Entry into Agreement. The following paragraphs of Clause 2 define the point at which an agreement between Canon and Supplier becomes binding (“Agreement”). The Agreement shall be governed by these Purchase Terms unless this is excluded in the Agreement.
Entry into Agreement. 2.1 The following paragraphs of Clause 2 define the point at which an agreement between Canon and Supplier becomes binding (“Agreement”). The Agreement shall be governed by these Purchase Terms.
2.2 If, following a request from Canon, Supplier provides a firm offer and this is followed by a Canon authorized purchase order issued through Canon’s purchasing system requesting the provision of Products and/or Services (“Purchase Order” or “PO”) issued by Canon, the Agreement shall be entered into at the moment that the PO is dispatched by Canon, representing Canon’s acceptance of Supplier’s offer to provide Products and/or Services on these Purchase Terms.
2.3 If Canon places a PO without Supplier having provided an offer, then the Agreement shall be entered into either (i) at the moment Canon receives a written PO confirmation from Supplier within fourteen (14) days after the PO has been dispatched by Canon, or, (ii) at the moment the Products and/or Services are delivered by Supplier and received by Canon in accordance with the PO.
2.4 In the event the Agreement is entered into verbally, the execution of the Agreement shall be postponed until the PO has been dispatched by Canon. In any event, these Purchase Terms shall apply.
2.5 No obligation(s) for Canon to purchase Products and/or Services can be derived from these Purchase Terms or from any (previous) Agreement between Canon and Supplier.
2.6 The Agreement may also come into force by an electronic ordering process, to the extent the parties have agreed to this in writing in advance, thereby agreeing on the level of security, which includes but is not limited to encryption and authentication mechanisms as well as relevant activity logging procedures to be followed. In this respect Supplier shall acknowledge the following e-mail address as a Canon authorised sender of POs: xxxxxxxxxxx@xxx.xxxxx.xx.xx (or any other address which may be notified by Canon Procurement from time to time if a change is made).
Entry into Agreement. Each Borrower represents, warrants and acknowledges that (i) the relationship between each Borrower and Lender is solely that of a borrower and a lender, and (ii) each Borrower is in sole control of its business and has entered into this Agreement as its own free act and voluntary deed, based upon its independent judgment as to its best interests.
Entry into Agreement. The Companies agree to enter into a new Power Pool Agreement upon terms substantially the same as those now in effect between Power Company and Service Company under their Power Pool Agreement dated December 29, 1960 and supplemental letter agreement 'dated November 27, 1964, but modified in order to (a) include Electric Company as a participant with representation on the Operating Committee thereunder, (b) provide for common ownership of facilities when so agreed by the Companies herein or hereafter, (c) provide that if any Company is not afforded the opportunity of ownership participation in the approximate ratio of its maximum "Accredited Demand" to the combined maximum "Accredited Demands" of the Companies in the first major unit constructed by any of the Companies subsequent to the 1976 Unit, such Company at any time after said subsequent unit is committed may itself build capacity which will be Accredited Capacity beginning with commercial operation of the first major unit constructed by any other Company or Companies subsequent to the 1976 Unit, (d) change the Contract Energy Rate from 0.5¢ per kilowatt hour to 0.4¢ per kilowatt hour, and (e) give effect to Sections 1.02 and 1.03 hereof.
