Terms Applicable Sample Clauses

Terms Applicable. From time to time Netrix and its affiliates shall provide services, deliverables and third party products to Client as set forth in an applicable signed statement of work or Netrix Quote (each a “Statement of Work” or “SOW”). These general terms (“Terms”) shall apply to each SOW, and each SOW (including any exhibits thereto) shall be a separate and individually enforceable agreement between Client and Netrix (or Netrix affiliate that executes the SOW). If a SOW is executed by a Netrix affiliate, the term “Netrix” as used in this Agreement shall refer solely to such Netrix affiliate. In the event of a conflict between a SOW and these Terms, the SOW shall control to the extent of the conflict.
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Terms Applicable. With respect to the Subleased Premises only, the terms conditions and respective obligations of Sublessor and Sublessee to each other under this Sublease shall be, mutatis mutandis, the terms and conditions of the Master Lease, except for those provisions of the Master Lease which are directly contradicted by this Sublease in which event the terms of this Sublease shall control over the Master Lease, or are excluded or modified as provided in Section 6.4 below. Therefore, for that purpose, wherever in the Master Lease the word "Landlord" is used it shall be deemed to mean the Sublessor herein and wherever in the Master Lease the word "Tenant" is used it shall be deemed to mean the Sublessee herein.
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Terms Applicable. From time to time n+2 will provide Services and/or Goods to Client as set forth in an applicable signed service order form or statement of work or other written order for services (each an “SOF”). This Agreement shall apply to each SOF, and each SOF shall be a separate and individually enforceable agreement between Client and n+2. In the event of a conflict between an SOF and this Agreement, the SOF shall control to the extent of the conflict.
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Terms Applicable. 4.1 - In consideration for EventME providing all or part of the service, the User agrees to be bound by these Terms.
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Terms Applicable. This quotation or sales order acknowledgement and Foss Performance Materials, LLC (“FPM”) 's sale of Products and /or provision of Services described in Buyer's purchase order issued in whole or in part in response to this quotation or in response to which this sales order acknowledgement is issued are expressly limited to and expressly made conditional on, Buyer's acceptance of the FPM Terms and Conditions of Sale listed below, which are the exclusive terms and conditions upon which FPM (“Seller”) will accept a purchase order for the sale of goods and/or the provision of services (“Goods” and “Services”) (collectively, the “Terms”). These Terms may only be varied or waived by a written agreement signed by Seller. If Seller's Terms differ from the terms of any offer made or order placed by Xxxxx, then any subsequent communication from Seller constitutes a counter offer and not acceptance of Buyer's terms. Any quotation is given by Seller on the basis that no agreement shall come into existence until Seller issues a written sales order acknowledgment to Buyer. Any provision or condition of Buyer's purchase order or other document which is in any way different from (or in addition to) Seller's Terms is specifically rejected and will not be binding on Seller. Xxxxx's acceptance of Xxxxxx's Terms will be conclusively presumed if Seller doesn't receive Buyer's objection(s) within 3 business days from the date of Seller's Sales Order Acknowledgement. The term “Agreement” as used herein means this quotation or acknowledgment of Buyer's purchase order, together with any attachment thereto, any documents expressly incorporated by reference (but excluding any Buyer terms and conditions attached thereto or incorporated therein by reference), and these Terms and Conditions of Sale.
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Terms Applicable. (1) These Conditions shall apply to all contracts for the purchase of Services by Monitor to the exclusion of all other terms and conditions, including any terms or conditions which the Contractor may purport to apply under any sales offer, standard terms of sale, acknowledgement of order or similar documentation.
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Terms Applicable. TO ALL FEATURE CATEGORIES
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Related to Terms Applicable

  • Additional Terms applicable to the Transaction Adjustments applicable to the Transaction: Potential Adjustment Events: Notwithstanding Section 11.2(e) of the Equity Definitions, a “Potential Adjustment Event” means an occurrence of any event or condition, as set forth in any Dilution Adjustment Provision, that would result in an adjustment under the Indenture to the “Conversion Rate” or the composition of a “unit of Reference Property” or to any “Last Reported Sale Price,” “Daily VWAP,” “Daily Conversion Value” or “Daily Settlement Amount” (each as defined in the Indenture). For the avoidance of doubt, Dealer shall not have any delivery or payment obligation hereunder, and no adjustment shall be made to the terms of the Transaction, on account of (x) any distribution of cash, property or securities by Counterparty to holders of the Convertible Notes (upon conversion or otherwise) or (y) any other transaction in which holders of the Convertible Notes are entitled to participate, in each case, in lieu of an adjustment under the Indenture of the type referred to in the immediately preceding sentence (including, without limitation, pursuant to the fourth sentence of Section 14.04(c) of the Indenture or the fourth sentence of Section 14.04(d) of the Indenture). Method of Adjustment: Calculation Agent Adjustment, which means that, notwithstanding Section 11.2(c) of the Equity Definitions, upon any Potential Adjustment Event, the Calculation Agent, acting in good faith and in a commercially reasonable manner, shall make a corresponding adjustment to any one or more of the Strike Price, Number of Options, Option Entitlement and any other variable relevant to the exercise, settlement or payment for the Transaction. Notwithstanding the foregoing and “Consequences of Merger Events / Tender Offers” below:

