such components, including provision for failed parts, shall be delivered to Flextronics not later than three (3) weeks prior to the scheduled delivery date for the related Products. Should Elcom be unable to meet such delivery requirements, Elcom may at its option, request Flextronics to either (i) ship products to Elcom absent the supplied parts on or after seven (7) days from the scheduled delivery date or (ii) hold the Products pending receipt of such components from Elcom. Under these circumstances, Elcom will give written notification to Flextronics prior to the scheduled delivery date and Flextronics may invoice Elcom for such Products on or after seven (7) days from the scheduled delivery date. Elcom shall have no right of offset from the purchase price of any Products purchased hereunder with respect to any amounts Flextronics owes Elcom for Elcom supplied components.
Sample 1
Customer Supplied Components. Customer shall be entitled to supply components to N.M.B. at N.M.B.'s expense only with the written consent of N.M.B. and only in such amounts as are necessary for firm orders then placed by Customer. Such components, including provision for failed parts, shall be delivered to N.M.B. not later than one (1) week prior to the scheduled delivery date for the related Products for materials which are managed by Customer and one day for materials that customer is assisting N.M.B. to procure. Should Customer be unable to meet such delivery requirements, Customer may at its option, request N.M.B. to either (i) ship Products to Customer absent the supplied parts on or after seven (7) days from the scheduled delivery date or (ii) hold the Products pending receipt of such components from Customer. Under these circumstances, Customer will give written notification to N.M.B. prior to the scheduled delivery date, and N.M.B. may invoice Customer for such Products on or after seven (7) days from the scheduled delivery date. Customer shall have no right of offset from the purchase price of any Products purchased hereunder with respect to any amounts N.M.B. owed Customer for Customer supplied components. Should N.M.B. be required to procure components at a premium cost as the result of a default by N.M.B., N.M.B. shall be responsible for the premium costs incurred and Customer shall not be required to pay mark-xx on the additional cost which is incurred. Should the required premium purchases be required as a result of an act by Customer then Customer shall be responsible for the premium and the associated mark-xxx.
Sample 1
Customer Supplied Components. In the event Manufacturer has a shortage of components for Products, Customer may, at its discretion, supply components to Manufacturer at Manufacturer's expense upon the written consent of Manufacturer and only in such amounts as are necessary for firm orders then placed by Customer. Such components, including provision for failed parts, shall be delivered to Manufacturer not later than four (4) weeks prior to the scheduled Delivery Date for the related Products to Customer. Should Customer be unable to meet Customer's requirements for delivery of Products, Customer may at its option, request Manufacturer to either: (i) ship Products to Customer absent the missing components on or after seven (7) days from the scheduled Delivery Date; or (ii) hold the Products pending receipt of such components from Customer. Under these circumstances, Customer will give written notification to Manufacturer prior to the scheduled Delivery Date. Should Manufacturer be required to procure components at a premium cost as the result of an act by Manufacturer, Manufacturer shall be responsible for the premium costs incurred, and Customer shall not be required to pay xxxx-up on the Product Purchase Price for any additional cost incurred. If the required premium purchases are a result of an act by Customer then Customer shall be responsible for the premium price and the associated xxxx-ups.
