BUYER’S REQUIREMENTS. Siemens’ performance is contingent upon Buyer timely fulfilling all of its obligations under this Agreement. These obligations include the Buyer supplying all documents and approvals needed for Siemens to perform, including but not limited to technical information and data, drawing and document approvals, and necessary commercial documentation. Siemens may request a change order for an equitable adjustment in prices and times for performance, as well as for any additional costs or any delay resulting from the failure of Buyer or Xxxxx’s contractors, successors or assigns to meet these obligations.
BUYER’S REQUIREMENTS. Siemens’ performance is contingent upon Buyer timely complying with and fulfilling all of its obligations under this Agreement. These obligations include the Buyer supplying all necessary access to Equipment, where applicable, and all required “Third Party Parts” (parts, components, equipment or materials provided by Buyer or that exist in the Equipment which were not manufactured or supplied by Siemens or which were originally supplied by Siemens and subsequently repaired, serviced or otherwise altered by any party not affiliated with Siemens), documents, permits and approvals needed for Siemens to perform including, but not limited to, accurate technical information and data, drawing and document approvals, and all necessary commercial documentation. Buyer shall provide access to the Site as reasonably required by Siemens for the performance of the Services. Siemens may request a change order for an equitable adjustment in prices and times for performance, as well as to adjust for any additional costs or any delay resulting from the failure of Buyer, Buyer’s contractors, successors or assigns to meet these obligations or any other obligations in this Agreement.
BUYER’S REQUIREMENTS. Yunex LLC' performance is contingent upon Buyer timely fulfilling all of its obligations under this Agreement. These obligations include the Buyer supplying all documents and approvals needed for Yunex LLC to perform, including but not limited to technical information and data, drawing and document approvals, and necessary commercial documentation. Yunex LLC may request a change order for an equitable adjustment in prices and times for performance, as well as for any additional costs or any delay resulting from the failure of Buyer or Xxxxx's contractors, successors or assigns to meet these obligations.
BUYER’S REQUIREMENTS. 6.1 Buyer, without cost to Siemens, shall, at its sole expense:
(a) Furnish Siemens with a written list of names, titles, and contact phone numbers of all persons authorized to enter the Monitored Site after business hours and provide Siemens with written updates of any change prior to close of business at the Monitored Site on the day of such change;
(b) Furnish Siemens with a written list of names, titles, and contact phone numbers of persons to be notified in the event a System signal is received and provide Siemens with written updates of any change prior to close of business at the Monitored Site on the day of such change;
(c) Furnish Siemens written notice of any changes in the System or any applicable bureau or authority having jurisdiction for same;
(d) Notify Siemens of any alterations, remodeling, or any stock, fixture or structural changes, and to perform and bear the cost of changes in the System required as a result of such changes;
(e) Operate, maintain, repair, service, and/or assure the proper operation of the System and any other property (including but not limited to any refinishing arising from same), equipment, system or device to which the System may be attached or connected in accordance with all manufacturers’ and installers’ recommendations;
(f) Protect the System from tampering, vandalism, disturbance, damage, misuse, abuse, removal or other actions which may interfere with the proper operation of the System;
(g) Carefully and properly test and set the System immediately prior to closing the Monitored Site, understanding particularly that the sensitivity and area of coverage of space protection devices may change, that Siemens is unable to detect such changes, and that “walk tests” in the area of such coverage are necessary to assure that adequate sensitivity is maintained;
(h) Turn off or remove from the Monitored Site anything which does or may interfere with the effectiveness of the System; and,
(i) Furnish telephone or network service connecting the Monitored Site to Siemens monitoring facilities.
6.2 Buyer understands that calls made to Siemens in connection with signals or access to the Monitored Site may be recorded by Siemens. Buyer, for itself, its agents, and employees consents to such recording.
6.3 Buyer shall use reasonable efforts to prevent false alarms. In the event of any false alarm (not caused by the negligence or willful misconduct of Siemens), taxes, fees or other charges of any police or fire department, or an...