Entry into Agreement. On or before February 28, 2019, one of the following must have occurred in accordance with the terms of this Agreement: Asset Purchase Agreement Event, Equity Agreement Event or the Merger Agreement Event; provided,
4. Section 13.1 of the Loan Agreement is hereby amended by amending and restating the following definitions therein as follows:
Entry into Agreement. On or prior to 5:00 p.m., Eastern time, on Wednesday, December 20, 1995, Buyer shall deliver to Seller (i) appropriate evidence that Buyer's and Parent's respective Boards of Directors have authorized and approved the transaction contemplated herein, including without limitation, the execution, delivery and performance of this Agreement by Parent and Buyer, (ii) not less than two (2) original copies of this Agreement executed by Parent and Buyer and (iii) a check made payable to the Escrow Agent in the amount of $250,000.00 (the "Xxxxxxx Money"). If the foregoing are received by Seller in a timely manner, Seller shall (i) promptly execute and cause Owners to execute this Agreement and deliver a fully executed copy back to Buyer, and (ii) deposit the Xxxxxxx Money with the Escrow Agent pursuant to the Escrow Agreement. In the event that either (A) Seller or any Owner does not execute and deliver this Agreement to Buyer on or before December 22, 1995 or (B) the transaction contemplated herein fails to close due to (i) a failure of a condition precedent to Buyer's obligations as set forth in Section 7.01 hereof (other than Section 7.01(b) as it pertains to Buyer or Parent) to have been met on or before January 30, 1996, (ii) a default by Seller in a material obligation hereunder, which default is not cured within five (5) business days after written notice thereof is given to Seller by Buyer, or (iii) the termination of this Agreement by Seller pursuant to Section 10.01(d) hereof, the Xxxxxxx Money, plus all interest earned thereon, if any, shall be returned to Buyer. In all other events, the Xxxxxxx Money and accrued interest thereon shall be delivered to Seller. Upon the Closing, the Xxxxxxx Money will be delivered to Seller in partial satisfaction of Buyer's obligations hereunder. Seller and Buyer hereby covenant and agree to direct the Escrow Agent to deliver the Xxxxxxx Money plus interest earned thereon in accordance with the foregoing provisions.
Entry into Agreement. The Companies agree to enter into a new Power Pool Agreement upon terms substantially the same as those now in effect under the Power Pool Agreement dated March 11, 1968, but modified in order to:
a) substitute, in lieu of the present fixed 4 xxxxx per KWH contract energy charge, a cost variable energy charge computed on February 1st of each year and equal to 1.20 X total three company fuel expense of FPC accounts 501 and 54 7 per net KWH generated for the previous calendar year exclusive of hydro, nuclear and purchased power.
b) substitute, in place of the fixed $1.67 per kilowatt-month participation capacity charge, a cost variable participation capacity charge computed initially as $1.67 per kilowatt-month and adjusted when any fossil fuel steam unit addition (including combined cycle units) begins commercial operation, to a value equal to $1.67 X "A"/$126.79 where "A" is the total three company coal, oil and gas fuel generation investment per KW as of that date, including the latest available estimate of the new fossil fuel unit addition, as well as leased fossil fuel generating units. The investment shall be taken from FPC accounts 310 to 316 inclusive and 340 to 346 inclusive.
c) provide for common ownership of facilities when so agreed by the Companies herein or hereafter.
d) provide that if any Company is not afforded the opportunity of ownership participation in the approximate ratio of its maximum "Accredited Demand" to the combined maximum "Accredited Demands" of the Companies in the first major unit constructed by any of the Companies subsequent to the 1978 Unit, such Company at any time after said subsequent unit is committed may itself build capacity which will be Accredited Capacity beginning with commercial operation of the first major unit constructed by any other Company or Companies subsequent to the 1978 Unit.
e) provide for arbitration by including a provision in the same form as Section 8.01 Arbitration of Exhibit A.
f) give effect to section 1.02 and 1.03 hereof.
Entry into Agreement. The Company expressly affirms and agrees that it has entered into this Agreement and assumed the obligations imposed on it hereunder to induce Indemnitee to continue as a director or officer, as the case may be, of the Company.
Entry into Agreement. On or before January 31, 2019, one of the following: Asset Purchase Agreement Event, Equity Agreement Event or the Merger Agreement Event must have occurred in accordance with the terms of this Agreement; provided, however, nothing herein constitutes a consent by any Lender or Collateral Agent to any of the aforementioned.
Entry into Agreement. Each Authorized Scientist and Designated Recipient shall enter into an agreement directly with MethylGene, in a form acceptable to MethylGene, agreeing to comply with all applicable terms of this Agreement including, but not limited to, the requirements of this Section 3.8 and the use, disclosure and confidentiality restrictions set forth in Article VIII of this Agreement. In addition, for clarity, Otsuka shall be liable to MethylGene for any breaches of this Agreement by any Authorized Scientist or Designated Recipient.
