Agreement Preparation. It is agreed and understood by the Parties that this agreement has been arrived at through negotiation and that neither Party is to be deemed the Party which created any uncertainty in this agreement within the meaning of section 1654 of the Civil Code.
Agreement Preparation. The Officer acknowledges that this Agreement has been prepared by counsel for the Company, and the Officer has not relied on any representation made by the Company's attorneys. The Officer has engaged an attorney of his choice to review this agreement on his behalf. By signing this employment agreement, officer is hereby certifying that officer (a) received a copy of this agreement for review and study before executing it; (b) read this agreement carefully before signing it; (c) had sufficient opportunity before signing the agreement to ask any questions officer had about the agreement and received satisfactory answers to all such questions; and (d) understands officer's rights and obligations under the agreement.
Agreement Preparation. This Agreement shall be considered for all purposes as prepared through the joint efforts of the parties and shall not be construed against one party or the other as a result of the manner in which this Agreement was negotiated, prepared, drafted or executed.
Agreement Preparation. The Parties acknowledge that they have sought and obtained whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this AGREEMENT has been their joint effort. This AGREEMENT contains the Parties’ mutual expressions and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other.
Agreement Preparation. Agreements will be executed prior to the performance of work to be reimbursed with federal funds. The DOT&PF will prepare an agreement for the local agency review. Once agreement is reached on the content, DOT&PF will prepare the agreement for signature by the local agency and followed by the DOT&PF. The agreement will be executed in duplicate originals, with a copy of the fully executed agreement for each party.
Agreement Preparation. The parties acknowledge that each party, and its counsel, have reviewed and revised this Agreement, and the parties agree that the rule of interpretation of contracts, as set forth in Louisiana Civil Code Article 2056, to the effect that any doubt concerning a provision in a contract is to be resolved against the drafting party or party who furnished its text, shall not be employed in the interpretation of this Agreement or any amendments or Exhibits.
Agreement Preparation. The SFPUC, at its sole discretion, may invite the highest-ranked Proposer to negotiate the proposed OPR, billing rates, and staffing listed in the submitted OPS. The SFPUC reserves the right to proceed to negotiation with the next highest-ranked Proposer if the SFPUC does not reach an agreement with that Proposer. If the parties reach an agreement in principle, the SFPUC General Manager will make a recommendation to the SFPUC Commission for award of the Agreement. The Agreement may be subject to approval by the BOS pursuant to San Francisco Charter Section 9.118. Failure by the Proposer to obtain compliance with City requirements and execute an Agreement within two weeks of the date of the SFPUC Commission’s authorization to execute the Agreement may result in the SFPUC General Manager’s executing an Agreement with the next highest- ranked Proposer. The SFPUC, at its sole discretion, may select another Proposer and may proceed against the original Contractor for damages. The SFPUC will issue a Notice of Contract Award after the Contractor obtains all necessary City approvals, submits required documents, executes the Agreement, and the City Controller certifies the Agreement.
Agreement Preparation. This Agreement shall be considered for all purposes as prepared through the joint efforts of the parties and shall not be construed against one party or the other as a result of the manner in which this Agreement was negotiated, prepared, drafted or executed. *** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION NORSUN AS: SUNPOWER CORPORATION By: /s/ XXXXX XXXXXXXX By: /s/ XXXXXX XXXXXX Print Name: Xxxxx Xxxxxxxx Print Name: Xxxxxx Xxxxxx Title: Chairman of the Board Title: Chief Executive Officer Date: August 9, 2007 Date: August 9, 2007 *** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION 13 EXHIBIT A POLYSILICON SPECIFICATIONS HSC PRODUCT SPECIFICATIONS *** *** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION EXHIBIT B PRICES, PAYMENT, and DELIVERY VOLUME Year Price* SunPower Supplied Poly Volume (Metric Tons, or “MT”) NorSun Poly Volume (MT) from Third Parties Total Poly Volume** Comment 2007 $ ***/kg *** *** *** 2008 $ ***/kg *** *** *** 2009 $ ***/kg *** *** *** 2010 $ ***/kg *** *** *** Beginning of Credit for Advance Payment 2011 $ ***/kg *** *** *** 2012 $ ***/kg *** *** *** 2013 $ ***/kg *** *** *** 2014 $ ***/kg *** *** *** 2015 $ ***/kg *** *** *** 2016 $ ***/kg *** *** *** 2017 $ ***/kg *** *** *** 2018 $ ***/kg *** *** *** 2019 $ ***/kg *** *** *** * The prices listed apply to the SunPower Poly Volume column and are gross (i.e. before credit of the Advance Payment). NorSun shall receive a $***/kg credit per shipment against each invoice until the remaining portion of the Advance Payment is reduced to zero. ** Total Polysilicon volumes to be converted into SunPower Ingots or Wafers. Conversion weights to be agreed to in Ingot/Wafer Supply Agreement. *** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION
Agreement Preparation. The SFPUC in its sole discretion may invite the highest-ranked Proposer to negotiate the proposed OPR, billing rates, and staffing listed in the submitted OPS. The SFPUC reserves the right to proceed to negotiation with the next highest-ranked Proposer if the SFPUC does not reach an agreement with that Proposer. If the parties reach an agreement in principle, the SFPUC General Manager will make a recommendation to the SFPUC Commission for award of the Agreement. The Agreement may be subject to approval by the BOS pursuant to San Francisco Charter Section 9.118. Failure by the Proposer to obtain compliance with City requirements and execute an Agreement within two weeks of the date of the SFPUC Commission’s authorization to execute the Agreement may result in the SFPUC General Manager’s executing an Agreement with the next highest- ranked Proposer. The SFPUC, in its sole discretion, may select another Proposer and may proceed against the original Contractor for damages. The SFPUC will issue a Notice of Contract Award after the Contractor obtains all necessary City approvals, submits required documents, executes the Agreement, and the City Controller certifies the Agreement. Agreement Administration The SFPUC may direct Contractor to perform work in phases. The SFPUC will determine the work to be conducted under each phase and authorize the start of each phase in accordance with the overall agreed upon project schedule. The City strictly prohibits the Contractor from commencing work under the Agreement until the SFPUC issues a written Notice to Proceed (NTP). The City shall not be liable for payment for any work performed by the Contractor prior to the City’s issuance of an NTP. In accordance with San Francisco Administrative Code Chapter 6, no proposal is accepted and no contract in excess of $200,000 is awarded by the City until such time as the SFPUC General Manager recommends the contract award and the SFPUC Commission then adopts a resolution awarding the contract.
Agreement Preparation. The SFPUC General Manager will make a recommendation to the SFPUC Commissioners, subject to approval by the San Francisco Board of Supervisors pursuant to City Charter Section 9.118, that the Agreement be awarded to the highest-ranked Proposer to perform the requested services. The terms of the Agreement, including the overhead and profit rate and billing rates listed in the submitted OPS will not be negotiable. Failure by the Proposer to obtain compliance with City requirements and execute an Agreement within two (2) weeks of the date of the Board of Supervisors’ approval of the Commission’s authorization to execute the Agreement may result in the General Manager’s executing an Agreement with the next highest ranked Proposer. Once the Agreement is complete and after obtaining all the necessary City approvals, the Agreement will be executed and certified, and a Notice of Agreement Award will be issued.
