Confirmed Orders Sample Clauses

Confirmed Orders. Each purchase and sale of Product hereunder shall be consummated by conversational approval via phone, email or instant message acknowledged by Gavilon and Producer (each, a “Confirmed Order”) and shall be evidenced by a separate sales contract, sent by Gavilon to Producer, substantially in the form of Exhibit “C” attached hereto. Each Confirmed Order shall specify the quantity, Delivery date(s), the Price, or Price referenced to a Market Value, and any such other information as the Parties may agree to include. Producer shall execute the applicable Confirmed Order and email the executed document to Gavilon. Confirmed Orders may be executed in counterpart and signatures exchanged by email shall be binding to the same extent as the original, with the executing Party waiving any requirement that the receiving Party produce or otherwise evidence the existence or delivery of the original. To the extent that any terms of any Confirmed Order conflict with the terms of this Agreement, the terms of this Agreement shall govern, unless, both Parties have specifically expressed their intent in writing to supersede the terms of this Agreement.
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Confirmed Orders. It is understood that, in all events, pricing of Biodiesel shall be bid by CTG and either accepted or rejected by Seller. Price bids for Biodiesel shipments shall be submitted to Seller by CTG on all Biodiesel to be produced at the Plant pursuant to the Delivery Schedule, and Seller shall reject or accept the price bid by the close of that same business day or earlier if notified by CTG of price changes due to specific market conditions. Price bids that are not expressly rejected by Seller at least fifteen (15) days prior to the first day of the month in which the applicable Biodiesel shipment is to be made shall be deemed accepted by Buyer. Such acceptances shall constitute “Confirmed Orders” and the price in $/gallon thereunder shall be the Price for the applicable Biodiesel. The monthly schedules of the Delivery Schedule shall reflect and be further governed by such Confirmed Orders of Biodiesel. The Parties understand and agree that telephone conversations are recorded by CTG and may be recorded by Seller in the ordinary course of their respective businesses for purposes of, among other things, further documenting the quotation and acceptance of Biodiesel prices in order to establish and verify Confirmed Orders. CTG shall be responsible for marketing, selling, and shipment for each gallon of Biodiesel per the Confirmed Orders.
Sample 1
Confirmed Orders. It is understood that, in all events, pricing of Feedstock shall be quoted by CTG and either accepted or rejected by Buyer. Price quotations for Feedstock deliveries shall be submitted to Buyer by CTG prior to purchases. Buyer shall notify CTG of any rejection or acceptance of the price quotation by the close of that same business day (i.e., 5pm CST). Final price to be further determined by actual movement in futures prices which will be a moving target amongst most price quotes, until order is confirmed. Price quotations that are not expressly rejected by Buyer at least fifteen (15) days prior to the first day of the month in which the applicable Feedstock delivery is to be made shall be deemed accepted by Buyer. Such acceptances shall constitute “Confirmed Orders” and the price in $/LB thereunder shall be the Delivered Feedstock Price for the applicable Feedstock. The monthly schedules of the Delivery Schedule shall reflect and be further governed by such Confirmed Orders of Feedstock. The Parties understand and agree that telephone conversations are recorded by CTG and may be recorded by Buyer in the ordinary course of their respective businesses for purposes of, among other things, further documenting the quotation and acceptance of Feedstock prices in order to establish and verify Confirmed Orders. CTG shall be responsible for ordering, purchasing, and delivery for each Feedstock purchase per the Confirmed Orders.
Sample 1
