No Acceptance. 6.1. If a Associated Operator to whom Offers were given does not accept either of them, then, pursuant to the terms and conditions stated in Article 5 of this Agreement, the Operator shall notify Rostelecom to that effect within time frames referred to in Paragraphs 6.2, 6.7, 6.9 below and shall concurrently provide Rostelecom with the following information: • Associated Operator’s trade name; • Associated Operator’s legal and physical addresses; • Names of contact persons; • Grounds or reasons for disagreement, if the Associated Operator submitted a letter to the Operator stating reasons for its disagreement with the proposed agreement; • Contact telephones, faxes, e-mail address.
6.2. If within the time period provided for acceptance of the Offer by the Associated Operator, the Operator receives a message from the Associated Operator stating its refusal to enter into the agreement or its intent to enter into an agreement whereof subject matter is different from that stated in Form 1 or Form 2 of Appendix No. 1, or if no message related to the Offer is received by the Operator or Rostelecom, the Operator shall notify Rostelecom to that effect within three (3) business days after the expiration of the time period provided for acceptance by the Associated Operator. The Operator shall be discharged from its agency commission with respect to the relevant Associated Operator as from the moment when the information referred to in Paragraph 6.1. is sent to Rostelecom.
6.3. If within the time period provided for acceptance of the Offer the Associated Operator, the Operator receives a message from the Associated Operator stating its willingness to enter into the agreement on terms and conditions (other than subject matter) different from those stated in Form 1 or Form 2 of Appendix No. 1, i.e. a counter-offer, the Operator shall notify Rostelecom to that effect within three (3) business days after the expiration of the time period provided for the acceptance by the Associated Operator.
6.4. Within ten (10) days after receipt of notice from the Operator as referred to in Paragraph 6.3., Rostelecom shall notify the Operator of its full or partial consent or refusal to give consent to the Associated Operator’s counter-proposals.
6.5. If full consent to the Associated Operator’s counter-proposals is given by Rostelecom, the Operator shall accept the Associated Operator’s counter-offer; in case of Rostelecom’s partial consent or refusal to give consent to the Associate...
No Acceptance. If the Licensee does not comply with the provisions of section 3(b) on or before the Acceptance Date, then:
i) the Quote will become invalid and will no longer be binding on Transoft; and
ii) the Maintenance Services will cease.
No Acceptance. If:
i) the Licensee selected the Automatic Renewal Option and the Licensee gives written notice to Transoft that the Licensee does not intend to renew the Maintenance within 30 days of delivery by Transoft of a Quote pursuant to section 4.(b)(1), the Maintenance will not be renewed and the Maintenance will cease to be provided after the Expiration Date; or
ii) the Licensee did not select the Automatic Renewal Option and the Licensee has not complied with the provisions of section 4(c)(ii)(1) and 4(c)(ii)(2) within the applicable time period, the Maintenance will not be renewed and the Maintenance will cease to be provided after the Expiration Date.
No Acceptance. No payment made by the Owner under this Agreement will constitute a waiver of any claim or right the Owner may have at that time or thereafter, including claims regarding unsettled Liens, warranty rights and indemnification obligations of the Contractor. No Payment made by the Owner under this Agreement will be considered or deemed to represent that the Owner has inspected the Work, accepted or checked the quality or quantity of the Work or that the Owner knows or has ascertained how or for what purpose the Contractor has used sums previously paid, and will not be deemed or construed as an approval or acceptance of any Work, or to relieve the Contractor of any of the Contractor’s obligations under this Agreement, or as a waiver of any claim or right that the Owner may have under this Agreement. All payments will be subject to correction or adjustment in subsequent payments with a detailed explanation submitted by the Owner to the Contractor describing such correction or adjustment.
No Acceptance. The payment of HPES’ invoices by HPI will not constitute acceptance of such Services by HPI, and HPI reserves all rights thereof.
No Acceptance. Neither payment by nor passing of title or risk in API to the Purchaser or Purchaser’s Nominated Contract Manufacturer (as the case may be) shall be deemed to constitute acceptance of API.
No Acceptance. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents.
No Acceptance. If the Offer is not accepted by the Buyer in time, then Shenin is free to sell the whole 100% of its Interest, or any portion of its Interest, for a price and upon terms no less favourable than that made in the Offer or upon price and terms commercially equivalent thereto or greater than the Offer in the commercially reasonable opinion of Shenin. If the price and terms are not identical to the Offer, they must be disclosed to the Buyer. Such disclosure does not constitute an Offer, but may afford grounds to invoke the Dispute Resolution Provisions of Schedule B. If the proposed third party purchaser is not at arm’s length (within the meaning of the Canadian Tax Act) with Shenin, then Shenin shall disclose fully the relationship with the proposed third party purchaser, and such third party purchaser may only purchase if it covenants not to resell the whole or the portion of the Interest acquired for less than it paid for one year from the date of acquisition.
No Acceptance. Seller’s performance under the Order Acknowledgment does not constitute an acceptance of provisions of any Purchase Order that are different from or additional to the terms of the Order Acknowledgment, and such different or additional provisions are hereby expressly rejected and are void.
No Acceptance. (a) No payment hereunder shall be construed as an acceptance or approval of incomplete, defective or improper performance by the other Party of any of its obligations under this Project Agreement, nor shall it operate to relieve the other Party from the performance of any of its obligations under this Project Agreement which have not been performed, except as otherwise expressly set out herein.
