Common use of AGREEMENT AND ACCEPTANCE Clause in Contracts

AGREEMENT AND ACCEPTANCE. These terms and conditions, together with the purchase order, statement of work and any other documents specifically adopted by reference in any such documents, constitute the entire agreement (this “Agreement”) between SunCoke Energy, Inc. (“Buyer”) and the seller or vendor party thereto (“Seller”). This Agreement constitutes the parties’ entire contractual agreement and supersedes any previous oral or written representations, including but not limited to provisions in Seller’s quotations, proposals, acknowledgments or other documents. No course of dealing or usage of trade shall be applicable unless expressly incorporated in this Agreement. The terms of this Agreement may not be varied or modified in any manner, unless in a subsequent writing signed by an authorized representative of Buyer. Any stenographic or clerical errors are subject to correction by Xxxxx. Seller’s written acknowledgment or commencement of Seller’s performance of the services to be performed by it under this Agreement (the “Services”), whichever occurs first, shall be deemed acceptance of this Agreement. All Services shall be performed and/or Deliverables provided subject to an approved purchase order that is in the possession of Seller prior to commencement of the Services. Any acceptance by Seller is limited to acceptance of the express terms set forth in this Agreement. Any proposal for additional or different terms or any attempt by Seller to vary in any degree any of the terms of this Agreement is hereby deemed material and is objected to and rejected by Buyer. If this Agreement shall be deemed an acceptance of a prior offer by Seller, the acceptance is expressly made conditional on Seller’s assent to the terms and conditions set forth herein and such acceptance is limited to the express terms set forth in this Agreement. For the avoidance of doubt, in the event that any purchase order, statement of work or similar document constituting a part of this Agreement includes the procurement, construction, manufacture, provision, delivery and/or shipment of any goods, then the Services shall include such procurement, construction, manufacture, provision, delivery and/or shipment as well as the goods themselves.

AGREEMENT AND ACCEPTANCE. These terms and conditions, together with the purchase order, statement of work and any other documents specifically adopted by reference in any such documents, constitute the entire agreement (this “Agreement”) between SunCoke Energy, Inc. (“Buyer”) and the seller or vendor party thereto (“Seller”). This Agreement constitutes the parties’ entire contractual agreement and supersedes any previous oral or written representations, including but not limited to provisions in Seller’s quotations, proposals, acknowledgments or other documents. No course of dealing or usage of trade shall be applicable unless expressly incorporated in this Agreement. The terms of this Agreement may not be varied or modified in any manner, unless in a subsequent writing signed by an authorized representative of Buyer. Any stenographic or clerical errors are subject to correction by XxxxxBuyer. Seller’s written acknowledgment or commencement of Seller’s performance of work on the services goods to be performed provided by it under this Agreement (the “ServicesGoods”), or shipment of such Goods, whichever occurs first, shall be deemed acceptance of this Agreement. All Services Goods shall be performed and/or Deliverables provided subject to an approved purchase order that is in the possession of Seller prior to commencement shipment of the ServicesGoods. Any acceptance by Seller is limited to acceptance of the express terms set forth in this Agreement. Any proposal for additional or different terms or any attempt by Seller to vary in any degree any of the terms of this Agreement is hereby deemed material and is objected to and rejected by Buyer. If this Agreement shall be deemed an acceptance of a prior offer by Seller, the acceptance is expressly made conditional on Seller’s assent to the terms and conditions set forth herein and such acceptance is limited to the express terms set forth in this Agreement. For the avoidance of doubt, in the event that any purchase order, statement of work or similar document constituting a part of this Agreement includes the procurement, construction, manufacture, provision, delivery and/or shipment performance of any goodsservices, then for the Services purposes of this Agreement such services shall constitute a part of Seller’s obligations hereunder (and all references to “Goods” herein are deemed to include the performance of such procurement, construction, manufacture, provision, delivery and/or shipment as well as the goods themselvesservices).