Confirmed Orders. In the event that Buyer desires to have Gavilon assist in originating or supplying Corn for the Plant, it is understood that, in all events, pricing of Corn shall be quoted by Gavilon and either accepted or rejected by Buyer. Price quotations for Corn deliveries shall be submitted to Buyer by Gavilon prior to purchases, substantially in the form of Exhibit “A-1” attached hereto. It is understood that such quotations shall correlate to the forward-delivered price of the corn as established by [ * * * ], adjusted to reflect deviations from then-current market conditions (either at a premium or discount), as well as [ * * * ]. Buyer shall reject or accept Gavilon’s price quotation within the time period set forth on any written quotations or immediately with respect to any quotations offered via telephone. Such acceptances shall constitute “Confirmed Orders” and the price in $/bushel thereunder shall be the Delivered Corn Price for the applicable Corn. The Delivery Schedule shall reflect and be further governed by such Confirmed Orders of Corn. The Parties understand and agree that either party may record telephone conversations in the ordinary course of their respective businesses for purposes of, among other things, further documenting the quotation and acceptance of Corn prices in order to establish and verify Confirmed Orders. Gavilon shall be responsible for the sourcing and delivery of each Corn purchase per the Confirmed Orders.
Sample 1
Confirmed Orders. The price of the Products on all confirmed orders not Delivered as of the effective date of this Agreement shall be increased twenty percent (20%).
Sample 1
Confirmed Orders. It is understood that, in all events, pricing of Biodiesel shall be bid by Purchaser and either accepted or rejected by Seller. Price bids for Biodiesel shipments shall be submitted to Seller by Purchaser, and Seller shall reject or accept the price bid by the close of that same business day or earlier if notified by Purchaser of price changes due to specific market conditions. Price bids that are not expressly rejected by Seller at least fifteen (15) days prior to the first day of the month in which the applicable Biodiesel shipment is to be made shall be deemed accepted by Purchaser. Such acceptances shall constitute “Confirmed Orders” and the price in $/gallon thereunder shall be the Price for the applicable Biodiesel. The monthly schedules of the Delivery Schedule shall reflect and be further governed by such Confirmed Orders of Biodiesel. The Parties understand and agree that telephone conversations are recorded by Purchaser and may be recorded by Seller in the ordinary course of their respective businesses for purposes of, among other things, further documenting the quotation and acceptance of Biodiesel prices in order to establish and verify Confirmed Orders. Purchaser shall be responsible for marketing, selling, and shipment of Biodiesel per the Confirmed Orders.
Sample 1
Confirmed Orders. It is understood that, in all events, pricing of Biodiesel shall be bid by Purchaser and either accepted or rejected by Seller. Net Price bids (prior to the incurrence of Logistics Costs) for Biodiesel shipments shall be submitted to Seller by Purchaser, and Seller shall reject or accept the price bid by the close of that same business day or earlier if notified by Purchaser of price changes due to specific market conditions. Such Net Price bids that are not expressly rejected by Seller at least fifteen (15) days prior to the first day of the month in which the applicable Biodiesel shipment is to be made shall be deemed accepted by Purchaser. Such acceptances shall constitute “Confirmed Orders” and the price in $/gallon thereunder shall be the Net Price (prior to the incurrence of Logistics Costs) for the applicable Biodiesel. The monthly schedules of the Delivery Schedule shall reflect and be further governed by such Confirmed Orders of Biodiesel. The Parties understand and agree that telephone conversations are recorded by Purchaser and may be recorded by Seller in the ordinary course of their respective businesses for purposes of, among other things, further documenting the quotation and acceptance of Biodiesel prices in order to establish and verify Confirmed Orders. Purchaser shall be responsible for marketing, selling, and shipment for each gallon of Biodiesel per the Confirmed Orders.
Sample 1
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Confirmed Orders. It is understood that, in all events, pricing of Feedstock shall be quoted by LIPID and either accepted or rejected by Buyer. Price quotations for Feedstock deliveries shall be submitted to Buyer by LIPID prior to purchases. The Parties understand and agree that telephone conversations are recorded by LIPID and may be recorded by Buyer in the ordinary course of their respective businesses for purposes of, among other things, further documenting the quotation and acceptance of Feedstock prices in order to establish and verify Confirmed Orders. LIPID shall be responsible for ordering, purchasing, and delivery for each Feedstock purchase per the Confirmed Orders. Quotations and acceptance and rejection of LIPID offers shall be executed utilizing the automated order confirmation process provided by Section 3.2.
Sample 1

