Excess Materials. Contractor shall provide to Owner spare parts, extra maintenance materials, and other Materials, as specified in the Contract Documents, upon Substantial Completion. Any additional Materials not required to be delivered to Owner under the Contract Documents (the “Spare Materials”) shall be accounted for by Contractor and offered to Owner. If Owner refuses to accept all or part of the Spare Materials, Contractor shall credit Owner the fair market value of the unaccepted Spare Materials in the final Application for Payment and shall promptly remove them from the Site.
Excess Materials. 7 8. OBSOLETE MATERIALS..................................................... 7
Excess Materials. With respect to any Excess Materials on hand, Seller will notify Buyer of the amount and the cost of such Excess Materials in a consolidated, monthly report. Buyer shall either (i) pay carrying costs for Excess Materials at a rate of [*] per month as it ages greater than [*] after receipt of such monthly notice by Buyer; or (ii) buy all Excess Materials at Seller's cost (purchase price paid by Seller) to be held in bonded stock for consumption based upon a forecasted demand within the next [*]. Seller will use reasonable commercial efforts to sell Excess Materials.
Excess Materials. Upon the earlier of (1) the EOL Date, (2) expiration or termination of the applicable SOW, or (3) termination of this Agreement, the [CONFIDENTIAL TREATMENT REQUESTED] (a) undelivered Goods completed in accordance with the Specifications, (b) work-in progress prepared in accordance with the Specifications and the Forecast, and (c) the excess Long Lead [CONFIDENTIAL TREATMENT REQUESTED] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. Apple-M-FLEX Master Development and Supply Agreement #C56-06-00844 Time Materials, if any, held by Supplier, [CONFIDENTIAL TREATMENT REQUESTED] (i) were purchased no earlier than required by applicable Lead-Times to fulfill the requirements of the then current (at the time of purchase by Supplier) Forecast, (ii) meet all applicable Specifications, and (iii) [CONFIDENTIAL TREATMENT REQUESTED]. Supplier will scrap any such materials so purchased upon Apple’s request, provided [CONFIDENTIAL TREATMENT REQUESTED].
Excess Materials. Franchisee shall collect Garbage, Recyclables, and/or Organics that do not fit within the Commercial Customer’s Franchisee-issued Containers when those material are set out for collection on the Customer’s regular collection day in a manner that conforms to Franchisee’s excess material specifications described below and when the Customer has place a standing authorization on their account or has contacted Franchisee in advance and authorized Franchisee to charge the then-current Rates listed in Appendix B-1. Charges for excess materials shall be based on the estimated volume (expressed in terms of equivalents to the volume of a 32-gallon container and by material type). Franchisee shall collect excess materials set out for collection by Commercial Customers that are compliant with the following specifications: • Excess Garbage setouts shall be considered compliant when the Garbage is placed in a Customer-provided lidded can or tightly cinched black or gray bag with a capacity that is equal to or less than 32-gallons and properly labeled. • Excess Recyclables setouts shall be considered compliant when the Recyclables are placed in a Customer-provided lidded can or tightly cinched clear bag with a capacity that is equal to or less than 32-gallons and properly labeled. Cardboard setouts shall also be considered compliant when they are securely bundled/tied such that when lifted they remain secure, and each set out must be smaller than 3’ x 1’ x 1’. Non-compliant setouts may be collected and charged as Garbage. • Excess Organics setouts shall be considered compliant when the Organics are placed in a Customer-provided and lidded can and properly labeled. Setouts for woody Yard Trimmings shall also be considered compliant when they are securely bundled/tied such that when lifted they remain secure, and each set out must be smaller than 3’ x 1’ x 1’. Non-compliant setouts may be collected and charged as Garbage.
Excess Materials. OYA and the OYA Parties agree that in connection with certain improvements to be made hereunder, there may be certain materials removed that are no longer necessary (the "Excess Materials"). OYA agrees to remove such materials from Town roads and intersections and stockpile them for use by the Town and County. The Designees of the Town and County agree to designate a place on Town property or such other location as the parties reasonably agree in which the Excess Materials will be stored. IN WI1NESS WHEREOF, the Parties have caused their authorized representatives to execute this Agreement for Road Use, Repair and Improvements this day of , 2019. Town of By: Title: Town Supervisor Jefferson County By: Title: OYA, LLC By: Title: APPENDIX A DESIGNATED ROADS [Must be Agreed to Prior to Construction] APPENDIX B IMPROVEMENTS AND MODIFICATIONS Please see attached figure which may be provided prior to construction. Additional minimal improvements may be made at road intersections and we will supplement this figure upon completion of our final evaluation. APPENDIXC
Excess Materials. On County roads with National Forest System Lands, the County agrees to remove excess soil generated by maintenance activities to a designated stable disposal area. The Forest agrees to designate the disposal sites, on an as needed basis, on National Forest System Lands. No material will be side cast alongside the roads where over steepened slopes exist or the road traverses alongside a stream. The following listed roads or segments meet the criteria in Item 1a, Intent to Cooperate, of the Cooperative Road Agreement. Roads Covered by Agreement Road Xxxx XX Xxxx # Xxxxxx Xxxx # Xxxxx- ship Road Segment Miles
Excess Materials. The contractor shall assume that all excess fill will be disposed off-site at his own expense.
Excess Materials. Materials delivered in error or in excess of the quantity called for will be returned at Seller's expense.
Excess Materials. The Contractor shall also remove unsuitable excavated material from the site and dispose of it outside the limits of the contract. This work shall be done at the direction of the Engineer, at no extra cost to this contract, and will include all loading, hauling and spreading. The decision of whether the material is suitable or unsuitable shall be made by the Engineer.
