Replacement Units. No additional royalty shall accrue to MS for Product or Recovery Media that is shipped to replace a defective unit. Company must distribute such replacement units directly to OEM Customer and at no charge, except for the reasonable costs Company incurs for materials, shipping, and handling.
Replacement Units. (a) If any mutilated Unit is surrendered to the Unit Agent or the Issuers and the Unit Agent receives evidence to its satisfaction of the destruction, loss or theft of any Unit, the Issuers will issue and the Unit Agent, upon receipt of a Company Order, will authenticate a replacement Unit if the Unit Agent’s requirements are met. An indemnity bond must be supplied by the Unitholder that is sufficient in the judgment of the Unit Agent and the Issuers to protect the Issuers, the Unit Agent, any Agent and any authenticating agent from any loss that any of them may suffer if a Unit is replaced. The Issuers may charge for their expenses in replacing a Unit.
Replacement Units. Subject to the provisions of section C8.4 above, if Buyer requests Seller to provide fully tested field replacement units (“FRUs”) and/or engineering replacement units (“ERUs”) to modify the Production Units that are in Buyer’s or its distributors’ inventory or installed at end user customers’ sites and that were delivered before Seller delivers Production Units in compliance with new Safety Standards, Seller shall, at Buyer’s expense, provide the FRUs and/or ERUs. Buyer shall, at its own expense, implement the modification using the FRUs and/or ERUs.
Replacement Units. If any mutilated Unit is surrendered to the Unit Agent or the Issuers and the Unit Agent and the Issuers receives evidence to their satisfaction of the destruction, loss or theft of any Unit and the Issuers shall issue and the Unit Agent, upon receipt of an order to authenticate the Units, shall authenticate a replacement Unit if the Unit Agent's requirements are met. If required by the Unit Agent or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Unit Agent and the Issuers to protect the Issuers, the Unit Agent, any Agent and any authenticating agent from any loss that any of them may suffer if a Unit is replaced. The Issuers may charge for their expenses in replacing a Unit. Every replacement Unit is an additional obligation of the Issuers and the Guarantor and shall be entitled to all of the benefits of this Unit Agreement equally and proportionately with all other Units duly issued hereunder.
Replacement Units. For any Other Deliverable Items other than Software, including Equipment or other Deliverable Items:
Replacement Units. PRESSER agrees to communicate directly with Products Plus and/or Ollie’s, as same pertains to the replacement of one thousand four hundred ninety-six (1,496) damaged, defective or otherwise inoperative Product units (the “Bad Units”) and will replace such Bad Units with Product units which are in good working order (the “Replacement Units”), and deliver such Replacement Units to the Ollie’s warehouse location by no later than August 30, 2013. The Bad Units shall be returned to PRESSER’s warehouse in China in a timely manner, with such arrangements to be PRESSER’s sole responsibility, and with any associated costs to be borne solely by PRESSER. For purposes of this section, the Ollie’s warehouse location shall be as follows: Ollie’s Bargain Outlet, ATTN: X.X. Xxx # 000000, Xxxxxxxxxxxx Xxxxxx 0000, 0000 Xxxxxxxx Xxx, Xxxx, XX 00000 (the “Ollie’s Warehouse Location”), and the shipping delivery documents shall consist of the following: signed billed of lading by receiving warehouse and/or proof of delivery (P.O.D.) document from the shipper (the “Shipping Delivery Documents”). PRESSER hereby agrees and acknowledges that time is of the essence with regard to the foregoing delivery date of the Replacement Units to the Ollie’s Warehouse Location. Notwithstanding the foregoing, the total Replacement Units shall consist of one thousand five hundred forty-one (1,541) units, which represents the one thousand four hundred ninety-six (1,496) Bad Units set forth above, plus an additional three percent (3%) overage, to cover any defects in the Replacement Units. Ten percent (10%) of the Replacement Units-- or one hundred fifty-four (154) units, to be selected at random -- shall be inspected in China and approved by an inspector (the “Inspector”), who shall be an independent individual qualified to perform such inspections selected by PRESSER. The cost of the inspection of the Replacement Units, to be performed by the Inspector, shall be equally shared by the parties. TVG shall be entitled to receive, and shall be furnished with a copy of the Inspector’s inspection report (the “Inspection Report”). With regard to the Inspection, same shall be deemed accepted and the Inspection Report thereunder accepted, if the Inspection reveals no more than 3% or no more than four (4) bad units (i.e., that the Inspection of the 154 units reveals that 150 or more of the units were found to be in good condition). Should the Inspection reveal more than 3% or 4 bad units, PRESSER shall cau...
