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Express Terms Sample Clauses

Express Terms. This Contract (as defined below in Section 1.2) contemplates that CUSTOMER may from time to time request that GDS perform or provide work or services (“Services”) or provide equipment, goods or materials (“Products”) on a non-exclusive basis under the terms written hereunder which shall determine the rights of the Parties regardless of contrary terms in any rate schedules or other documents which may relate, directly or indirectly, to GDS’s performance under this Contract as hereinafter defined.
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Express Terms. The provisions of Section 2.6(a) and (b) shall not be construed to apply to any payment made by Borrower pursuant to and in accordance with the express terms of this Credit Agreement.
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Express Terms. This Agreement shall be construed in accordance with its express terms and not its implied terms. Captions, paragraph and section headings appearing in this Agreement shall be used only for convenience in identifying the material terms and provisions of the Agreement and shall not be construed to express any other intent. Words used herein, regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender as the context require.
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Express Terms. The express terms herein control and supersede any course of performance, Prudent Industry Practice or usage of the trade inconsistent with any of the terms herein.
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Express Terms. Are terms (or promises) that have been specifically mentioned and agreed by both parties at the time the contract is made!! ▪ These terms are legally binding – that is – these terms are legally enforceable! ▪ If an express term is breached, you can then sue for breach of the contractual term. - Representations of the parties: Does it include promises? - Form of representation: Written, oral, in billboard, contracts? Did they sign anything *A contract should look like a contract with a signature, title “Terms and Conditions”, and promise sentence "I have read and accepted these terms and conditions”. 1. Was anything signed? Signed documents are normally binding (Toll FGCT pTY ltd v Alphapharm Pty LTD 2. Is there any unsigned writing that can be incorporated into the contract? (Xxxxxx v South Eastern railway) 3. Are there any oral representations which the parties intended to be terms ( Xxxxx Xxxxx v Xxxxxxxx)
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Express Terms. INCORPORATION OF EXPRESS TERMS INTO THE CONTRACT
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Express Terms. This Liquidation Plan shall be construed in accordance with its express and not its implied terms. Captions, paragraph and section headings appearing in this Liquidation Plan shall be used only for convenience in identifying the material terms and provisions of the Liquidation Plan and shall not be construed to express any other intent.
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Express Terms 
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Related to Express Terms

  • Monetary Terms All references to "Dollars" or "$" shall mean US Dollars unless otherwise specified.

  • WARRANTY TERMS The Seller shall provide warranty for the quality of the Equipment for a period of 12 months. The warranty term shall commence on the day following the date of signing of the Handover Protocol pursuant to Section 10.4 hereof. In case the Buyer accepted the Equipment with defects or unfinished work the warranty term shall commence on the day following the date of removal of the defects or unfinished work. The warranty does not cover consumable things.

