ARRANGEMENTS WITH CUSTOMERS Sample Clauses

ARRANGEMENTS WITH CUSTOMERS. (a) DSM hereby agrees to accept the * pricing for ARA Products as set forth in Section 5.4(b) (i) when and if Martek enters into * arrangements with * pursuant to that certain * between them * to order quantities of ARA Products * solely for inclusion in Infant Formula Products that will be sold * in certain * and (ii) to meet its obligations to * Customers. (b) DSM agrees (i) to accept Martek Purchase Orders for specified quantities of ARA Products for which the delivery instructions provided by Martek in accordance with Section 3.8(a) specify that the ARA Products delivered pursuant to such Purchase Orders will be included in an Infant Formula Product that will be sold by * Customers * in one or more * and, together with DHA supplied by Martek, must comprise * of any and all Omega-3 and Omega-6 long chain polyunsaturated fatty acids (i.e., fatty acids other than linolenic acid, gammalinolenic acid and alphalinolenic acid that contain at least * and at least * in any Infant Formula Product sold by * Customers as applicable in the *, and (ii) notwithstanding Section 6.1 of the Agreement, to accept as payment in full for the ARA Products subject to each such Martek Purchase Order an amount equal to the greater of (A) * or (B) *. Notwithstanding the foregoing, DSM shall not be required to accept in any calendar year Martek Purchase Orders for ARA Products for * Customers at such * in an amount * of the * that are the subject of Martek’s Purchase Orders *. To the extent that such Martek Purchase Orders * the * and the then current * for such * within forty-five (45) days of the end of such calendar year. (c) Martek shall (i) require * Customer, on whose behalf Martek orders ARA Products at the price set forth in Section 5.4(b), to maintain complete and adequate books and records of all sales of ARA Products ordered at such price, (ii) reserve and, in Martek’s discretion, exercise the right to audit such books and records to enable Martek to verify that all such quantities of ARA Products are included only in Infant Formula Products that are sold only in *, and (iii) shall take such steps which are reasonable to ensure that such quantities of ARA Products are included only in Infant Formula Products that are sold in *.
Sample 1
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ARRANGEMENTS WITH CUSTOMERS. 6.1 Prior to licensing the Software to a customer IVP will verify and accept the release of Software that is to be licensed. 6.2 IVP will licence the Software to customers broadly under the terms of TiG's end user licence as set out in appendix 2 to this agreement. Payment of all licence fees will be made directly to IVP and IVP will account to TiG for the amounts received at 50% of the selling price with a minimum of 50% of list price in accordance with, clause 4.2. Payment of all maintenance fees will be made directly to IVP and IVP will account to TiG for the amounts received at 10% of the selling price with a minimum of 10% of list price in accordance with clause 4.3.
Sample 1
ARRANGEMENTS WITH CUSTOMERS. IVP will licence the Software to customers broadly under the terms of TiG's end user licence as set out in appendix 2 to this agreement. Payment of all licence fees will be made directly to IVP and IVP will account to TiG for the amounts received at 50% of list price in accordance with clause 4.2.
Sample 1

Related to ARRANGEMENTS WITH CUSTOMERS

  • AGREEMENTS WITH CUSTOMERS The Products are provided by the Third Party Vendor. All Terms of Use or Service as established by the Third Party Vendor and as set forth inter alia at xxxxx://xxx.xxxxxxxx.xxx/legal/migrationwiz-user-agreement/ and xxxxx://xxx.xxxxxxxx.xxx/legal/mspcomplete-access-agreement/ shall apply to the VAR’s resale activity and to the VAR’s Customers, including but not limited to the VAR’s indemnity of the Third Party Vendor based upon the VAR’s acts or omissions and including indemnity of the Third Party Vendor for any infringement claims arising from the combination by the VAR and/or Customers of Third Party Vendor’s intellectual property with the VAR or any third party’s intellectual property. The VAR agrees to provide each Customer with terms of use and gain their acceptance. You covenant, represent and warrant that you will present all Terms of Use or Service to each of your Customers and obtain their enforceable agreement to the Terms of Use or Service before permitting them to access or use the Products. You covenant, represent and warrant that no subscription for the Products shall be activated for or used by your Customers before the Customer agrees to the Terms of Use or Service. You will track and record acceptance by your Customers of the Terms of Use or Service and will provide such information to the Company upon request. The Company may modify these terms and conditions at any time. 1. PRODUCTS 2. THIRD PARTY VENDOR

  • No Relationships with Customers and Suppliers No relationship, direct or indirect, exists between or among the Company on the one hand, and the directors, officers, 5% or greater stockholders, customers or suppliers of the Company or any of the Company’s affiliates on the other hand, which is required to be described in the Disclosure Package and the Prospectus or a document incorporated by reference therein and which is not so described.

  • Agreements with Third Parties Each member of the VL Group is in compliance in all material respects with each and every one of its obligations under agreements with third parties to which it is a party or by which it is bound, the breach of which could be expected to result in a Material Adverse Change.