AGREEMENT AND ACCEPTANCE. These terms and conditions, together with the purchase order, statement of work and any other documents specifically adopted by reference in any such documents, constitute the entire agreement between the parties (this the “Agreement”) between SunCoke Energy, Inc. (“Buyer”) and the seller or vendor party thereto (“Seller”). This Agreement constitutes the parties’ ' entire contractual agreement and supersedes any previous oral or written representations, including but not limited to provisions in Seller’s 's quotations, proposals, acknowledgments or other documents. No course of dealing or usage of trade shall be applicable unless expressly incorporated in this Agreement. The terms of this Agreement may not be varied or modified in any manner, unless in a subsequent writing signed by an authorized representative of Buyer. Any stenographic or clerical errors are subject to correction by Xxxxx. Seller’s 's written acknowledgment or acknowledgment, commencement of Seller’s performance work on the goods, or shipment of the services to be performed by it under this Agreement (the “Services”)such goods, whichever occurs first, shall be deemed an effective mode of acceptance of this Agreement. All Services shall work is to be performed done and/or Deliverables materials provided subject to an approved purchase order that is in the possession of Seller the supplier prior to commencement of the Servicesany said work. Any acceptance by Seller is limited to acceptance of the express terms set forth in this Agreement. Any proposal for additional or different terms or any attempt by Seller to vary in any degree any of the terms of this Agreement offer is hereby deemed material and is objected to and rejected rejected. Any such proposal shall not operate as a rejection of this offer unless the variances are in the terms of the description, quantity, price or delivery schedule of the goods, but shall be deemed a material alteration. Accordingly, this offer shall be deemed accepted by BuyerSeller without such additional or different terms. If this Agreement shall be deemed an acceptance of a prior offer by Seller, the acceptance is expressly made conditional on Seller’s assent to the additional or different terms and conditions set forth herein and such acceptance is limited to the express terms set forth in this Agreement. For Additional or different terms or any attempt by Seller to vary in any degree any of the avoidance of doubt, in the event that any purchase order, statement of work or similar document constituting a part terms of this Agreement includes the procurement, construction, manufacture, provision, delivery and/or shipment of any goods, then the Services shall include such procurement, construction, manufacture, provision, delivery and/or shipment as well as the goods themselvesbe deemed material and are objected to and rejected.

AGREEMENT AND ACCEPTANCE. These terms and conditions, together with the purchase order, statement of work and any other documents specifically adopted by reference in any such documents, constitute the entire agreement (this the “Agreement”) between SunCoke EnergyGreat Lakes Towers, Inc. LLC d/b/a Ventower Industries (the “Buyer”) and the seller party selling goods or vendor party thereto services to the Buyer (the “Seller”). This Agreement constitutes the parties’ entire contractual agreement and supersedes any previous oral or written representations, including but not limited to provisions in Seller’s quotations, proposals, acknowledgments or other documents. No course of dealing or usage of trade shall be applicable unless expressly incorporated in this Agreement. The terms of this Agreement may not be varied or modified in any manner, unless in a subsequent writing signed by an authorized representative of Buyer. Any stenographic or clerical errors are subject to correction by Xxxxx. Seller’s written acknowledgment or acknowledgment, commencement of Seller’s performance work on the goods, or shipment of the services to be performed by it under this Agreement (the “Services”)such goods, whichever occurs first, shall be deemed an effective mode of acceptance of this Agreement. All Services shall be performed and/or Deliverables provided subject to an approved purchase order that is in the possession of Seller prior to commencement of the Services. Any acceptance by Seller is limited to acceptance of the express terms set forth in this Agreement. Any proposal for additional or different terms or any attempt by Seller to vary in any degree any of the terms of this Agreement offer is hereby deemed material and is objected to and rejected rejected. Any such proposal shall not operate as a rejection of this offer unless the variances are in the terms of the description, quantity, price or delivery schedule of the goods, but shall be deemed a material alteration. Accordingly, this offer shall be deemed accepted by BuyerSeller without such additional or different terms. If this Agreement shall be deemed an acceptance of a prior offer by Seller, the acceptance is expressly made conditional on Seller’s assent to the additional or different terms and conditions set forth herein and such acceptance is limited to the express terms set forth in this Agreement. For Additional or different terms or any attempt by Seller to vary in any degree any of the avoidance of doubt, in the event that any purchase order, statement of work or similar document constituting a part terms of this Agreement includes the procurement, construction, manufacture, provision, delivery and/or shipment of any goods, then the Services shall include such procurement, construction, manufacture, provision, delivery and/or shipment as well as the goods themselvesbe deemed material and are objected to and rejected.