Replacement Units. If any mutilated Units are surrendered to the Trustee or the Issuers or if the Holder of a Unit claims that the Unit has been lost, destroyed or wrongfully taken, the applicable Issuer will issue and the Trustee, upon receipt of an Authentication Order, will authenticate a replacement Unit if the Holder satisfies any reasonable requirements of the Trustee and the Issuers. If required by the Trustee or the Issuers, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Trustee and the Issuers to protect the Issuers, the Trustee, any Agent and any authenticating agent from any loss that any of them may suffer if a Unit is replaced. The Issuers and the Trustee may charge the Holders for each of its expenses in replacing a Unit. In case any such mutilated, destroyed, lost, or stolen Unit has become or is about to become due and payable, the applicable Issuer in its sole discretion may, instead of issuing a new Unit, pay such Unit. Upon the issuance of any new Unit under this Section 2.07, the applicable Issuer may require the payment of a sum sufficient to cover any tax, assessment, fee or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee) connected therewith. Every new Unit issued pursuant to this Section 2.07 in exchange for any mutilated Unit or in lieu of any destroyed, lost, or stolen Unit will constitute an original additional contractual obligation of the applicable Issuer, whether or not the mutilated, destroyed, lost, or stolen Unit shall be at any time enforceable by anyone, and will be entitled to all the benefits of this Indenture equally and proportionately with any and all other Units duly issued hereunder. The provisions of this Section 2.07 are exclusive and will preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Units.
Replacement Units. If any mutilated Unit Certificate is surrendered to the Unit Agent or the Company and the Unit Agent receives evidence to its reasonable satisfaction of the destruction, loss or theft of any Unit Certificate, the Company shall issue and the Unit Agent, upon receipt of a Unit Countersignature Order, shall countersign a replacement Unit Certificate if the Unit Agent’s requirements are met. If required by the Unit Agent or the Company, an indemnity bond must be supplied by the Holder that is sufficient in the judgment of the Unit Agent and the Company to protect the Company, the Unit Agent and any countersigning agent from any loss that any of them may suffer if a Unit is replaced. The Company may charge for its expenses in replacing a Unit Certificate. Every replacement Unit is an additional warrant of the Company and shall be entitled to all of the benefits of this Agreement equally and proportionately with all other Units duly issued hereunder.
Replacement Units. Supplier would be expected to provide [***] the following FRUs identified in Exhibit A, [***]: [*** Additional units required as seed stock to be used solely by Sun [***] from Supplier’s External Manufacturer. 15 EVALUATION UNITS Supplier will provide certain units of [***] Products solely for use by Sun in connection with non-revenue sales, marketing, and engineering for each configuration. This number of units of [***] Products will not exceed [***]. Additional units of [***] Products that are intended solely for use by Sun in connection with non-revenue sales, marketing and engineering [***].
Replacement Units. If a mutilated Definitive Unit is ----------------- surrendered to the Registrar, if a mutilated Global Unit is surrendered to the Company or if the Holder of a Unit claims that such Unit has been lost, destroyed or wrongfully taken, the Company shall issue and the Unit Agent shall authenticate a replacement Unit in such form as the Unit being replaced if the requirements of the Unit Agent, the Registrar and the Company are met. If required by the Unit Agent, the Registrar or the Company, such Holder must provide an indemnity bond or other indemnity, sufficient in the judgment of the Company, the Registrar and the Unit Agent, to protect the Company, the Registrar, the Unit Agent and any agent from any loss which any of them may suffer if a Unit is replaced. The Company may charge such Holder for its reasonable, out-of-pocket expenses in replacing a Unit, including reasonable fees and expenses of counsel. Every replacement Unit is an obligation of the Company.