Related to Confirmed Orders

  • Field Orders The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above).

  • Field Order A written order issued by Engineer which requires minor changes in the Work but does not change the Construction Contract Price or the Construction Contract Times.

  • Product Orders All Product orders shall be submitted by the Operators to DISTRIBUTOR and shall specify the location of the Operator’s Stores, the type of Product, and the quantity desired. Operators may place orders electronically (“Electronic Orders”) or by telephoning or faxing DISTRIBUTOR’s customer service center in accordance with the guidelines detailed below. All shipment expenses from DISTRIBUTOR’s distribution center to the Operator’s location shall be at DISTRIBUTOR’s expense unless otherwise noted elsewhere in this Agreement. Product order guides will be provided by DISTRIBUTOR to the Operators monthly via DISTRIBUTOR’s website and with a hard copy delivered to each Store, with availability of such order guides to be made prior to the beginning of the month, but only after review and approval of the order guide by COMPANY. The order guides will be organized by Product categories and will include, among other things, the Product Sell Price (as defined herein), Product units and new Products. DISTRIBUTOR will assign one product code number to each stock-keeping unit (“SKU”) of each Product, which will be common throughout its entire distribution system and will be used on all documents such as order guides, invoices, monthly reports, etc. SKU’s, and, accordingly, the assigned product code number, must differ for equivalent Products supplied by different suppliers. Only Products approved for sale to its Operators by the COMPANY will be listed on this order guide. Electronic Orders will be placed via telephone modem or internet using DISTRIBUTOR’s automated order entry system. All orders are subject to the standard order cut-off time of 4:00 p.m. two (2) days prior to their scheduled delivery day. Operators will be notified prior to the time of final order cut-off if a product is expected to be out of stock so that an alternative may be ordered, subject to the provisions of Section 3.02. Operators will have until 5:00 p.m, one (1) day before their order shipping day to modify or add-on to their order (Friday at 5:00 p.m. for Stores whose deliveries will leave DISTRIBUTOR’s facility on Monday). Where reasonably possible, DISTRIBUTOR will schedule ordering days and delivery days that are mutually agreed upon by and between DISTRIBUTOR and each Operator and will provide notice to the affected Operator of at least fourteen (14) days before routing changes. Wherever reasonably possible, DISTRIBUTOR will include no more than three (3) “skip days” between the date of order and date of delivery. For example, orders scheduled for delivery on Friday will be placed no earlier than Monday. Orders scheduled for delivery on Tuesday will be placed on Friday. In the event DISTRIBUTOR must include more than four (4) “skip days” between the date of order and date of delivery it will notify COMPANY in advance. In no event will there ever be more than four (4) “skip days” permitted without the prior written approval of COMPANY. DISTRIBUTOR may schedule deliveries on any day of the week. On an exception basis, DISTRIBUTOR will consider shortening the permissible time frames for scheduled deliveries for those Operators that, given unique and compelling business needs, require the same. Operator will be notified of any Product shortages at the time of order placement or, in the case of an Electronic Order, one (1) day prior to the loading of the delivery truck.

  • Forecasts and Orders 2.2.1 On the Effective Date of this Agreement, PURCHASER shall give SELLER written notice of the quantity of Martek Product which PURCHASER estimates in good faith that it will order or direct the Designee(s) to order from SELLER during the remainder of the current calendar year (the “Initial Annual Forecast”). Not later than November 30 of each calendar year during the Term of this Agreement, PURCHASER shall give SELLER written notice of the quantity of Martek Product which PURCHASER estimates in good faith that it will order or direct the Designee(s) to order from SELLER during the next subsequent calendar year (each, an “Annual Forecast”). The Annual Forecast shall be used to establish the per unit and per kilogram pricing for the Martek Products purchased during the relevant calendar year in accordance with Section 2.3.1 and Exhibit A attached hereto; provided that, for the remainder of calendar year 2006, the per kilogram pricing to be used, subject to the year-end adjustment pursuant to Section 2.3.1, shall be * per kilogram, notwithstanding the Initial Annual Forecast. In addition to the foregoing, one (1) month before the commencement of each calendar quarter during the Term of this Agreement, PURCHASER shall provide SELLER with a forecast (a “Rolling Forecast”) of PURCHASER’s requirements for the Martek Product for each of the succeeding four (4) quarters, specifying quantities and requested delivery dates. These forecasts will be PURCHASER’s good-faith, best estimate of requirements and should not be considered a firm commitment. 2.2.2 PURCHASER expressly acknowledges that available supplies of the Martek Product have been in the past, and, may from time to time in the future, be insufficient to meet current demand. Nevertheless, SELLER shall use commercially reasonable efforts to have available for shipment to PURCHASER or to a Designee for PURCHASER’s account such quantities of the Martek Product as PURCHASER forecasts in good faith pursuant to Section 2.2.1 above and any additional quantities which PURCHASER may reasonably request. In case for any reason SELLER cannot or does not supply such quantities of the Martek Products as are forecasted in good faith by PURCHASER pursuant to Section 2.2.1 to PURCHASER, PURCHASER shall be allowed to use an alternative supplier for quantities of Omega-3 and Omega-6 long-chain polyunsaturated fatty acids equal to those quantities of Martek Products that were ordered by PURCHASER pursuant to a Purchase Order and not delivered by SELLER. 2.2.3 PURCHASER shall issue and/or shall direct the Designee(s) to issue formal purchase orders (“Purchase Orders”) at least sixty (60) but no more than ninety (90) days in advance of the date on which PURCHASER or the Designee requests that SELLER ship the Martek Product. SELLER shall accept or reject any such Purchase Order within five (5) business days of receipt, provided that SELLER shall not reject any Purchase Order for any quantities within the most recent forecast. 2.2.4 Purchase Orders which have been accepted by SELLER shall be considered as firm and binding orders (subject to the provisions of Section 2.2.2 above) and shall only be canceled or amended by mutual written agreement of the parties. * CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.

