CANCELLATION OR POSTPONEMENT OF ORDERS Sample Clauses

CANCELLATION OR POSTPONEMENT OF ORDERS. It shall be at our discretion as to whether we accept cancellation and/or postponement of any orders placed. We shall only agree to cancellation or postponement if we are reimbursed for all costs that have been, or will be incurred, and for the loss of profit involved. Cancella- tion or postponement of orders shall never be accepted if it would threaten the economic survival of the com- pany, or if it would lead to lay-offs.
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CANCELLATION OR POSTPONEMENT OF ORDERS. NETGEAR may cancel or reduce the quantity of any order without liability 60 days or more in advance of the ship date specified in NETGEAR's order. NETGEAR may cancel, or reduce the quantity of any order from 30 to 59 days in advance of the ship date specified in NETGEAR' order by paying Supplier a cancellation charge equal to the out-of-pocket cost incurred by Supplier for work in process, not including raw components usable in other applications, not to exceed the unit price. NETGEAR may postpone the delivery of any portion of an order for up to a total of 90 days without any liability by delivering written notice to Supplier 30 days or more in advance of the ship date specified in NETGEAR' order.
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CANCELLATION OR POSTPONEMENT OF ORDERS. Bay Networks may cancel or reduce the quantity of any order without liability on or before 30 days in advance of the ship date specified in Bay Networks' order without cancellation charge. Bay Networks may postpone the delivery of any portion of an order one time for up to 180 days without any liability by delivering written notice to First Virtual on or before 30 days in advance of the ship date specified in Bay Networks' order." [*] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.
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CANCELLATION OR POSTPONEMENT OF ORDERS. Sumitomo may cancel or reduce the quantity of any order without liability on or before ten (10) days in advance of the agreed upon delivery date without cancellation charge (except for transportation cancellation charges incurred by Daleco for such order). Sumitomo may postpone the delivery of any portion of an order one time for up to ninety (90) days without any liability by delivering written notice to Daleco on or before ten (10) days in advance of the agreed upon ship date. Any Product shipped to Sumitomo or Sumitomo's customer shall be property of Sumitomo and/or the customer with title having passed at the delivery point.
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CANCELLATION OR POSTPONEMENT OF ORDERS. VTEL may cancel or reduce the quantity of any order without liability on or before sixty (60) days in advance of the ship date specified in VTEL's order without cancellation charge. VTEL may cancel or reduce the quantity of any order on or before [ * ] days in advance of the ship date specified in VTEL's order by paying First Virtual a cancellation charge equal to [ * ] of the purchase price of that portion of the order which is canceled. VTEL may postpone the delivery of any portion of an order one time for up to one hundred eighty (180) days without any liability by delivering written notice to First Virtual on or before thirty (30) days in advance of the ship date specified in VTEL's order.
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CANCELLATION OR POSTPONEMENT OF ORDERS. NETGEAR may cancel or reduce the quantity of any order without liability 60 days or more in advance of the ship date specified in NETGEAR's order. NETGEAR may cancel, or reduce the quantity of any order from 30 to 59 days in advance of the ship date specified in NETGEAR's order by paying Supplier a cancellation charge equal to 5% of the purchase price of the Products canceled or deferred. Unless otherwise agreed to between the parties, NETGEAR may not cancel any order within 30 days of the Scheduled Ship Date. The foregoing notwithstanding, NETGEAR may postpone the delivery of any portion of an order for up to a total of 90 days without any liability by delivering written notice to Supplier 30 days or more in advance of the Scheduled Shipping Date in NETGEAR's order. An order which has been previously postponed in accordance with this provision may not be postponed again and is not cancellable.
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CANCELLATION OR POSTPONEMENT OF ORDERS. Customer has the right at any -------------------------------------- time before affected Products or Licensed Materials have already been shipped or relevant Services have already been performed to cancel or postpone any Order, in whole or in part, upon advance written notice to Seller. (a) For those Products and Licensed Materials not shipped and considered stock items: (i) if such cancellation or postponement is made at least thirty (30) days' prior to the scheduled shipment date for the subject Products and Licensed Material, Customer will not owe any cancellation or postponement charge in connection with such cancellation; and (ii) if Customer cancels an Order or portion thereof less than thirty (30) days prior to the scheduled shipment of Products and Licensed Materials to be delivered thereunder, Customer agrees to pay to Seller a cancellation charge equal to *** ******* ***** of the Invoice Prices of such Products and Licensed Materials. (b) For those Products and Licensed Materials not shipped and considered customized or non-stock items, Customer agrees to pay Seller the amount of Seller's reasonably incurred out of pocket expenses. (c) For a cancellation or postponement of Services, if such cancellation or postponement is made at least fifteen (15) days prior to the scheduled performance date for the subject Services to be included in such Order (or portion thereof) Customer will not owe any cancellation or postponement charge in connection with such Order (or portion thereof). If Customer cancels an Order or portion thereof less than fifteen (15) days prior to the scheduled performance date for Services to be performed thereunder, Customer shall pay Seller a cancellation charge equal to Seller's reasonably incurred out of pocket expenses. For Services in process, Customer agrees to pay a cancellation fee equal to the price of all Services rendered to date and not paid for, plus Seller's reasonably incurred out of pocket expenses for those Services ordered by Customer and subsequently canceled. Notwithstanding the above, the termination provisions related to maintenance and Extended Warranty type Services are as follows: prior to commencement of maintenance service, Customer may cancel coverage at no charge and receive a refund for any prepaid amount. After commencement of maintenance service, Customer may terminate coverage upon 30 days written notice and upon such termination shall pay a termination charge equal to ***** of the monthly charges...
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Related to CANCELLATION OR POSTPONEMENT OF ORDERS

