AGREEMENT OF THE Sample Clauses

AGREEMENT OF THE. PARTIES REGARDING DOMS TO BE ORDERED FOR NORTEL NETWORKS' INTERNAL USE: AIRVANA hereby provides NORTEL NETWORKS with a credit for a quantity of [**] MetroCell Data Only Module Products (DOMs). Any additional such DOMs which NORTEL NETWORKS requires for its internal use shall be purchased by NORTEL NETWORKS, invoiced and paid by one of the following options which NORTEL NETWORKS, in its discretion, will choose at the time the order for such additional DOMs is placed: For DOMs shipped prior to December 31, 2002: Option 1: NORTEL NETWORKS will purchase such DOMs at the price set forth in Appendix A. AIRVANA shall invoice NORTEL NETWORKS upon shipment with [**]% of such invoice amount due in accordance with Clause 7.2 of the Agreement, and the remaining [**]% shall be due from NORTEL NETWORKS no later than the later of January 21, 2003. Option 2: NORTEL NETWORKS will purchase such DOMs at the price set forth in Appendix A less a [**]% discount. AIRVANA shall invoice NORTEL NETWORKS upon shipment for the entire amount, which invoice will be paid in accordance with Clause 7.2 of the Agreement. For DOMs shipped after December 31, 2002: NORTEL NETWORKS will purchase such DOMs at the price set forth in Appendix A and payment by NORTEL NETWORKS shall be in accordance with Clause 7.2 of the Agreement. AGREEMENT OF THE PARTIES REGARDING SOFTWARE TO BE PROVIDED FOR NORTEL NETWORKS' INTERNAL USE: All Software required by NORTEL NETWORKS for its internal use during the development and testing activities set forth in the Statement of Work shall be provided free of charge by AIRVANA. PRODUCT INTEGRITY TESTING Product Integrity testing of the DOM (together with the NORTEL NETWORKS MetroCell product) will be conducted by NORTEL NETWORKS at NORTEL NETWORKS' expense in accordance with the Specifications using whatever quantity of DOMs are required in NORTEL NETWORKS discretion. In the event that the DOM fails such Product Integrity testing, AIRVANA shall perform the required technical problem resolution activities set forth in the Statement of Work to correct such failures in all DOMs provided by AIRVANA to NORTEL NETWORKS for its internal purposes as described in the section above within the applicable timeframes agreed upon in the Statement of Work so that all the DOMs meet the applicable Specifications. Any second or more occurrences of Product Integrity testing of the DOM (together with the NORTEL NETWORKS MetroCell product) shall be conducted by NORTEL NETWORKS and the co...
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Related to AGREEMENT OF THE

  • Agreement Overview This SLA operates in conjunction with, and does not supersede or replace any part of, the Agreement. It outlines the information technology service levels that we will provide to you to ensure the availability of the application services that you have requested us to provide. All other support services are documented in the Support Call Process.

  • Entire Agreement; Amendment of this Agreement This Agreement constitutes the entire agreement between the parties with respect to the Funds. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought.

  • Inconsistencies with Other Documents; Independent Effect of Covenants (a) In the event there is a conflict or inconsistency between this Agreement and any other Loan Document, the terms of this Agreement shall control; provided that, other than for purposes of Article XI, any provision of the other Loan Documents which imposes additional burdens on any Borrower or its Subsidiaries or further restricts the rights of such Borrower or its Subsidiaries or gives the Administrative Agent or any Lender additional rights shall not be deemed to be in conflict or inconsistent with this Agreement and shall be given full force and effect. (b) Each Borrower expressly acknowledges and agrees that each covenant contained in Article VIII, IX, or X hereof shall be given independent effect. Accordingly, no Borrower shall engage in any transaction or other act otherwise permitted under any covenant contained in Article VIII, IX, or X if, before or after giving effect to such transaction or act, such Borrower shall or would be in breach of any other covenant contained in Article VIII, IX, or X.

  • AGREEMENT OF THE PARTIES The language used in this Agreement will be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party hereto. Neither Executive nor the Company shall be entitled to any presumption in connection with any determination made hereunder in connection with any arbitration, judicial or administrative proceeding relating to or arising under this Agreement.

  • Cooperation Agreement If a Cooperating Institution is appointed, the Fund shall enter into a Cooperation Agreement with the Cooperating Institution setting forth the terms and conditions of its appointment.

  • Right to Make Agreement Each party warrants, with respect to itself, that neither the execution of this Agreement, nor the consummation of any transaction contemplated hereby, shall violate any provision of any law, or any judgment, writ, injunction, order or decree of any court or governmental authority having jurisdiction over it; nor result in or constitute a breach or default under any indenture, contract, other commitment or restriction to which it is a party or by which it is bound; nor require any consent, vote or approval which has not been given or taken, or at the time of the transaction involved shall not have been given or taken. Each party covenants that it has and will continue to have throughout the term of this Agreement and any extensions thereof, the full right to enter into this Agreement and perform its obligations hereunder.

  • NO CONFLICT WITH EXISTING OBLIGATIONS Executive represents that Executive’s performance of all the terms of this Agreement does not and will not breach any agreement or obligation of any kind made prior to Executive’s employment by the Company, including agreements or obligations Executive may have with prior employers or entities for which Executive has provided services. Executive has not entered into, and Executive agrees that Executive will not enter into, any agreement or obligation, either written or oral, in conflict herewith.

  • ENTIREAGREEMENT This Agreement, along with its schedules, constitutes the entire Agreement between the Parties with respect to the subject matter hereof and supersedes any and all understandings, any other agreements, allotment letter, correspondences, arrangements whether written or oral, if any, between the Parties in regard to the said apartment/plot/building, as the case may be.

  • Master Services Agreement This Agreement is a master agreement governing the relationship between the Parties solely with regard to State Street’s provision of Services to each BTC Recipient under the applicable Service Modules.

  • Services Agreement “Services Agreement” shall mean any present or future agreements, either written or oral, between Covered Entity and Business Associate under which Business Associate provides services to Covered Entity which involve the use or disclosure of Protected Health Information. The Services Agreement is amended by and incorporates the terms of this BA Agreement.

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