  • Agreements with Subcontractors Business Associate shall enter into a Business Associate Agreement with any Subcontractor to whom it provides PHI received from Covered Entity or created or received by Business Associate on behalf of Covered Entity in which the Subcontractor agrees to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such PHI. Business Associate must enter into this Business Associate Agreement before any use by or disclosure of PHI to such agent. The written agreement must identify Covered Entity as a direct and intended third party beneficiary with the right to enforce any breach of the agreement concerning the use or disclosure of PHI. Business Associate shall provide a copy of the Business Associate Agreement it enters into with a subcontractor to Covered Entity upon request. Business associate may not make any disclosure of PHI to any Subcontractor without prior written consent of Covered Entity.

  • Agreements With Insiders 11 2.26.1 Lock-Up Agreements....................................................................11 2.26.2 Right of First Refusal and Rule 144 Sales.............................................11 2.27 Subsidiaries...................................................................................11 2.28 Unaudited Financials...........................................................................12

  • Contact with Customers and Suppliers Until the Closing Date, the Buyer shall not, and shall cause its Affiliates and direct its other Representatives not to, contact or communicate with the employees, customers, suppliers, distributors or licensors of the Acquired Entities, or any other Persons having a business relationship with the Acquired Entities, concerning the transactions contemplated hereby or any of the foregoing relationships without the prior written consent of the Seller.

  • Agreements with Other Service Providers Each Fund hereby appoints FSSC as the Fund’s agent to enter into agreements with financial intermediaries that are not registered as broker/dealers under the 1934 Act (each an “Unregistered Intermediary”) to provide Services to their customers that are Shareholders of the Fund. Each Fund agrees to pay Service Fees at an annual rate as set forth in Schedule 1 to this Agreement of up to 0.25% of the average net assets held in Fund accounts for which an Unregistered Intermediary has agreed to provide Services. Any such accounts shall not be treated as FSSC Accounts for purposes of this Agreement.

  • Banking Services and Swap Agreements Each Lender or Affiliate thereof providing Banking Services for, or having Swap Agreements with, any Loan Party or any Subsidiary or Affiliate of a Loan Party shall deliver to the Administrative Agent, promptly after entering into such Banking Services or Swap Agreements, written notice setting forth the aggregate amount of all Banking Services Obligations and Swap Agreement Obligations of such Loan Party or Subsidiary or Affiliate thereof to such Lender or Affiliate (whether matured or unmatured, absolute or contingent). In furtherance of that requirement, each such Lender or Affiliate thereof shall furnish the Administrative Agent, from time to time after a significant change therein or upon a request therefor, a summary of the amounts due or to become due in respect of such Banking Services Obligations and Swap Agreement Obligations. The most recent information provided to the Administrative Agent shall be used in determining which tier of the waterfall, contained in Section 2.18(b), such Banking Services Obligations and/or Swap Agreement Obligations will be placed.

  • Agreements with Foreign Banking Institutions Each agreement with a foreign banking institution shall provide that: (a) the assets of each Portfolio will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the foreign banking institution or its creditors or agent, except a claim of payment for their safe custody or administration; (b) beneficial ownership for the assets of each Portfolio will be freely transferable without the payment of money or value other than for custody or administration; (c) adequate records will be maintained identifying the assets as belonging to each applicable Portfolio; (d) officers of or auditors employed by, or other representatives of the Custodian, including to the extent permitted under applicable law the independent public accountants for the Fund, will be given access to the books and records of the foreign banking institution relating to its actions under its agreement with the Custodian; and (e) assets of the Portfolios held by the foreign sub-custodian will be subject only to the instructions of the Custodian or its agents.

  • RELATIONSHIPS WITH RELATED PERSONS Neither Seller, Acquired Company or any Related Person of each Seller or of either Acquired Company has, or since the first day of the next to last completed fiscal year of any Acquired Company has had, any interest in any property (whether real, personal, or mixed and whether tangible or intangible), used in or pertaining to any Acquired Company’s business. Neither Seller, Acquired Company or any Related Person of each Seller or of any Acquired Company is, or since the first day of the next to last completed fiscal year of any Acquired Company has owned (of record or as a beneficial owner) an equity interest or any other financial or profit interest in, a Person that has (i) had business dealings or a material financial interest in any transaction with any Acquired Company other than business dealings or transactions conducted in the Ordinary Course of Business with any Acquired Company at substantially prevailing market prices and on substantially prevailing market terms, or (ii) engaged in competition with any Acquired Company with respect to any line of the products or services of any Acquired Company (a “Competing Business”) in any market presently served by any Acquired Company except for less than one percent of the outstanding capital stock of any Competing Business that is publicly traded on any recognized exchange or in the over-the-counter market. Neither Seller or any Related Person of each Seller or of any Acquired Company is a party to any Contract with, or has any claim or right against, any Acquired Company.

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