Common use of Contrary Instructions Clause in Contracts

Contrary Instructions. From the date Iron Mountain mails written notice of the Beneficiary Work Request to release Deposit Material covered under this Agreement, Depositor representative(s) shall have ten (10) business days to deliver to Iron Mountain contrary, instructions (“Contrary Instructions”). Contrary Instructions shall mean the written representation by Depositor that a Release Condition has not occurred or has been cured. Contrary Instructions shall be on company letterhead and signed by an authorized Depositor representative, Upon receipt of Contrary Instructions, Iron Mountain shall send a copy to an authorized Beneficiary representative by commercial express mail. Additionally, Iron Mountain shall notify both Depositor representative(s) and Beneficiary representative(s) that there is a dispute to be resolved pursuant to the Disputes provisions of this Agreement. Iron Mountain will continue to store Deposit Material without release pending (i) joint instructions from Depositor and Beneficiary that accept release of Deposit Material; or (ii) dispute resolution pursuant to the Disputes provisions of this Agreement; or (iii) receipt of an order from a court of competent jurisdiction.

Appears in 4 contracts

Samples: Master Services Agreement, Master Services Agreement (Synacor, Inc.), Master Service Agreement (Synacor, Inc.)

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Contrary Instructions. From the date Iron Mountain mails written notice of the Beneficiary Work Request to release Deposit Material covered under this Agreement, Depositor authorized representative(s) shall have ten (10) business days to deliver to Iron Mountain contrary, instructions (“Contrary Instructions”)contrary instructions. Contrary Instructions instructions shall mean the written representation by Depositor that a Release Condition has not occurred or has been curedcured (“Contrary Instructions”). Contrary Instructions shall be on company letterhead and signed by an authorized Depositor representative, . Upon receipt of Contrary Instructions, Iron Mountain shall promptly send a copy to an authorized Beneficiary representative by commercial express mailBeneficiary’s Authorized Person(s). Additionally, Iron Mountain shall notify both Depositor representative(s) and Beneficiary representative(sAuthorized Person(s) that there is a dispute to be resolved pursuant to the Disputes provisions of this Agreement. Iron Mountain will continue to store Deposit Material without release pending (i) joint instructions from Depositor and Beneficiary that accept with instructions to release of the Deposit Material; or (ii) dispute resolution pursuant to the Disputes provisions of this Agreement; or (iii) receipt of an order from a court of competent jurisdiction.

Appears in 3 contracts

Samples: Supply and License Agreement, Supply and License Agreement (Bioheart, Inc.), Procurement Agreement (ORBCOMM Inc.)

Contrary Instructions. From the date Iron Mountain mails written notice of the Beneficiary Work Request to release Deposit Material covered under this Agreement, Depositor representative(s) shall have ten (10) business days to deliver to Iron Mountain contrary, contrary instructions (“Contrary Instructions”). Contrary Instructions shall mean the written representation by Depositor that a Release Condition has not occurred or in the case of Section 1(c) above has been cured. Contrary Instructions shall be on company letterhead and signed by an authorized Depositor representative, . Upon receipt of Contrary Instructions, Iron Mountain shall send a copy to an authorized Beneficiary representative by commercial express mail. Additionally, Iron Mountain shall notify both Depositor representative(s) and Beneficiary representative(s) that there is a dispute to be resolved pursuant to the Disputes provisions of this Agreement. Iron Mountain will continue to store Deposit Material without release pending (i) joint instructions from Depositor and Beneficiary that accept release of Deposit Material; or (ii) dispute resolution pursuant to the Disputes provisions of this Agreement; or (iii) receipt of an order from a court of competent jurisdiction.. * * * Indicates that confidential treatment has been sought for this information. 126

Appears in 1 contract

Samples: Master Distribution Agreement (Bluearc Corp)

Contrary Instructions. From the date Iron Mountain mails sends written notice of the Beneficiary Work Request to release Deposit Material covered under this AgreementAgreement via electronic mail, facsimile and regular mail, Depositor representative(s) shall have ten (10) business days to deliver to Iron Mountain contrary, contrary instructions ("Contrary Instructions"). Contrary Instructions shall mean the written representation by Depositor that a Release Condition has not occurred or has been cured. Contrary Instructions shall be on company letterhead and signed by an authorized Depositor representative, . Upon receipt of Contrary Instructions, Iron Mountain shall send a copy to an authorized Beneficiary representative by commercial express mail. Additionally, Iron Mountain shall notify both Depositor representative(s) and Beneficiary representative(s) that there is a dispute to be resolved pursuant to the Disputes provisions of this Agreement. Iron Mountain will continue to store Deposit Material without release pending (i) joint instructions from Depositor and Beneficiary that accept release of Deposit Material; or (ii) dispute resolution pursuant to the Disputes provisions of this Agreement; or (iii) receipt of an order from a court of competent jurisdiction.

Appears in 1 contract

Samples: Security Agreement (Bsi2000 Inc)

Contrary Instructions. From the date Iron Mountain mails written notice of the Beneficiary Work Request to release Deposit Material covered under this Agreement, Depositor representative(s) shall have ten fifteen (1015) business days to deliver to Iron Mountain contrary, contrary instructions (“Contrary Instructions”). Contrary Instructions shall mean the written representation by Depositor that a Release Condition has not occurred or has been cured. Contrary Instructions shall be on company letterhead and signed by an authorized Depositor representative, . Upon receipt of Contrary Instructions, Iron Mountain shall send a copy to an authorized Beneficiary representative by commercial express mail. Additionally, Iron Mountain shall notify both Depositor representative(s) and Beneficiary representative(s) that there is a dispute to be resolved pursuant to the Disputes provisions of this Agreement. Iron Mountain will continue to store Deposit Material without release pending (i) joint instructions from Depositor and Beneficiary that accept release of Deposit Material; or (ii) dispute resolution pursuant to the Disputes provisions of this Agreement; or (iii) receipt of an order from a court of competent jurisdiction.