BUYER’S REQUIREMENTS. (a) Subject to the terms and conditions set forth in this Agreement, from and after the date of Buyer's acceptance of the first shipment of the Products in commercial quantities (which, for purposes of this Agreement, shall mean quantities that in the aggregate equal or exceed 5,000 units of the Products) and until the termination of this Agreement (the "Exclusive Period"), Buyer shall purchase from Seller all of Buyer's requirements for Products offered for sale in the United States with Buyer's analog and digital set top terminals. Notwithstanding the foregoing, Buyer shall have the right to purchase Products from other suppliers under the following circumstances: (i) Until such time as Seller can provide Buyer with such Products in commercial quantities, Buyer shall be entitled to purchase from other suppliers Products necessary for the replacement of Products sold by Buyer prior to the commencement of the Exclusive Period and to fulfill Buyer's other customary product support obligations with respect to such Products sold prior to the commencement of the Exclusive Period; provided, however, that Buyer shall be entitled to continue purchasing Products from such other suppliers regardless of whether Seller is able to provide such Products, if Buyer's customer specifically requests such other Products;
(ii) Buyer shall be entitled to purchase from other suppliers Products offered for sale by Buyer outside of the United States; except that in the event Buyer is selling or will sell Products outside of the United States, Buyer shall first give Seller an opportunity to demonstrate to Buyer's reasonable satisfaction that Seller has an appropriate database library for
(iii) Buyer may purchase Products from other suppliers under the circumstances set forth in Sections 3 and 6(a);
(iv) Buyer may purchase Products from other suppliers to satisfy a request made by a customer for a Product manufactured by such other suppliers, so long as Buyer does not promote, directly or indirectly, such other suppliers' Products; and
(v) In the event that a Product is offered by another supplier to Buyer with new technology which Seller is not willing to manufacture and sell to Buyer on terms (including, without limitation, dates of availability and price) no less favorable to Buyer than those offered by such other supplier, Buyer shall have the right to purchase such Product from such supplier on the offered terms; provided however, that Buyer shall provide Seller, to the exten...
BUYER’S REQUIREMENTS. Subject to Section 11, Seller will supply and Buyer will purchase one hundred percent (100%) of its Electric Power Division's requirements for each Product. Seller will provide Buyer an approved PPAP (Production Part Approval Process) for every Product and every change to Product prior to shipment of Product. Seller understands that Buyer makes no guarantee as to the quantity of Product it will require,
BUYER’S REQUIREMENTS. Russelectric’s performance is contingent upon Buyer timely complying with and fulfilling all of its obligations under this Agreement. These obligations include the Buyer supplying all necessary access to
BUYER’S REQUIREMENTS. Flender’ performance is contingent upon Buyer timely complying with and fulfilling all of its obligations under this Agreement. These obligations include the Buyer supplying all necessary access to Equipment, where applicable, and all required “Third Party Parts” (parts, components, equipment or materials provided by Buyer or that exist in the Equipment which were not manufactured or supplied by Flender or which were originally supplied by Flender and subsequently repaired, serviced or otherwise altered by any party not affiliated with Flender), documents, permits and approvals needed for Flender to perform including, but not limited to, accurate technical information and data, drawing and document approvals, and all necessary commercial documentation. Buyer shall provide access to the Site as reasonably required by Flender for the performance of the Services. Flender may request a change order for an equitable adjustment in prices and times for performance, as well as to adjust for any additional costs or any delay resulting from the failure of Buyer, Buyer’s contractors, successors or assigns to meet these obligations or any other obligations in this Agreement.
BUYER’S REQUIREMENTS. Buyer shall be under no obligation to purchase the Premises or otherwise perform under this Agreement unless Buyer determines the Premises to be suitable for its intended purposes and until each of the following requirements of Buyer is satisfied. The decision as to whether the Premises are suitable for its intended purposes and the requirements have been fulfilled shall be the sole decision of Buyer, determined in the absolute discretion of Buyer, with Buyer's decision being final and binding upon both parties. Buyer shall have one hundred twenty (120) days (or two hundred forty (240) days, if extended under the provisions of Paragraph 3 above) from the last execution of this Agreement to notify Seller of its cancellation of this Agreement due to Buyer's determination that the Premises are unsuitable or to a failure of fulfillment of any one of the requirements. If Buyer so elects to terminate and is not in material default hereunder, the Title Company shall be obligated to return the Deposit, together with all interest earned thereon, to Buyer with neither party thereafter having any other rights or obligations under this Agreement.
BUYER’S REQUIREMENTS. At the Closing, Buyer shall deliver Clear funds in an amount sufficient to satisfy Buyer's Closing obligations under this Agreement.
