Meet or Release. Should Buyer receive a written competitive offer from another party to supply Products of equal quality, deliverable in quantities constituting (****) of the remaining contract quantity requirements hereunder, (****) with equal terms and equal conditions resulting in lower delivered prices than the prices then in effect hereunder, then Buyer may give written notice to Seller. Upon giving written notice, Buyer agrees to provide satisfactory proof to Seller of the competitive offer. Satisfactory proof includes but is not limited to: (i) verification of the competitive written offer; (ii) disclosure of the company and manufacturing location(s) that would sell and produce the Product(s); (iii) analytical verification that Products to be supplied are of equal or better quality than the specification listed in Schedule I. After receiving both written notification and satisfactory proof of the written offer; Seller will have 30 days to provide written notification that it will either (i) match the competitive offer by providing pricing equal to the greater of the exact pricing during remaining term of the this contract or the average price over the total term of the competitive offer or (ii) provide an alternate proposal to the Buyer. If Seller elects to match the competitive offer as stated above the new pricing will be effective within thirty (30) days of that election. If Seller provides an alternate proposal, as stated above, Buyer will have (30) days to either accept or decline the alternate proposal. If the alternate proposal is accepted it would be added as an amendment to this contract and effective within thirty (30) days. If Buyer declines the alternate proposal then Seller will elect a time, no longer than one hundred and twenty (120) days from date the Buyer declines, at which both parties shall thereupon be released from any further obligation under this contract as to the Facilities encompassed by the competitive offer.
Meet or Release. If at any time during the period of this Agreement Buyer can purchase commodity of like quality at a price which will result in a delivered cost to Buyer that is lower than the delivered cost of the material purchased hereunder, Buyer may notify Seller of such delivered cost and Seller shall have an opportunity of pricing material hereunder, within a reasonable time, but not more than 90 days, on such a basis as to result in the same delivered cost to Buyer. If Seller fails to do so or cannot legally do so, Buyer may purchase from the supplier of the lower delivered cost material, and any purchase made shall be held to apply on this Agreement, and the obligation of Buyer and Seller shall be reduced accordingly.
Meet or Release. If during the term of this Purchase Order or any related agreement, Purchaser can purchase equipment of like kind and quality to Equipment hereunder from a third-party supplier at a total delivered cost to any Purchaser’s facility that is lower than the total delivered cost of the Equipment purchased hereunder from Seller, Purchaser may notify Seller of such total delivered cost and Seller shall have the opportunity to price the Equipment purchased hereunder on such a basis as to result in the same total delivered cost to Purchaser within thirty (30) calendar days of such notice. If Seller timely fails to do so or cannot legally do so, Purchaser may (i) purchase the Equipment from such other supplier, in which case the obligations, including but not limited to, any purchase and sale requirements and/or commitments, if any, of Purchaser and Seller hereunder shall be reduced accordingly; (ii) terminate this Purchase Order and any related agreement without any penalty or further obligation; or (iii) continue purchases under this Purchase Order and any related agreement.
Meet or Release. If during the term of this Purchase Order or any related agreement, Purchaser can purchase goods of like kind and quality to the goods specified hereunder from a third-party supplier at a cost that is lower than the cost of the goods purchased hereunder from Seller, Purchaser may notify Seller of such cost and Seller shall have the opportunity, within thirty (30) calendar days of such notice, to price the goods purchased hereunder as to result in the same cost to Purchaser. If Seller timely fails to do so or cannot legally adjust the price, Purchaser may: (a) purchase the goods from the third-party supplier, in which case Purchaser’s obligations, including but not limited to, any purchase requirements and/or commitments, if any, of Purchaser hereunder shall be reduced accordingly; (b) terminate this Purchase Order and any related agreement without any penalty or further obligation; or (c) continue purchases under this Purchase Order and any related agreement.
Meet or Release. If during the period covered by this Agreement, Xxxxx receives a bona fide offer to purchase Product qualifying as US origin goods under NAFTA of equal quality and quantityon the same terms and conditions as those herein, and Xxxxx has provided Seller with written evidence satisfactory to Seller of such offer, Seller will, at Seller’s discretion, either: (i) meet such other offer during the time in which it continues, or (ii) permit Buyer to purchase the Product from such seller during such time and deduct the quantities purchased pursuant to such other offer from the quantity specified on the face hereof.