AGREEMENT AND ACCEPTANCE. These terms and conditionsThis purchase order, together with the purchase order, statement of work and any other documents specifically adopted by reference in any such documentsthis purchase order, constitute represents the entire agreement (this “Agreement”) between SunCoke Energy, Inc. (“Buyer”) parties. These terms and conditions and the seller or vendor party thereto (“Seller”). This Agreement constitutes terms on the reverse side constitute the parties’ entire contractual agreement and supersedes supersede any previous oral or written representations, including but not limited to provisions in Seller’s quotations, proposals, acknowledgments acknowledgements or other documents. No course of dealing or usage of trade shall be applicable unless expressly incorporated in this Agreementagreement. The terms of this Agreement agreement may not be varied or modified in an any manner, unless in a subsequent writing signed by an authorized representative of Buyer. Any stenographic or clerical errors on the reverse side are subject to correction by Xxxxx. Seller’s written acknowledgment or acknowledgement, commencement of Seller’s performance work on the goods, or shipment of the services to be performed by it under this Agreement (the “Services”)such goods, whichever occurs first, shall be deemed an effective mode of acceptance of this Agreement. All Services shall be performed and/or Deliverables provided subject to an approved purchase order that is in the possession of Seller prior to commencement of the Servicesorder. Any acceptance by Seller is limited to acceptance of the express terms set forth in this Agreementpurchase order. Any proposal for additional or different terms or any attempt by Seller to vary in any degree any of the terms of this Agreement offer is hereby deemed material and is objected to and rejected rejected. Any such proposal shall not operate as a rejection of this offer unless the variances are in the terms of the description, quantity, price or delivery schedule of the goods, but shall be deemed material alteration. Accordingly, this offer shall be deemed accepted by BuyerSeller without additional or different terms. If this Agreement purchase order shall be deemed an acceptance of a prior offer by Seller, the acceptance is expressly made conditional on Seller’s assent to the additional or different terms and conditions set forth herein and such acceptance is limited to the express terms set forth in this Agreement. For the avoidance of doubt, in the event that any purchase order, statement . Additional or different terms or any attempt by Seller to vary in any degree any of work or similar document constituting a part the terms of this Agreement includes the procurement, construction, manufacture, provision, delivery and/or shipment of any goods, then the Services agreement shall include such procurement, construction, manufacture, provision, delivery and/or shipment as well as the goods themselvesbe deemed material and are objected to and rejected.

AGREEMENT AND ACCEPTANCE. These terms and conditions, together with the purchase order, statement of work and any other documents specifically adopted by reference in any such documents, constitute the entire agreement between the parties (this the “Agreement”) between SunCoke Energy, Inc. (“Buyer”) and the seller or vendor party thereto (“Seller”). This Agreement constitutes the parties’ ' entire contractual agreement and supersedes any previous oral or written representations, including but not limited to provisions in Seller’s 's quotations, proposals, acknowledgments acknowledgments, or other documents. No course of dealing or usage of trade shall be applicable unless expressly incorporated in this Agreement. The terms of this Agreement may not be varied or modified in any manner, unless in a subsequent writing signed by an authorized representative of Buyer. Any stenographic or clerical errors are subject to correction by XxxxxBuyer. Seller’s 's written acknowledgment or acknowledgment, commencement of Seller’s performance work on the goods, or shipment of the services to be performed by it under this Agreement (the “Services”)such goods, whichever occurs first, shall be deemed an effective mode of acceptance of this Agreement. All Services shall work is to be performed done and/or Deliverables materials provided subject to an approved purchase order that is in the possession of Seller the supplier prior to commencement of the Servicesany said work. Any acceptance by Seller is limited to acceptance of the express terms set forth in this Agreement. Any proposal for additional or different terms or any attempt by Seller to vary in any degree any of the terms of this Agreement offer is hereby deemed material and is objected to and rejected rejected. Any such proposal shall not operate as a rejection of this offer unless the variances are in the terms of the description, quantity, price, or delivery schedule of the goods, but shall be deemed a material alteration. Accordingly, this offer shall be deemed accepted by BuyerSeller without such additional or different terms. If this Agreement shall be deemed an acceptance of a prior offer by Seller, the acceptance is expressly made conditional on Seller’s assent to the additional or different terms and conditions set forth herein and such acceptance is limited to the express terms set forth in this Agreement. For Additional or different terms or any attempt by Seller to vary in any degree any of the avoidance of doubt, in the event that any purchase order, statement of work or similar document constituting a part terms of this Agreement includes the procurement, construction, manufacture, provision, delivery and/or shipment of any goods, then the Services shall include such procurement, construction, manufacture, provision, delivery and/or shipment as well as the goods themselvesbe deemed material and are objected to and rejected.