  • Cancellation of Orders If payment for shares purchased is not received within the time customary or the time required by law for such payment, the sale may be canceled without notice or demand, and neither FTDI nor the Fund(s) shall have any responsibility or liability for such a cancellation; alternatively, at FTDI's option, the unpaid shares may be sold back to the Fund, and Bank shall be liable for any resulting loss to FTDI or to the Fund(s). FTDI shall have no liability for any check or other item returned unpaid to Bank after Bank has paid FTDI on behalf of a purchaser. FTDI may refuse to liquidate the investment unless FTDI receives the purchaser's signed authorization for the liquidation.

  • TERMINATION OF ORDERS Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

  • Notice of variation of order of application The Agent may give notices under Clause 17.2 from time to time; and such a notice may be stated to apply not only to sums which may be received or recovered in the future, but also to any sum which has been received or recovered on or after the third Business Day before the date on which the notice is served.

  • Submission of Orders Those persons who purchase Shares shall make their checks payable to “Xxxx Credit Property Trust V, Inc.” or, alternatively, “CCPT V” or, in the event that the purchase is made using a Joint Subscription Agreement, “Xxxx REIT.” Checks received by the Dealer that conform to the foregoing instructions shall be transmitted for deposit as set forth below. The Dealer Manager may authorize the Dealer, if the Dealer is a “$250,000 broker-dealer”, to instruct its customers to make its checks for Shares subscribed for payable directly to the Dealer, in which case the Dealer will collect the proceeds of the subscriber’s checks and issue a check made payable in the manner described above for the aggregate amount of the subscription proceeds. Transmittal of received investor funds will be made in accordance with the following procedures: (a) If the Dealer conducts its internal supervisory procedures at the location where subscription documents and checks are initially received, the Dealer shall conduct its suitability review of the transaction and if the transaction is suitable and the paperwork is in good order forward the subscription documents and the checks to the Company by the end of the next business day following receipt of the subscription documents and the checks. (b) If the internal supervisory procedures are to be performed at a different location (the “Final Review Office”), the subscription documents and checks must be transmitted to the Final Review Office by the end of the next business day following receipt by the Dealer of the subscription documents and checks. The Final Review Office will, by the end of the next business day following receipt by the Final Review Office of the subscription documents and checks, conduct its suitability review of the transaction and if the transaction is suitable and the paperwork is in good order forward the subscription documents and the checks to the Company.

  • Variation of order of application The Agent may, with the authorisation of the Majority Lenders and the Swap Bank, by notice to the Borrowers, the Security Parties and the other Creditor Parties provide for a different manner of application from that set out in Clause 17.1 either as regards a specified sum or sums or as regards sums in a specified category or categories.

