Fulfillment. During the Term and thereafter, CDnow shall have the sole right and responsibility for processing all orders through every aspect of a transaction, including receiving, filling, shipping and handling, collecting payment, tracking and transaction security. All orders for CDnow's products shall be placed by customers directly with CDnow and shall be subject to acceptance by CDnow. All orders accepted shall be subject to the terms and conditions of CDnow's then current terms and conditions of sale. Such terms may be changed at any time, without notice to Jam, RSN or its customers. CDnow shall have no obligation to ship any orders unless payment in full is received in advance. Prices for the products shall be set solely by CDnow. CDnow reserves the right to change its prices at any time, without notice to Jam, RSN or its customers.
Fulfillment. Licensee's reasonable efforts set forth in Section 7.1 with respect to the US shall be deemed to have been fulfilled if Licensee
Fulfillment. This Reseller Track Appendix authorizes Partner to acquire eligible Red Hat Products from a Red Hat-authorized distributor, reseller or OEM (each, a “Business Partner”) as specified in the applicable Program Guide. Partner will only be permitted to purchase Red Hat Products directly from Red Hat if Partner receives Red Hat's prior written consent to do so. If Partner acquires Red Hat Products from a Business Partner, Partner will pay the Business Partner for the Red Hat Products and all payment, credit, shipping and other direct purchase terms shall be between Partner and the Business Partner. If Partner acquires Red Hat Products from Red Hat, Partner will pay Red Hat for the Red Hat Products under the terms provided in Section 4, below. Upon receipt of a purchase order from either Partner or Business Partner for Red Hat Products, Red Hat will provide access to a downloadable version of the Red Hat Products to either the Business Partner, Partner, or End User, as directed by the Business Partner or Partner in writing. For any instance where Red Hat has to ship Red Hat Products with physical media directly to Partner, Red Hat will itself or will direct its authorized agent to create and ship the physical media to Partner. Shipment is F.O.B. point of shipment by the method Red Hat deems most advantageous. Transportation and insurance charges, expenses and costs will be invoiced to Partner and are not included in any pricing provided. Risk of loss or damage to the Red Hat Products will automatically pass to Partner when the Red Hat Products are placed with the carrier for shipment to Partner. Red Hat Products are sold without return privileges, unless consented to in writing by Red Hat in its sole discretion.
Fulfillment. To the extent that any orders for REAGENT do not exceed [**] percent ([**]%) of OPHTHOTECH’s initial forecast for a respective CALENDAR QUARTER, and to the extent forecasts and purchase orders are submitted as provided hereunder, NEKTAR shall commence fulfilling these orders no later than: (a) [**] months after the date an order is placed; or (b) any other mutually agreed upon delivery date. If NEKTAR determines that it cannot commence fulfilling an order by the later of [**] months of the date an order is placed or any other agreed upon delivery date, then NEKTAR will promptly notify OPHTHOTECH in writing within [**] business days of such determination. To the extent that such order for REAGENT does not exceed [**] percent ([**]%) of OPHTHOTECH’s forecast for a respective CALENDAR QUARTER, and to the extent that such purchase order is submitted as provided hereunder, the provisions of Section 4.7 apply. Each shipment of REAGENT as of delivery shall have at least [**]% of its initial shelf-life as of the completion of its manufacture remaining.” “4.6 Shipment; Payment of Invoices. NEKTAR shall send invoices to OPHTHOTECH for the REAGENT shipped to OPHTHOTECH no earlier than the date on which the REAGENT is placed aboard the carrier at the point of shipment from the place of manufacture or storage owned or controlled by NEKTAR. All shipments of REAGENT will be delivered to the address set forth in the applicable purchase order. All REAGENT supplied to OPHTHOTECH hereunder shall be delivered to OPHTHOTECH EX WORKS (INCOTERMS 2010) NEKTAR’s manufacturing or storage facility. OPHTHOTECH shall pay all shipping, customs, duties, taxes, freight and insurance charges associated with shipments of REAGENT. All invoices will be in DOLLARS, payable to NEKTAR, at the address provided above or such other address as NEKTAR may from time to time advise OPHTHOTECH. Payment will be due [**] days from receipt of invoice unless acceptance is delayed pursuant to Sections 6.2, 6.3 and 6.4, in which case they shall be due as provided thereunder. Amounts past due shall bear interest at the rate of [**] percent ([**]%) per month, compounded daily, or the maximum rate allowed under law, whichever is less.”
Fulfillment. If Customer elects to use MCI WorldCom for fulfillment, Customer shall pay MCI WorldCom the fulfillment charges associated with Customer's usage of CALLING CARD Service, as determined by MCI WorldCom.
Fulfillment. Polymation's delivery of Units, plus or minus 5% of the quantities ordered by Distributor, shall constitute fulfillment of the order. Distributor shall be obligated to pay only for the Units delivered. Delivery dates of Units may vary due to availability of manufacturing materials (resin). Polymation is not responsible for delays in delivery of Units caused by unavailability of resin. Polymation will use its best efforts to meet delivery dates in general, however, in the event a delivery date cannot be met, Polymation is not liable for missed schedules, sales, or commitments, made by Distributor, or any resulting actions, claims or damages.
Fulfillment. The Seller and each Warrantor have fulfilled and followed all the agreements, commitments, obligations and conditions included in each transaction document that they should have been fulfilled or followed on or before the closing, including the conditions listed in this Article 3.1 and the commitments listed in Articles 4 and 7.
Fulfillment. A digital parcel map to be acquired with a best efforts version date of < 24 Months and Owner Info > 90%
Fulfillment. Customer will be solely responsible for fulfilling all orders and/or investments placed by End Users via the Customer Portal and for providing customer service to End Users.
Fulfillment. Each individual who purchases a Subscription must complete the Registration Process, where such individual will be prompted to provide certain personally identifiable information including a valid major credit card (e.g. Visa, MasterCard, Discover, American Express) to receive the Programming. Support for additional payment methods and additional credit cards may be developed by Distributor, with IMNTV’s prior written approval.