  • Sale Order The Sale Order shall, among other things, (a) approve, pursuant to sections 105, 363 and 365 of the Bankruptcy Code, (i) the execution, delivery and performance by Sellers of this Agreement, (ii) the sale of the Acquired Assets to Buyer on the terms set forth herein and free and clear of all Encumbrances (other than Permitted Encumbrances), and (iii) the performance by Sellers of their obligations under this Agreement, (b) authorize and empower Sellers to assume and assign to Buyer the Transferred Contracts, (c) find that Buyer is a “good faith” purchaser within the meaning of section 363(m) of the Bankruptcy Code, find that Buyer is not a successor to any Seller, and grant Buyer the protections of section 363(m) of the Bankruptcy Code, (d) find that Buyer shall have no Liability or responsibility for any Liability or other obligation of any Seller arising under or related to the Acquired Assets other than as expressly set forth in this Agreement, including successor or vicarious Liabilities of any kind or character, including any theory of antitrust, environmental, successor, or transferee Liability, labor law, de facto merger, or substantial continuity, (e) find that Buyer has provided adequate assurance (as that term is used in section 365 of the Bankruptcy Code) of future performance in connection with the assumption of the Transferred Contracts, (f) find that Buyer shall have no Liability for any Excluded Liability, (g) find that the consideration provided by Buyer pursuant to this Agreement constitutes reasonably equivalent value and fair consideration for the Acquired Assets, (h) find that Buyer and Sellers did not engage in any conduct which would allow this Agreement to be set aside pursuant to section 363(n) of the Bankruptcy Code and (i) order that, notwithstanding the provisions of the Federal Rules of Bankruptcy Procedures 6004(h) and 6006(d), the Sale Order is not stayed and is effective immediately upon entry. Buyer agrees that it will promptly take such actions as are reasonably requested by any Seller to assist in obtaining Bankruptcy Court approval of the Sale Order, including furnishing affidavits or other documents or information for filing with the Bankruptcy Court for purposes, among others, of (A) demonstrating that Buyer is a “good faith” purchaser under section 363(m) of the Bankruptcy Code and (B) establishing adequate assurance of future performance within the meaning of section 365 of the Bankruptcy Code.

  • ODUF Packing Specifications 6.3.1 A pack will contain a minimum of one message record or a maximum of 99,999 message records plus a pack header record and a pack trailer record. One transmission can contain a maximum of 99 packs and a minimum of one pack.

  • Stop Orders The Company will advise the Subscribers, promptly after it receives notice of issuance by the Commission, any state securities commission or any other regulatory authority of any stop order or of any order preventing or suspending any offering of any securities of the Company, or of the suspension of the qualification of the Common Stock of the Company for offering or sale in any jurisdiction, or the initiation of any proceeding for any such purpose.

  • TIMELY PRICING AND ORDERS (a) AVIF or its designated agent will use its best efforts to provide LIFE COMPANY with the net asset value per Share for each Fund by 6:00 p.

  • DISTRIBUTION OF CONTRACTOR PRICE LIST AND CONTRACT APPENDICES Contractor shall provide Authorized Users with electronic copies of the Contract, including price lists and Appendices, upon request. Contract Updates will be handled as provided in Appendix C – Contract Modification Procedures.

  • Daily Order Confirmation All Agreement purchase orders will be approved daily by TIPS and sent to vendor. The vendor must confirm receipt of orders to the TIPS Member (customer) within 24 business hours. • Vendor custom website for TIPS: If Vendor is hosting a custom TIPS website, then updated pricing must be posted by 1st of each month.

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