  • Additional Terms Applicable to an Incentive Option In the event this option is designated an Incentive Option in the Grant Notice, the following terms and conditions shall also apply to the grant:

  • Contract Terms To Be Exclusive This written agreement contains the sole and entire agreement between the parties, and supersedes any and all other agreements between them. The parties acknowledge and agree that neither of them has made any representation with respect to the subject matter of this agreement or any representations inducing the execution and delivery hereof except such representations as are specifically set forth herein, and each party acknowledges that he or it has relied on his or its own judgment in entering into the agreement. The parties further acknowledge that any statements or representations that may have heretofore been made by either of them to the other are void and of no effect and that neither of them has relied thereon in connection with his or its dealings with the other.

  • Standard Terms and Conditions Executive expressly understands and acknowledges that the Standard Terms and Conditions attached hereto are incorporated herein by reference, deemed a part of this Agreement and are binding and enforceable provisions of this Agreement. References to “this Agreement” or the use of the term “hereof” shall refer to this Agreement and the Standard Terms and Conditions attached hereto, taken as a whole.

  • General Terms and Conditions In consideration of the mutual promises contained in this Agreement, and intending to be legally bound, pursuant to Section 252 of the Act, Verizon and PNG hereby agree as follows:

  • Defined Terms and Rules of Construction Reference is made to the Glossary of Defined Terms and Rules of Construction (as the same may be supplemented, amended or modified, the “Glossary”) attached as Exhibit A to the Indenture. The Glossary is incorporated herein by reference. Capitalized terms used but not otherwise defined herein shall have the respective meanings assigned thereto in the Glossary.

  • Additional Terms and Conditions Applicable to Subletting The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein:

  • ADDITIONAL TERMS AND CONDITIONS This Annex A to the Second Amended and Restated Servicing Agreement, dated October 31, 2021 (the “Agreement”), among Xxxxx Bank and Xxxxx Trust Company, as Sellers, the Bank Assets Purchaser and, upon execution of the Joinder Agreement, the Delaware Trust Assets Purchaser, as Purchasers, and Guarantor (solely for purposes of Section 9.5 of the Agreement), is incorporated into and deemed part of the Agreement in all respects.

  • Issuance and Terms of Equipment Notes The Equipment Notes shall be dated the date of issuance thereof, shall be issued in three separate series consisting of Series A, Series B and Series C and in the maturities and principal amounts and shall bear interest as specified in Schedule I hereto. On the date of the consummation of the Transactions, each Equipment Note shall be issued to the Subordination Agent on behalf of the Pass Through Trustees under the Pass Through Trust Agreements. The Equipment Notes shall be issued in registered form only. The Equipment Notes shall be issued in denominations of $1,000 and integral multiples thereof, except that one Equipment Note of each Series may be in an amount that is not an integral multiple of $1,000. Each Equipment Note shall bear interest at the Debt Rate (calculated on the basis of a year of 360 days comprised of twelve 30-day months) on the unpaid Original Amount thereof from time to time outstanding, payable in arrears on April 1, 1998, and on each October 1 and April 1 thereafter until maturity. The Original Amount of each Equipment Note shall be payable on the dates and in the installments equal to the corresponding percentage of the Original Amount as set forth in Schedule I hereto which shall be attached as Schedule I to the Equipment Notes. Notwithstanding the foregoing, the final payment made under each Equipment Note shall be in an amount sufficient to discharge in full the unpaid Original Amount and all accrued and unpaid interest on, and any other amounts due under, such Equipment Note. Each Equipment Note shall bear interest at the Payment Due Rate (calculated on the basis of a year of 360 days comprised of twelve 30-day months) on any part of the Original Amount, Make-Whole Amount, if any, and, to the extent permitted by applicable Law, interest and any other amounts payable thereunder not paid when due for any period during which the same shall be overdue, in each case for the period the same is overdue. Amounts shall be overdue if not paid when due (whether at stated maturity, by acceleration or otherwise). Notwithstanding anything to the contrary contained herein, if any date on which a payment under any Equipment Note becomes due and payable is not a Business Day then such payment shall not be made on such scheduled date but shall be made on the next succeeding Business Day and if such payment is made on such next succeeding Business Day, no interest shall accrue on the amount of such payment during such extension.

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