  • Execution of Orders All orders for the creation or redemption of Creation Units shall be handled in accordance with the terms of the Prospectus, and the procedures described in Attachments A and A-1 to this Agreement. In the event the procedures include the use of recorded telephone lines, the Participant hereby consents to such use. The Trust reserves the right to issue additional or other procedures relating to the manner of creating or redeeming Creation Units, and the Participant, and the Distributor agree to comply with such procedures as may be issued from time to time, upon reasonable notice thereof. The Participant understands and acknowledges that the Transfer Agent will not effect a creation or redemption until it has received confirmation of receipt of the Participant’s incoming security transfer and/or cash through the Trust’s Clearing Process, Fed Book-Entry System, Euroclear and/or DTC in the case of a creation, and through the Trust’s Clearing Process, Euroclear and/or DTC in the case of a redemption. With respect to any order for the creation or redemption of Creation Units, the Participant acknowledges and agrees on behalf of itself and any party for which it is acting (regardless of its capacity) to return to the Trust any dividend, distribution or other corporate action paid to it or to the party for which it is acting in respect of any Deposit Security that is transferred to the Participant or any party for which it is acting that, based on the valuation of such Deposit Security at the time of transfer should have been paid to the Trust. With respect to any orders for the creation or redemption of Creation Units, the Participant also acknowledges and agrees on behalf of itself and any party for which it is acting (regardless of its capacity) that the Transfer Agent is entitled to reduce the amount of money or other proceeds due to the Participant or any party for which it is acting that, based on the valuation of such Deposit Security at the time of transfer, should be paid to the Fund. With respect to any order for the creation or redemption of Creation Units, the Trust acknowledges and agrees to return to the Participant or any party for which it is acting any dividend, distribution or other corporate action paid to the Trust in respect of any Deposit Security that is transferred to the Trust that, based on the valuation of such Deposit Security at the time of transfer, should have been paid to the Participant or any party for which it is acting.

  • Duration of Order You may make an oral stop payment order which will lapse within fourteen (14) calendar days unless confirmed in writing within that time. A written stop payment order is effective for six (6) months and may be renewed in writing from time to time. We do not have to notify you when a stop payment order expires.

  • AGGREGATION OF ORDERS On occasions when the Adviser deems the purchase or sale of a security to be in the best interest of the Allocated Assets as well as other clients of the Adviser, the Adviser may to the extent permitted by applicable laws and regulations, but shall be under no obligation to, aggregate the orders for securities to be purchased or sold. In such event, allocation of the securities so purchased or sold, as well as the expenses incurred in the transaction, will be made by the Adviser in the manner the Adviser considers to be the most equitable and consistent with its fiduciary obligations to the Portfolio and to its other clients. The Manager recognizes that, in some cases, the Adviser’s allocation procedure may limit the size of the position that may be acquired or sold for the Allocated Assets.

  • Placement of Orders The Adviser shall arrange for the placing of all orders for the purchase and sale of securities for a Fund’s account with brokers or dealers selected by the Adviser. In the selection of such brokers or dealers and the placing of such orders, the Adviser is directed at all times to seek for each Fund the most favorable execution and net price available under the circumstances. It is also understood that it is desirable for the Funds that the Adviser have access to brokerage and research services provided by brokers who may execute brokerage transactions at a higher cost to the Funds than may result when allocating brokerage to other brokers, consistent with section 28(e) of the 1934 Act and any Commission staff interpretations thereof. Therefore, the Adviser is authorized to place orders for the purchase and sale of securities for a Fund with such brokers, subject to review by the Board from time to time with respect to the extent and continuation of this practice. It is understood that the services provided by such brokers may be useful to the Adviser in connection with its or its affiliates’ services to other clients.

  • Normal order of application Except as any Finance Document may otherwise provide, any sums which are received or recovered by any Creditor Party under or by virtue of any Finance Document shall be applied: (a) FIRST: in or towards satisfaction of any amounts then due and payable under the Finance Documents and the Master Agreement in the following order and proportions: (i) first, in or towards satisfaction pro rata of all amounts then due and payable to the Creditor Parties under the Finance Documents other than those amounts referred to at paragraphs (ii) and (iii) (including, but without limitation, all amounts payable by the Borrower under Clauses 20, 21 and 22 of this Agreement or by the Borrower or any Security Party under any corresponding or similar provision in any other Finance Document or in the Master Agreement); (ii) secondly, in or towards satisfaction pro rata of any and all amounts of interest or default interest payable to the Creditor Parties under the Finance Documents and the Master Agreement (and, for this purpose, the expression “interest” shall include any net amount which the Borrower shall have become liable to pay or deliver under section 2(e) (Obligations) of the Master Agreement but shall have failed to pay or deliver to the relevant Swap Bank at the time of application or distribution under this Clause 17); and (iii) thirdly, in or towards satisfaction pro rata of the Loan and the Swap Exposure of the Swap Bank (in the case of the latter, calculated as at the actual Early Termination Date applying to each particular Designated Transaction, or if no such Early Termination Date shall have occurred, calculated as if an Early Termination Date occurred on the date of application or distribution hereunder); (b) SECONDLY: in retention of an amount equal to any amount not then due and payable under any Finance Document or the Master Agreement but which the Agent, by notice to the Borrower, the Security Parties and the other Creditor Parties, states in its opinion will or may become due and payable in the future and, upon those amounts becoming due and payable, in or towards satisfaction of them in accordance with the provisions of Clause 17.1(a); and

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