Appears in 1 contract

Samples: Escrow Service Agreement (Occam Networks Inc/De)

Contrary Instructions. From the date Iron Mountain mails written notice of the Beneficiary Work Request to release Deposit Material covered under this Agreement, Depositor representative(s) shall have ten (10) business days to deliver to Iron Mountain contrary, contrary instructions (“Contrary Instructions”). Contrary Instructions shall mean the written representation by Depositor that a Release Condition has not occurred or has been cured. Contrary Instructions shall be on company letterhead and signed by an authorized Depositor representative, . Upon receipt of Contrary Instructions, Iron Mountain shall send a copy to an authorized Beneficiary representative by commercial express mail. Additionally, Iron Mountain shall notify both Depositor representative(s) and Beneficiary representative(s) that there is a dispute to be resolved pursuant to the Disputes provisions of this Agreement. Iron Mountain will continue to store Deposit Material without release pending (i) joint instructions from Depositor and Beneficiary that accept release of Deposit Material; or (ii) dispute resolution pursuant to the Disputes provisions of this Agreement; or (iii) receipt of an order from a court of competent jurisdiction.

Appears in 1 contract

Samples: License and Manufacturing Agreement (Emerging Delta Corp)

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Contrary Instructions. From the date Iron Mountain mails written notice of the Beneficiary Work Request to release Deposit Material covered under this Agreement, Depositor representative(sAuthorized Person(s) shall have ten (10) business days to deliver to Iron Mountain contrary, instructions (“Contrary Instructions”)contrary instructions. Contrary Instructions shall mean the written representation by Depositor that a Release Condition has not occurred or has been curedcured ("Contrary Instructions"). Contrary Instructions shall be on company letterhead and signed by an authorized a Depositor representative, Authorized Person. Upon receipt of Contrary Instructions, Iron Mountain shall promptly send a copy to an authorized Beneficiary representative by commercial express mailBeneficiary’s Authorized Person(s). Additionally, Iron Mountain shall notify both Depositor representative(s) and Beneficiary representative(sAuthorized Person(s) that there is a dispute to be resolved pursuant to the Disputes provisions of this Agreement. Iron Mountain will continue to store Deposit Material without release pending (i) joint instructions from Depositor and Beneficiary that accept with instructions to release of the Deposit Material; or (ii) dispute resolution pursuant to the Disputes provisions of this Agreement; or (iii) withdrawal of Contrary Instructions from Depositor’s Authorized Person or legal representative; or (iv) receipt of an order from a court of competent jurisdiction.

Appears in 1 contract

Samples: Escrow Service Agreement (Avistar Communications Corp)

Contrary Instructions. From the date Iron Mountain mails written notice of the Beneficiary Work Request to release Deposit Material covered under this Agreement, Depositor representative(s) shall have ten (10) business days to deliver to Iron Mountain contrary, instructions (“Contrary Instructions”)contrary instructions. Contrary Instructions shall mean the written representation by Depositor that a Release Condition has not occurred or has been curedcured (“Contrary Instructions”). Contrary Instructions shall be on company letterhead and signed by an authorized Depositor representative, . Upon receipt of Contrary Instructions, Iron Mountain shall promptly send a copy to an authorized Beneficiary representative by commercial express mailBeneficiary’s Authorized Person(s). Additionally, Iron Mountain shall notify both Depositor representative(s) and Beneficiary representative(sAuthorized Person(s) that there is a dispute to be resolved pursuant to the Disputes provisions of this Agreement. Iron Mountain will continue to store Deposit Material without release pending (i) joint instructions from Depositor and Beneficiary that accept with instructions to release of the Deposit Material; or (ii) dispute resolution pursuant to the Disputes provisions of this Agreement; or (iii) receipt of an order from a court of competent jurisdiction.

Appears in 1 contract

Samples: Supplier Partnering Agreement (Nve Corp /New/)

Contrary Instructions. From the date Iron Mountain mails sends written notice of the Beneficiary Work Request to release Deposit Material covered under this AgreementAgreement via electronic mail, facsimile and regular mail, Depositor representative(s) shall have ten (10) business days to deliver to Iron Mountain contrary, contrary instructions ("Contrary Instructions"). Contrary Instructions shall mean the written representation by Depositor that a Release Condition has not occurred or has been cured. Contrary Instructions shall be on company letterhead and signed by an authorized Depositor representative, . Upon receipt of Contrary Instructions, Iron Mountain shall send a copy to an authorized Beneficiary representative by commercial express mail. Additionally, Iron Mountain shall notify both Depositor representative(s) and Beneficiary representative(s) that there is a dispute to be resolved pursuant to the Disputes provisions of this Agreement. Iron Mountain will continue to store Deposit Material without release pending (i) joint instructions from Depositor and Beneficiary that accept release of Deposit Material; or (ii) dispute resolution pursuant to the Disputes provisions of this Agreement; or (iii) receipt of an order from a court of competent jurisdiction. 4.

Appears in 1 contract

Samples: Three Party Escrow Service Agreement

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