EXCESS PRODUCTION Sample Clauses

EXCESS PRODUCTION. To the extent that the annual cattle requirements of the National Beef Business exceeds 2,400,000 head of cattle, USPB shall have the right to sell and deliver to National Beef a number of head of cattle equal to such excess requirements multiplied by a percentage equal to USPB’s Percentage Interest in National Beef.
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EXCESS PRODUCTION. If, at the end of each successive twelve (12) month anniversary of your Subscription Start Date, the Actual Annual kWh is greater than the Guaranteed Annual kWh during such twelve (12) month period, for purposes of this Production Guaranty, YSG will carry over this surplus and may use this surplus to offset a deficit in Actual Annual kWh that may occur in the future.
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EXCESS PRODUCTION. If, in the course of manufacturing pursuant to a Client Purchase Order, SBL manufactures more than the amount ordered in the Client’s Purchase Order due to the mutually agreed manufacturing plan, such additional Batches shall be purchased by Client as if manufactured pursuant to the Purchase Order.
Sample 1
EXCESS PRODUCTION. The production of weaned pigs is anticipated to produce, on a prospective rolling 12-month basis, approximately two and seven-tenths (2.7) Lots of Qualifying Pigs per share of Class B Common Stock of Association owned by members of Association for which Lots are to be made available for purchase hereunder. To the extent that the production of weaned pigs exceeds such anticipated production, Association shall either sell such excess production to any person (including a member of Association), at a price as shall be determined by Association in good faith, or retain such excess production for Association's own purposes, in lieu of selling such excess production to the members of Association pursuant to the Weaned Pig Purchase Agreements between Association and the members of Association.
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EXCESS PRODUCTION. Purchaser shall purchase and accept from the Seller, and Seller shall sell and deliver to Purchaser on a take and pay basis, such additional quantities of Coke produced by the Coke Plant as may be available in excess of Purchaser’s Minimum Coke Purchase Requirement for the relevant Contract Year period. The purchase price per Ton for any such available excess Coke shall be equal to the Contract Price.
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EXCESS PRODUCTION. The amount of any royalty payment in excess of the minimum royalty payments set forth in Sections III.B and III.C, as applicable, may be “banked” for a maximum period of 10 years and applied to the minimum royalty payments during any such 10-year period in which production is below the stated minimum production requirement.
Sample 1
EXCESS PRODUCTION. In the event that excess Carbon Monoxide or Hydrogen is produced or otherwise becomes available as the result of the production requirements of Buyer's Plant or Seller's Facility, Buyer will, if it is economically feasible, use its reasonable efforts to burn the excess Carbon Monoxide or Hydrogen, as the case may be, in the off-gas fuel system of Buyer's Plant. To the extent, if any, that Buyer is successful in so burning such excess Carbon Monoxide or Hydrogen, Buyer will credit Seller for Buyer's avoided cost, if any, of fuel that Buyer would have otherwise purchased. Buyer's determination of its avoided cost shall be final and binding on Seller. During the Term Seller will not, without the prior written consent of Buyer, sell or deliver any Carbon Monoxide from Seller's Facility to any other person or entity.
Sample 1
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EXCESS PRODUCTION. The production of Qualifying Pigs is anticipated to produce, on a prospective rolling 12-month basis, (i) approximately two and seven-tenths (2.7) Lots of feeder pigs per share of Class A Common Stock of Association owned by members of Association for which Lots are to be made available for purchase hereunder, (ii) approximately two and seven- tenths (2.7) Lots of weaned pigs per share of Class B Common Stock of Association owned by members of Association for which Lots are to be made available for purchase hereunder, and (iii) approximately two and one-tenths (2.1) Lots of weaned pigs per share of Class C Common Stock of Association owned by members of Association for which Lots are to be made available for purchase hereunder. To the extent that the production of pigs exceeds such anticipated production, Association shall either sell such excess production to any person (including a member of Association), at a price as shall be determined by Association in good faith, or retain such excess production for Association's own purposes, in lieu of selling such excess production to the members of Association pursuant to the Pig Purchase Agreements between Association and the members of Association.
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Related to EXCESS PRODUCTION

  • Excess Sales If the number or amount of Contract Securities attributable to an Underwriter pursuant to Section 4.1 hereof would exceed such Underwriter’s Original Underwriting Obligation reduced by the number or amount of Underwriters’ Securities sold by or on behalf of such Underwriter, such excess will not be attributed to such Underwriter, and such Underwriter will be regarded as having acted only as a Dealer with respect to, and will receive only the concession to Dealers on, such excess.

  • 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.

  • Manufacture 2.1. The LED(s) on the LED module shall be equipped with suitable fixation elements.

  • Net Sales The term “

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Product Testing Upon request, Customer shall provide Operator a laboratory report for each Product delivery by Customer or Customer’s supplier. Operator will not be obligated to receive Contaminated Product for throughput across the Berths, nor will Operator be obligated to accept Product that fails to meet the quality specifications set forth in the arrival notice.

  • 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.

  • Defective Product Seller must guarantee a return for all defective products. a) Goods rejected by Buyer for whatever reason shall be held, transported and/or stored at Seller’s sole expense. Seller shall promptly reimburse Buyer for any such expenses. B) Defective product purchase COD will be returned COD to Seller or COD check will be cancelled, at Buyer’s discretion. c) Seller is responsible for all costs associated RoHS noncompliance returns and will accept a full return for all parts not meeting RoHS compliance criteria if necessary. d) Seller is 100% responsible for all monetary and/or rework costs associated with product failures in addition to any further cost whatsoever associated with product failures. e) If suspect parts/counterfeit parts are furnished under this agreement such parts shall be impounded by Buyer. Buyer may provide a sample batch Supplier for verification and authentication. In addition, Buyer reserves the right to send such items to the appropriate manufacturer and appropriate authorities for investigation. f) Seller shall be liable for all costs relating to impound, investigation, removal, or replacement of suspect/counterfeit parts.

  • Combination Product The term “

  • 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.

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