Effect of Forecasts Sample Clauses

Effect of Forecasts. Except as otherwise set forth in Schedule 4, the Forecasts are non-binding, for informational purposes only, and will not (i) constitute a Purchase Order for the purchase of any quantity of Products or (ii) adjust the quantities of Products to be purchased and sold. With respect to the Forecasts provided by Purchaser in accordance with Section 4.2(a) above, the Parties agree that Purchaser will have no obligation to purchase Product according to such Forecasts, except as otherwise set forth in Schedule 4, and for the avoidance of doubt, Supplier shall procure, produce and supply the Products solely in accordance with firm Purchase Orders.
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Effect of Forecasts. The parties shall add five percent (5%) to the monthly and total estimates provided by BMS under Section 4.5(A), the sum of each of which shall be hereinafter referred to as the "Total Estimates." For Nitric Acid in excess of the Total Estimates, EDNLP may sell to third parties at any time Nitric Acid produced at the Nitric Acid Facility on a daily, monthly or annual basis, and BMS shall have no claim to such Nitric Acid in excess of the Total Estimates. Except as provided in the foregoing sentence, all forecasts and estimates provided under this Section 4.5 shall be for information and planning purposes only and shall not be construed as firm orders or firm commitments on either party's part.
Sample 1
Effect of Forecasts. The parties shall add five percent (5%) to the daily, monthly and total estimates provided by Bayer under Section 3.11(A), the sum of each of which shall be hereinafter referred to as the "Total Estimates." EDNC may enter into long-term commitments to sell to third parties at any time nitric acid produced at the EDNC Baytown Plant on a daily, monthly or annual basis in excess of the Total Estimates, and Bayer shall have no claim to nitric acid produced at the EDNC Baytown Plant in excess of the Total Estimate. Except as provided in the foregoing sentence, all forecasts and estimates provided under this Section 3.11 shall be for information and planning purposes only and shall not be construed as firm orders or firm commitments on either party's part.
Sample 1

Related to Effect of Forecasts

  • Effect of Force Majeure If either Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Act, that Party shall be excused from whatever performance is affected by the Force Majeure Act to the extent so affected, provided that: a) Within five (5) Business Days after the occurrence of the inability to perform due to a Force Majeure Act, the Affected Party provides a written notice to the other Party of the particulars of the occurrence, including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic reports with respect thereto, every seven (7) days, during the period of Force Majeure, b) The Affected Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure as soon as possible the Force Majeure Act, c) The suspension of performance shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure Act, d) The Affected Party shall provide the other Party with prompt notice of the cessation of the Force Majeure Act giving rise to the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude, e) The non-performance of any obligation of either Party that was required to be performed prior to the occurrence of a Force Majeure Act shall not be excused as a result of such subsequent Force Majeure Act, f) The occurrence of a Force Majeure Act shall not relieve either Party from its obligations to make any payment hereunder for performance rendered prior to the occurrence of Force Majeure Act or for partial performance hereunder during period of subsistence Force Majeure Act; and g) The Force Majeure Act, shall not relieve either Party from its obligation to comply with Applicable Laws. The Affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other Party.

  • Effect of Force Majeure Event If either party to this contract cannot meet an obligation under this contract because of an event outside the control of that party (‘a force majeure event’): (a) the obligation, other than an obligation to pay money, is suspended to the extent it is affected by the force majeure event for as long as the force majeure event continues; and (b) the affected party must use its best endeavours to give the other party prompt notice of that fact including full particulars of the event, an estimate of its likely duration, the extent to which the affected party’s obligations are affected and the steps being taken to remove, overcome or minimise those effects.