Meet or Release. If during the period covered by these Terms and Conditions, Xxxxx receives a bona fide offer to purchase Product qualifying as Canadian origin goods under NAFTA of equal quality and quantity on the same terms and conditions as those herein, and Xxxxx has provided Seller with written evidence satisfactory to Seller of such offer, Seller will either: (i) meet such other offer during the time in which it continues, or (ii) permit Buyer to purchase the Product from such seller during such time.
Meet or Release. If Buyer receives a bona fide written offer to purchase a quantity of a product substantially similar to the Product to be sold to Buyer hereunder that Buyer would otherwise purchase from Seller at a lower price than that being offered by Seller hereunder, and the Product being offered is of equal quality and is being offered on terms substantially similar to this Agreement, and at a price that excludes any forward fixed pricing (a “Competitive Offer”), then Buyer shall notify Seller, in writing, of such Competitive Offer within 30 calendar days of receipt of the same. Within fifteen calendar days of receipt of notice of said Competitive Offer, Seller will either (i) meet the net price for the Product in the Competitive Offer or (ii) release Buyer from its obligations to purchase Product under this Agreement.
Meet or Release. If, during the PERIOD of this AGREEMENT, BUYER can purchase goods of like quality to GOODS hereunder from another supplier at a total delivered cost to a BUYER facility that is lower than the total delivered cost of the GOODS purchased hereunder from SELLER, BUYER may notify SELLER of such total delivered cost and SELLER shall have an opportunity to price the GOODS purchased hereunder on such a basis as to result in the same total delivered cost to BUYER within [**] of such notice. If SELLER fails to do so or cannot legally do so, then BUYER shall be entitled to immediately (i) terminate this AGREEMENT on ninety (90) days prior written notice without any penalty, liability or further obligation; (ii) purchase the similar goods from other suppliers in which case the obligations of BUYER and SELLER hereunder shall be reduced accordingly commencing [**] after notice is delivered to SELLER; or (iii) continue purchases under this AGREEMENT. This Section 5.3 is subject in all respects to the restrictions set forth in Section 2.2, and elsewhere, in the LICENSE AGREEMENT.
Meet or Release. A. XxXxxx xxxll have the right during the term of this Agreement to obtain a bonafide offer from a storage provider to provide storage services for the entire Reserved Volume and present such bonafide offer to Conoco for Conoco to either meet the terms of the bonafide offer or elect to terminate the further obligations of both Parties under this Agreement.
Meet or Release. Except as set forth in this Section 1.4, EWSD may not sell Product of or for any grower, distributor or manufacturer of Product other than Whole Hemp. If EWSD identifies a potential purchaser of Product that is willing to purchase Product at less than the Minimum Price, EWSD must inform Whole Hemp of said potential purchaser, the proposed sale price, and the volume of Product the potential purchaser desires to purchase and, within three business days of such notice, if Whole Hemp has not authorized EWSD to sell Product to the potential purchaser at the proposed price, then EWSD shall have the right to procure Product from someone other than Whole Hemp to sell to the potential purchaser the requested amount of Product at the proposed price. Authorization by Whole Hemp to sell a certain volume of Product of another grower, distributor or manufacturer to a particular potential purchaser at a particular price will not be deemed authorization to sell any additional Product of another grower, distributor or manufacturer to the same or any other potential purchaser. Notwithstanding the foregoing, if Notis or any of its subsidiaries desires to utilize any farming facilities either now or hereafter owned or controlled by Notis or any subsidiary to grow crops to produce the Product (including, without limitation, growing crops to produce the Product on EWSD’s property subject to the Farming Agreement) and/ or sell any Product, or otherwise has an opportunity to sell Product on behalf of one or more third parties, Notis shall first give written notice to Whole Hemp of its intent to engage in a proposed transaction or activity otherwise limited by this Agreement. Notis and Whole Hemp shall then negotiate in good faith for purposes of allowing Whole Hemp to participate in the proposed transaction or activity on mutually acceptable terms. If the Parties are unable to reach a mutually acceptable written agreement with respect to the proposed transaction or activity, Notis or its affiliates may pursue the proposed transaction or activity free from any restriction under this Agreement.
