Product Fund Sample Clauses

Product Fund. Amadeus will make available to EBOOKERS a soft-dollar fund in the amount of (***) Euro per Net Segment produced per Month for Year 1, Year 2 and Year 3. This fund may be used to offset charges for office automation equipment (terminals and printers) and reasonable levels of training on such office automation equipment provided by Amadeus or an Amadeus ACO and no other purpose. This fund will not be paid in cash and unused portions will not roll over to subsequent Months. In the event EBOOKERS does not achieve the Total Target then the Product Fund will be (***) and Amadeus may invoice EBOOKERS (***) Euro for each (***) utilized under this paragraph.
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Product Fund. Amadeus will provide a (***) million Euro soft fund (“Product Fund”) for the Years and in the increments per Year set forth below Year Product (Euro) Fund Year 1 (***) Year 2 (***) Year 3 (***) The Product Fund is made available subject to the condition that EBOOKERS achieve the Net Segment Targets identified below per Year for the first three years of the Agreement: Year Net Segment Target 2004 (***) 2005 (***) 2006 (***) If the above targets are not met for any Year, then the amount of the Product Fund available for such Year will be a pro-rata amount based upon the percentage of the Net Segment Target achieved for such Year. To qualify for payment from the Product Fund, all requests for application must be made by EBOOKERS central office in London to the Amadeus global account manager. Amadeus will not approve application of the Product Fund to any charges unless this process is followed. The Product Fund may be utilized for:
Product Fund. The Product Fund may be used to help offset any start-up costs for implementations in Spain and Benelux.
Product Fund. Amadeus will make available to Customer a soft US Dollar fund of XXXX per Net Booking produced by Customer Locations per quarter. The Product Fund may be used by Customer to offset charges for Amadeus products and services incurred during the applicable quarter. The Product Fund will also be made available to Customer to offset charges related to mutually agreed IT projects or solutions. For the avoidance of doubt the Product Fund may not be used to offset charges related to the IT Hosting Services Fees detailed in Exhibit 3 (C). Unused portions of the Product Fund earned in a Year may be rolled over to a maximum of one subsequent Year. In no event will the Product Fund be paid in cash to Customer. Confidential Treatment Requested The portions of this document marked by “XXXX” have been omitted pursuant to a request for confidential treatment and have been filed separately with the Securities and Exchange Commission EXHIBIT 3
Product Fund. During the Term, Amadeus will make a non-cash fund (“Product Fund”) available to Customer according to the following terms:
Product Fund. The Product Fund as referenced in Section 9 of the Complimentary and Amendment Agreement shall be as referenced in Section IX of Schedule A hereto. The Product Fund that has accrued as of the Extension Amendment Effective Date is hereby waived by EBOOKERS (i.e., the Product Fund is at zero as of the Extension Amendment Effective Date.)

Related to Product Fund

  • Product The term “

  • Product Recalls The Company is not aware of any pattern or series of claims against the Company or any of its subsidiaries which reasonably could be expected to result in a generalized product recall relating to products sold by the Company or any of its subsidiaries, regardless of whether such product recall is formal, informal, voluntary or involuntary.

  • Product Recall (a) If any governmental agency with jurisdiction over the recall of any goods supplied hereunder provides written notice to Buyer or Seller, or Buyer or Seller has a reasonable basis to conclude, that any goods supplied hereunder could possibly create a potential safety hazard or unsafe condition, pose an unreasonable risk of serious injury or death, contain a defect or a quality or performance deficiency, or are not in compliance with any applicable code, standard or legal requirement so as to make it advisable, or required, that such goods be recalled and/or repaired, Seller or Buyer will promptly communicate such relevant facts to each other. Buyer shall determine whether a recall of the affected goods is warranted or advisable, unless Buyer or Seller has received notice to that effect from any governmental agency with jurisdiction over the recalled goods.

  • Combination Products If a LICENSED PRODUCT is sold to any third party in combination with other products, devices, components or materials that are capable of being sold separately and are not subject to royalties hereunder (“OTHER PRODUCTS,” with the combination of products being referred to as “COMBINATION PRODUCTS” and the Other Product and Licensed Product in such Combination Product being referred to as the “COMPONENTS”), the NET SALES of such LICENSED PRODUCT included in such COMBINATION PRODUCT shall be calculated by multiplying the NET SALES of the COMBINATION PRODUCT by the fraction A/(A+B), where A is the average NET SALES price of such LICENSED PRODUCT in the relevant country, as sold separately, and B is the total average NET SALES price of all OTHER PRODUCTS in the COMBINATION PRODUCT in the relevant country, as sold separately. If, in any country, any COMPONENT is not sold separately, NET SALES for royalty determination shall be determined by the formula [C / (C+D)], where C is the aggregate average fully absorbed cost of the Licensed Product components during the prior Royalty Period and D is the aggregate average fully absorbed cost of the other essential functional components during the prior Royalty Period, with such costs being determined in accordance with generally accepted accounting principles. To the extent that any SUBLICENSE INCOME relates to a COMBINATION PRODUCT or is otherwise calculated based on the value of one or more licenses or intellectual property rights held by the COMPANY, an AFFILIATE or SUBLICENSEE, COMPANY shall determine in good faith and report to THE PARTIES the share of such payments reasonably attributable to COMPANY’s or such AFFILIATE’s sublicense of the rights granted hereunder, based upon their relative importance and proprietary protection, which portion shall be the SUBLICENSE INCOME. THE PARTIES shall have the right to dispute such sharing determination in accordance with the dispute provisions of the AGREEMENT.

  • API A. Reliant shall supply to Cardinal Health for Manufacturing and Packaging, at Reliant’s sole cost, the API and applicable reference standards in quantities sufficient to meet Reliant’s requirements for each Product as further set forth in Article 4. Prior to delivery of any of the API or reference standard to Cardinal Health for Manufacturing and Packaging, Reliant shall provide to Cardinal Health a copy of the API Material Safety Data Sheet (“MSDS”), as amended, and any subsequent revisions thereto. Reliant shall supply the API, reference standards, and Certificate of Analysis FOB the Facility no later than thirty (30) days before the scheduled Manufacture Date upon which such API will be used by Cardinal Health. Upon receipt of the API, Cardinal Health shall conduct identification testing of the API. Cardinal Health shall use the API solely and exclusively for Manufacturing and Packaging under this Agreement. The maximum volume of API that Reliant supplies to Cardinal Health shall not exceed the amount reflected in the Firm Commitment and the next six (6) months of the Rolling Forecast.

  • Licensed Product “Licensed Product” shall mean any article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights.

  • Product Claims You and the end-user must acknowledge that You, not Apple, are responsible for addressing any claims of the end-user or any third party relating to the Licensed Application or the end-user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The XXXX may not limit Your liability to the end-user beyond what is permitted by applicable law.

  • Manufacturing Costs In the event of termination by Merck pursuant to Section 6.2, 6.3 or 6.6 above, Merck shall be entitled to [*****] (as defined herein) incurred by Merck for its Compound Delivered for the Study. [*****]

  • Combination Product The term “

  • Product Returns Client will have the responsibility for handling customer returns of the Products. Patheon will give Client any assistance that Client may reasonably require to handle the returns.

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