  • Key Terms Throughout this document, “You” and “

  • INDEX OF DEFINED TERMS ACA 25 Acquired Company Confidential Information 68 Acquisition Proposal 58 Additional Equity Financing 65 Additional Escrow Account 9 Additional Escrow Claim 72 Additional Escrow Payout Schedule 11 Adjustment Amount Payout Schedule 11 Adjustment Unit Escrow Account 9 Agreement 1 Allocation 68 Alternative Financing 62 Alternative Transaction 58 Base Balance Sheet 22 Business Combination 81 Cash Consideration Payout Schedule 11 Certificate of Merger 3 Class I Directors 59 Class II Directors 59 Class III Directors 59 Closing 3 Closing Adjustment Statement 13 Closing Date 3 Companies Laws 1 Company 1 Company Disclosure Schedule 19 Company Equity Holder Support Agreement 2 Company Non-Recourse Party 109 Company Sale 18 Company Securityholder Representative 1 Company Sponsor Director Support Agreement 2 Company Sponsor Stockholders Agreement 8 Company Sponsor Support Agreement 2 Company Support Agreements 2 control 84 controlled by 84 D&O Indemnitees 73 Debt Commitment Letter 40 Debt Financing 40 DGCL 1 DLLCA 1 Domestication 1 Earn Out Payout Schedule 11 Earned Earn Out Units 17 Effective Time 3 Enforcement Exceptions 20 Equity Consideration Payout Schedule 11 Estimated Closing Adjustment 13 Estimated Closing Adjustment Statement 13 Excess Amount 16 Exchange Agreement 7 Excluded Financing Expenses 64 Final Closing Adjustment 13 Final Closing Adjustment Statement 13 Financial Statements 22 Flow-Through Tax Item 69 Founder Stockholders Agreement 8 GAAP 13 Group 18 Intended Tax Treatment 68 IPO 81 IRS 25 Letter of Transmittal 12 Material Contracts 28 Material Permits 27 Merger 1 Merger Sub 1 Merger Sub Equity Holder Written Consent 1 Most Recent Balance Sheet Date 22 NCP Contingent Payment Escrow Account 9 NCP Contingent Payment Escrow Amount 9 NCP Contingent Payment Remaining Amount 16 NCP Contingent Payment Remaining Amount Payout Schedule 11 Objection Notice 14 Organization Agreement 7 Parent 1 Parent Class A Share Certificate 9 Parent Class A Shares 36 Parent Class B Share Certificate 9 Parent Class B Shares 36 Parent Common Stock 36 Parent Disclosure Schedule 35 Parent Equity Holder Meeting 55 Parent Financials 42 Parent Non-Recourse Party 110 Parent Related Party 44 Parent Sponsor Director Support Agreement 2 Parent Warrants 36 Parties 1 Party 1 Paying and Exchange Agent 12 Paying and Exchange Agent Agreement 12 Post-Closing Directors 59 Post-Closing Pubco Board 59 Prospectus 81 Proxy Statement 55 Public Certifications 42 Public Stockholders 81 Redemption 44 Registration Rights Agreement 7 Registration Statement 55 Remaining Amount 15 SEC Reports 42 Stock Price Earn-Out Statement 17 Stockholders Agreement 8 Surviving Company 1 Surviving Company Amended and Restated Limited Liability Company Agreement 3 Surviving Pubco 1 Surviving Pubco Bylaws 67 Surviving Pubco Charter 67 Surviving Pubco Class V Share Subscription Agreement 7 Surviving Pubco Plans 74 Surviving Pubco Public Warrants 2 Surviving Pubco Warrants 2 Tax Partnership Matters Tax Receivable Agreement 7 Top Merchant 32 Top Merchants 32 Top Vendor 32 Top Vendors 32 Transfer Taxes 69 Trust Account 81 Trust Agreement 44 Trustee 44 under common control with 84 Voting Matters 55 Waiver Agreement 2 Withdrawing Director 59

  • Other Definitional Terms The words "hereof", "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Article, Section, Schedule, Exhibit and like references are to this Agreement unless otherwise specified.

  • Glossary of Defined Terms The following terms, when used in this Agreement, have the meanings ascribed to them in the corresponding Sections of this Agreement listed below:

  • Incorporation of defined terms (a) Unless a contrary indication appears, a term defined in the Original Facility Agreement has the same meaning in this Agreement. (b) The principles of construction set out in the Original Facility Agreement shall have effect as if set out in this Agreement.

  • Use of Defined Terms Unless otherwise defined or the context otherwise requires, terms for which meanings are provided in this Agreement shall have such meanings when used in each other Loan Document and the Disclosure Schedule.

  • Use of Words and Phrases Herein," "hereby," "hereunder," "hereof," "hereinbefore," "hereinafter" and other equivalent words refer to the Pooling and Servicing Agreement as a whole. All references herein to Articles, Sections or Subsections shall mean the corresponding Articles, Sections and Subsections in the Pooling and Servicing Agreement. The definitions set forth herein include both the singular and the plural.

  • Glossary When a defined term is used, it will be italicized.

Most Referenced Clauses

Most Referenced Definitions