Sample 1
Customer Supplied Components. 9.4.1 Should CUSTOMER elect to supply any components to EMI, and EMI agrees to such action, such components in acceptable quantities and usable packaging format, including provision for attrition and failure parts, will be delivered to EMI not later than two (2) weeks prior to each scheduled delivery date. Failure to comply with this provision may result in schedule delays and/or premium charges.
Sample 1
Customer Supplied Components. At the time of transfer, subject to the terms of this Section 9.3, VENUSA will purchase any of CUSTOMER’s excess active inventory of Components, which is located at CUSTOMER’s current supplier and necessary to manufacture the Product. Such inventory and the cost of the Components will be priced at the cost which VENUSA utilized to provide the “Piece Price for Each Unit” to CUSTOMER as specified on Exhibit A “VENUSA’s Standard Cost”. CUSTOMER acknowledges and agrees that VENUSA shall not be required to purchase any Components or inventory from CUSTOMER’s current supplier at a price which exceeds VENUSA’s Standard Cost. In addition to the foregoing, CUSTOMER acknowledges and agrees that VENUSA shall only be required to maintain and pay for six (6) weeks worth of inventory at any given time. CUSTOMER’s supplier shall invoice VENUSA no more than once every six (6) weeks, commencing after the first six (6) week supply of Components shipped to VENUSA, for Components purchased by VENUSA from CUSTOMER’S current supplier. VENUSA shall pay CUSTOMER’s current supplier within thirty (30) days of VENUSA’S receipt of such invoice.
Sample 1
AutoNDA by SimpleDocs
Customer Supplied Components. Should The Customer elect to supply any components to MAT, and MAT agree to such action, such components including provision for failure parts, will be delivered to MAT not later than [* * * *] prior to each scheduled delivery date. Should The Customer be unable to meet such
Sample 1
Customer Supplied Components. Whenever Commerx’s performance of the Services is dependent upon Customer's furnishing of any Customer Supplied Component(s) (as hereinafter defined), Customer shall furnish such Customer Supplied Components in a timely fashion and in a reasonable format as mutually agreed upon by the parties in writing. Customer is responsible for (a) all Customer Supplied Components; (b) the risk of failure of Customer Supplied Components; (c) the cost of all maintenance, license and support costs and replacement of all Customer Supplied Components during the term of this Agreement; and (d) notwithstanding any Managed Services Schedule pursuant to which Commerx agrees to provide data storage or backup services, creating and maintaining a current copy of all Customer Supplied Components. Customer grants Commerx permission to perform a physical inspection of any Customer Supplied Component before such component is installed in a Commerx facility. Customer represents and warrants that any Customer-provided specifications or requirements around which Services are configured will be in compliance with applicable federal, state and local laws and regulations. Customer represents and warrants to Commerx that it has acquired all necessary licenses and consents from third party vendors for those Customer-provided items required for Commerx to perform Services hereunder. “Customer Supplied Components” means any hardware, software, interfaces, services, data, documents, information, software configuration parameters, macro scripts, engineering records, designs, other materials, or approvals, including, without limitation, Content (as hereinafter defined), as well as managed applications necessary for use or used in conjunction with the Services that are not provided by Commerx with the Services.
Sample 1