  • Effect of Addendum THIS ADDENDUM AMENDS AND SUPPLEMENTS THE CONTRACT AND, IF APPLICABLE, ESCROW INSTRUCTIONS. IN THE EVENT THERE IS ANY CONFLICT BETWEEN THIS ADDENDUM AND THE CONTRACT OR ESCROW INSTRUCTIONS OR NOTICE OR OTHER DOCUMENTS ATTACHED AND MADE A PART OF THE AGREEMENT, THE TERMS OF THIS ADDENDUM TAKE PRECEDENCE AND SHALL PREVAIL EXCEPT AS OTHERWISE PROVIDED BY LAW.

  • Effect of Agreement Nothing herein contained shall be deemed to require to the Trust to take any action contrary to its Declaration of Trust or its By-Laws or any applicable law, regulation or order to which it is subject or by which it is bound, or to relieve or deprive the Trustees of the Trust of their responsibility for and control of the conduct of the business and affairs of the Trust.

  • Governing Law; Choice of Forum This Agreement will be construed in accordance with and governed by the laws of the State of Delaware, regardless of the law that might be applied under principles of conflict of laws. Any action to enforce this Agreement or any action otherwise regarding this Agreement must be brought in a court in the State of New York, to which jurisdiction the Company and you consent.

  • Submission of Formal Disputes a. A Formal Dispute must be filed in writing with the Director of Procurement Services by mail or email, using the following contact information: Email: xxxxxxxx.xxxxxxxx@xxx.xx.xxx b. The Formal Dispute must include: i. Name, address, e-mail address and telephone numbers of the filer. ii. Solicitation or Contract number. iii. Detailed statement of the legal and factual grounds for the Formal Dispute, including a description of resulting prejudice to the filer. iv. Copies of relevant documents. v. Request for a ruling by the agency. vi. Statement as to the form of relief requested. vii. All information establishing that the filer is an Interested Party for the purpose of filing a Formal Dispute. viii. All information establishing the timeliness of the Formal Dispute.

  • Effect of non-approval of proposals Notwithstanding that under subclause (1) any proposals of the Company are approved by the Minister or determined by arbitration award, unless each and every such proposal and matter is so approved or determined by 31 October 1992 or by such extended date or period if any as the Company shall be granted pursuant to the provisions of this Agreement then the Minister may give to the Company 12 months notice of intention to determine this Agreement and unless before the expiration of the said 12 months period all the detailed proposals and matters are so approved or determined this Agreement shall cease and determine subject however to the provisions of Clause 35.

  • Governing Law; Choice of Forum; Waiver of Jury Trial (A) This Agreement and any claim, controversy or dispute arising under or related to this Agreement, the relationship of the parties, and/or the interpretation and enforcement of the rights and duties of the parties shall be enforced, governed, and construed in all respects (whether in contract or in tort) in accordance with the federal law of the United States if and to the extent such law is applicable, and otherwise in accordance with the laws of the State of New York applicable to contracts made and to be performed entirely within such State. Each of the parties hereto agrees (a) to submit to the exclusive jurisdictions and venue of the United States District Court of the District of Columbia and the United States Court of Federal Claims for any and all civil actions, suits or proceedings arising out of or relating to this Agreement or the transactions contemplated hereby, and (b) that notice may be served upon (i) the Company at the address and in the manner set forth for notices to the Company in Section 7.05 and (ii) the Seller at the address and in the manner set forth for notices to the Seller in Section 7.05, but otherwise in accordance with federal law. (B) To the extent permitted by applicable Law, each of the parties hereto hereby unconditionally waives trial by jury in any civil legal action or proceeding relating to this Agreement or the transactions contemplated hereby.

  • Effect of Supplemental Agreements Upon the execution of any supplemental agreement under this Article, this Agreement shall be modified in accordance therewith, and such supplemental agreement shall form a part of this Agreement for all purposes; and every Holder of Certificates theretofore or thereafter authenticated, executed on behalf of the Holders and delivered hereunder, shall be bound thereby.

  • Effect of Non-Compliance Failure to comply with the requirements set forth herein may result in termination of this Agreement and/or ineligibility for award of future contracts.

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