Common use of Confirmed Orders Clause in Contracts

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.

Appears in 7 contracts

Samples: Off Take Agreement (Lincolnway Energy, LLC), Off Take Agreement (Lincolnway Energy, LLC), Off Take Agreement (Lincolnway Energy, LLC)

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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 “CD” 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.

Appears in 1 contract

Samples: Take Agreement (Lincolnway Energy, LLC)

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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 “CE” 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 sales contract and email the executed document to Gavilon. Confirmed Orders Sales contracts 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 the terms of any Confirmed Order sales contract conflict with the terms of this Agreement, the terms of this Agreement shall govern, unless, unless both Parties parties have specifically expressed their intent in writing to supersede the terms of this Agreement.

Appears in 1 contract

Samples: Off Take Agreement (Lincolnway Energy, LLC)

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