Related to Customer Supplied Components

  • Product ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User(s) shall have thirty (30) days from the date of delivery to accept hardware products and sixty (60) days from the date of delivery to accept all other Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty (30) day increment. Authorized User shall notify Contractor of acceptance upon successful completion of the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of profits, expenses, or other remuneration of any kind. If the Authorized User elects to provide a deficiency statement specifying how the Product fails to meet the specifications within the testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) days to evaluate the Product as provided herein. If the Product does not meet the specifications at the end of the extended testing period, Authorized User, upon prior written notice to Contractor, may then reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to Contractor therefor. Costs and liabilities associated with a failure of the Product to perform in accordance with the functionality tests or product specifications during the acceptance period shall be borne fully by Contractor to the extent that said costs or liabilities shall not have been caused by negligent or willful acts or omissions of the Authorized User’s agents or employees. Said costs shall be limited to the amounts set forth in the Limitation of Liability Clause for any liability for costs incurred at the direction or recommendation of Contractor.

  • Product Supply The Parties shall reasonably cooperate and assist each other in transferring ownership of Product drug product and/or Product drug substance (such material, CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. collectively, the “Product Lots”) set forth in Exhibit A attached hereto as promptly as reasonably practicable following the Effective Date; provided, however, that neither Party shall be required to pay money to any Third Party, commence any litigation with, or offer or grant any accommodation (financial or otherwise) to any Third Party. Such Product Lots shall be delivered EXW (Ex Works) (Incoterms 2010) AMGEN, Thousand Oaks, California. Any expense for shipment shall be borne by AKERO (including any import or export duties or taxes). Subject to the terms of this Section 5.4 and Section 6.2 (Additional AMGEN Warranties), AMGEN transfers the Product Lots to AKERO “as is”, and makes no other representation to AKERO in connection therewith. The Parties have entered into a Quality Agreement substantially in the form attached hereto as Exhibit F, dated as of the date hereof, governing the quality of the Product Lots to be supplied pursuant to this Section 5.4. For the avoidance of doubt, Product Lots consisting of drug product as set forth in Exhibit A supplied pursuant to this Section 5.4 shall be labeled for their intended clinical use as set forth in Exhibit A and the labeling of any Product drug product manufactured after the Effective Date shall be the responsibility of AKERO. Except for the Licensed Materials and such Product Lots to be transferred to AKERO, AKERO shall be responsible for, and shall bear the cost of, obtaining (whether by manufacturing or causing to be manufactured) research, clinical and commercial supplies of the Product. From and after the Effective Date, AKERO shall be responsible for all costs and expenses in connection with the storage of, and any stability studies performed on, the Product Lots.

  • Defective Products None of the Group Companies has manufactured, sold or supplied products which are, or were, in any material respect, faulty or defective, or which do not comply in any material respect with any representations or warranties expressly made by such Group Company, or with all applicable regulations, standards and requirements.

  • Manufacturing Services Jabil will manufacture the Product in accordance with the Specifications and any applicable Build Schedules. Jabil will reply to each proposed Build Schedule that is submitted in accordance with the terms of this Agreement by notifying Company of its acceptance or rejection within three (3) business days of receipt of any proposed Build Schedule. In the event of Jabil’s rejection of a proposed Build Schedule, Jabil’s notice of rejection will specify the basis for such rejection. When requested by Company, and subject to appropriate fee and cost adjustments, Jabil will provide Additional Services for existing or future Product manufactured by Jabil. Company shall be solely responsible for the sufficiency and adequacy of the Specifications [***].

  • API If the Software offers integration capabilities via an API, your use of the API may be subject to additional costs or Sage specific policies and terms and conditions (which shall prevail in relation to your use of the API). You may not access or use the API in any way that could cause damage to us or the Software, or in contravention of any applicable laws. We reserve the right in our sole discretion, to: (i) update any API from time to time; (ii) place limitations around your use of any API; and (iii) deny you access to any API in the event of misuse by you or to otherwise protect our legitimate interests.

  • Supplier Selection If Customer selects a seat or galley supplier that is not on the Boeing recommended list, such seat or galley will become BFE and the provisions of Exhibit A, Buyer Furnished Equipment Provisions Document, of the AGTA will apply.

  • Products Products available under this Contract are limited to Software, including Software as a Service, products and related products as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.B above. Vendor may not add a manufacturer’s product line which was not included in the Vendor’s response to the solicitation described in Section 1.B above.

  • Supplier A manufacturer, fabricator, distributor, supplier, or vendor of goods or equipment in connection with the Work, or any other party having a Contract or Purchase Order with the Contractor or with a Subcontractor to furnish materials or equipment to be incorporated in the Work by the Contractor or a Subcontractor.

  • Products and Services General Information The Vendor Agreement (“Agreement”) made and entered into by and between The Interlocal Purchasing System (hereinafter “TIPS”) a government cooperative purchasing program authorized by the Region 8 Education Service Center, having its principal place of business at 0000 XX Xxx 000 Xxxxx, Xxxxxxxxx, Xxxxx 00000 and the TIPS Vendor. This Agreement consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth shall control unless otherwise agreed by the parties in writing and by signature and date on the attachment. A Purchase Order (“PO”), Agreement or Contract is the TIPS Member’s approval providing the authority to proceed with the negotiated delivery order under the Agreement. Special terms and conditions as agreed between the Vendor and TIPS Member should be added as addendums to the Purchase Order, Agreement or Contract. Items such as certificate of insurance, bonding requirements, small or disadvantaged business goals are some, but not all, of the possible addendums.

  • Product Specifications The Company agrees that all Products sold to Xxxx hereunder shall conform to the respective specifications set forth on Schedule A or to such other specifications as are from time to time agreed upon by the Parties.

Time is Money Join Law Insider Premium to draft better contracts faster.