Buyer’s Financial Condition; Insecurity Sample Clauses

Buyer’s Financial Condition; Insecurity. If in Seller’s reasonable judgment, Xxxxx’s financial condition or any other circumstance causes Seller to be insecure with respect to Buyer’s performance of any obligation under this Agreement, Seller may accelerate and demand immediate payment of any amounts owed Seller, suspend performance, cancel an order, or require cash payment or satisfactory security before shipment.
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Buyer’s Financial Condition; Insecurity. If, in Seller’s sole discretion, Buyer’s financial condition or any other circumstance causes Seller to be insecure with respect to Buyer’s performance of any obligation under this Agreement, Seller may accelerate and demand immediate payment of any amounts owed Seller, cancel this Agreement and suspend performance.
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Buyer’s Financial Condition; Insecurity. If, in Seller’s sole judgment, Buyer’s financial condition or any other circumstance causes Seller to be insecure with respect to Buyer’s performance of any obligation, Seller may accelerate and demand immediate payment of any amounts owed Seller, suspend performance, require advance payment and/or cancel any outstanding orders. Pricing Validity: Unless otherwise noted, all prices are subject to change without notice. Quoting Terms: Prices are quoted standard delivery area or Seller’s dock. Quotation is based on today's rates and is subject to change based on manufacturer announcements of increase. Prices are based on award of entire quote. A partial order or quantity change may affect pricing. "Direct" is subject to full trucks/full cartons and delivered direct from the manufacturer. YOU MUST REFERENCE A DI QUOTE NUMBER TO RECEIVE QUOTED PRICING. Special shipping, labeling, and packing requirements must be requested at the time of quote. Taxes: Seller’s prices do not include sales, use, excise or similar taxes. All taxes and excises of any nature levied by governmental authority, whether federal, state, local, or VAT upon the sale, use and or transportation of any goods covered hereby, shall be paid by Buyer. Tax exempt purchases must be accompanied by a valid exemption certificate(s) at the time of order. Delivery: Availability is to be determined at acceptance of order. Delivery is subject to change based on order size and availability. DI does not guarantee delivery time. Freight Terms: Ex-Works or FOB DI warehouse. Delivery to the initial carrier in all cases, unless otherwise stated, shall constitute delivery to Buyer. Buyer is responsible for all demurrage and/or other related charges Shipping and Handling: DI shall have no responsibility to obtain or maintain insurance with respect to product sold to Buyer. Risk of loss and all responsibility of DI with respect to product shall cease when it has been delivered to the appropriate carrier for shipment to Buyer, properly addressed or with the proper bills of lading attached, whether or not freight is prepaid. Unless specific shipping instructions are received from Buyer substantially before the shipment date, DI reserves the right to use its judgment in selecting the means of shipment. Additional shipping, handling, and packaging costs incurred at the request of Buyer will be charged to Buyer. Shipping dates given by DI in advance of actual shipment are estimates only. Quantities are subject to full c...
Sample 1
Buyer’s Financial Condition; Insecurity. Buyer will furnish acceptable credit standing information and references within thirty (30) days of Nortech Systems’ request. If, in Nortech Systems' sole judgment, Buyer's financial condition or any other circumstance causes Nortech Systems to be insecure with respect to Buyer's performance of any obligation under this Agreement, Nortech Systems may accelerate and demand immediate payment of any amounts owed Nortech Systems, cancel this Agreement or suspend performance. UCC paper work and filings are required in the cases where credit verification cannot be verified.
Sample 1
Buyer’s Financial Condition; Insecurity. If, in SurModics’ sole judgment, Xxxxx’s financial condition or any other circumstance causes SurModics to be insecure with respect to Buyer’s performance of any obligation under this Agreement, SurModics may accelerate and demand immediate payment of any amounts owed SurModics, cancel this Agreement, or suspend performance.
Sample 1

Related to Buyer’s Financial Condition; Insecurity

  • Financial Conditions Section 4.01. (a) The Recipient shall maintain a financial management system, including records and accounts, and prepare financial statements in a format acceptable to the Bank, adequate to reflect the operations, resources and expenditures related to the Project.

  • Financial Condition There shall have been no material adverse change, as determined by Bank, in the financial condition or business of Borrower, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower.

  • – OTHER SPECIAL CONDITIONS The following additional special conditions apply to this agreement:

  • ADDITIONAL SPECIAL CONTRACT CONDITIONS A. Special Contract Conditions revisions: the corresponding subsections of the Special Contract Conditions referenced below are replaced in their entirety with the following:

  • SPECIAL CONDITIONS A submitted appeal must;

  • Environmental Conditions A Phase I environmental site assessment (or update of a previous Phase I and or Phase II environmental site assessment) and, with respect to certain Mortgage Loans, a Phase II environmental site assessment (collectively, an “ESA”) meeting ASTM requirements conducted by a reputable environmental consultant in connection with such Mortgage Loan within 12 months prior to its origination date (or an update of a previous ESA was prepared), and such ESA (i) did not identify the existence of Recognized Environmental Conditions (as such term is defined in ASTM E1527-05 or its successor, hereinafter “Environmental Condition”) at the related Mortgaged Property or the need for further investigation, or (ii) if the existence of an Environmental Condition or need for further investigation was indicated in any such ESA, then at least one of the following statements is true: (A) an amount reasonably estimated by a reputable environmental consultant to be sufficient to cover the estimated cost to cure any material noncompliance with applicable Environmental Laws or the Environmental Condition has been escrowed by the related Mortgagor and is held or controlled by the related lender; (B) if the only Environmental Condition relates to the presence of asbestos-containing materials, radon in indoor air, lead based paint or lead in drinking water, the only recommended action in the ESA is the institution of such a plan, an operations or maintenance plan has been required to be instituted by the related Mortgagor that can reasonably be expected to mitigate the identified risk; (C) the Environmental Condition identified in the related environmental report was remediated, abated or contained in all material respects prior to the date hereof, and, if and as appropriate, a no further action, completion or closure letter or its equivalent, was obtained from the applicable governmental regulatory authority (or the Environmental Condition affecting the related Mortgaged Property was otherwise listed by such governmental authority as “closed” or a reputable environmental consultant has concluded that no further action or investigation is required); (D) an environmental policy or a lender’s pollution legal liability insurance policy that covers liability for the Environmental Condition was obtained from an insurer rated no less than “A-” (or the equivalent) by Xxxxx’x, S&P and/or Fitch; (E) a party not related to the Mortgagor was identified as the responsible party for the Environmental Condition and such responsible party has financial resources reasonably estimated to be adequate to address the situation; or (F) a party related to the Mortgagor having financial resources reasonably estimated to be adequate to address the situation is required to take action. To Seller’s knowledge, except as set forth in the ESA, there is no Environmental Condition at the related Mortgaged Property.

  • Acknowledgement of Existing Physical Conditions In undertaking the work under this Contract, the Contractor acknowledges that he has visited the premises and has taken into consideration all open and apparent conditions that might affect his work. No claim based on lack of knowledge of existing conditions shall be allowed unless the existing physical conditions cannot be discovered by a reasonably observant person. Any claims relating to conditions that are materially different from the Contract Documents that were not open and apparent may be adjusted as provided in this Part.

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