NO DELIVERY Sample Clauses

NO DELIVERY. Roxio acknowledges that, except as expressly provided in Sections 2.1, 2.2 and 2.6 above, Adaptec has no obligation to deliver to Roxio any materials or information, including without limitation any materials or technical information relating to Assigned Technology or Assigned Trademarks. Notwithstanding the foregoing sentence if, after the Separation Date, it is found that the Assigned Technology, Licensed Technology and the Licensed Materials do not include certain Technology used before the Separation Date and intended for use by Roxio in the day to day conduct of its business as contemplated in this Agreement or in the Ancillary Agreements, and such Technology is not otherwise provided to Roxio under the Ancillary Agreements, Adaptec will provide Roxio such Technology under the assignments and licenses granted in this Agreement to the extent it is able to do so, but only to the extent such Technology is reasonably necessary for Roxio to accomplish such day to day operation of its business. Such Technology will be provided after good faith discussion of the subject between Adaptec and Roxio.
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NO DELIVERY. SAP acknowledges and agrees that the licenses granted by Qualtrics hereunder do not require Qualtrics to deliver or provide to the SAP Entities any documents, technology, specifications, designs, source code, object code, training or other materials containing or embodying the Qualtrics IP (collectively, the “Qualtrics IP Materials”), and SAP hereby agrees not to request or require disclosure of a material portion of the Qualtrics IP Materials to any SAP Entity or Third Party outside the scope of joint development or cooperation efforts between SAP Entities and Qualtrics Entities.
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NO DELIVERY. Lessor may refuse to deliver the Equipment to Lessee;
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NO DELIVERY. 13.1.1 The Seller shall be liable to the Purchaser for any costs, Losses and any other damages of the Purchaser arising from the fact that the Seller’s Group does not deliver any products under the Manufacturing Services Collaboration Agreement. 13.1.2 It is understood that this indemnity addresses the situation that the Seller’s Group does not start performing after Closing under the Manufacturing Services Collaboration Agreement. Other late delivery or non-delivery situations are addressed in the Manufacturing Services Collaboration Agreement itself. Remedies and penalties in relation thereto are also included in the Manufacturing Services Collaboration Agreement.
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NO DELIVERY. The Licensed Products are provided as a SaaS offering (Software as a Service). Droople shall therefore only grant to Customer a right to access and use the Licensed Products and shall not deliver any copy thereof, or any copy of the Content or any APIs.
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NO DELIVERY. The rights of indemnity contained in this paragraph 11 will not enure to the benefit of the Underwriters if the Corporation and Fund have complied with the provisions of Sections 4 and 5 and the person asserting any Claim contemplated by this paragraph 11 was not provided with a copy of any Prospectus or Prospectus Amendment which corrects any untrue statement or information, misrepresentation (for the purposes of Canadian Securities Laws or any of them) or omission which is the basis of such Claim and which is required under Canadian Securities Laws to be delivered to that person by the Underwriters or members of their banking or selling group (if any).
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NO DELIVERY. The Lessee has obtained all supporting materials, fixtures, devices and additional equipment of the tenant unit as per Appendix IV. The Lessor shall not perform delivery obligations of the tenant unit and not additionally provide borrowed supporting materials specified in Appendix IV. To: Property management department-logistics support center warehouse group No.: T-1011 From: Gaowei Century-Property Department Filling date: 12/11/2013 Tenant area: Uxxx 00, 00/X, Xxxxx X0 Xxxx: Perpetual lease company name: Puhui Wealth Investment Management (Beijing) Co., Ltd. Contact Tel: Property director: Feng Wei The following items shall be filled by the property director: Filled by the warehouse Signature of property director: Date: 13/11/2013 Signature of acceptance representative of tenant company: Signature of property department manager: Date: 13/11/2013 Date: Dec. 31, 2013 Recognition of property engineering department: Date: 14/11/2013 Original for property management department-logistics support center Copy for the property management department
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NO DELIVERY. Roxio acknowledges that, except as expressly provided in Sections 2.1, 2.2 and 2.6 above, Adaptec has no obligation to deliver to Roxio any materials or information, including without limitation any materials or technical information relating to Assigned Technology
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NO DELIVERY. Notwithstanding anything in this Agreement to the contrary, nothing in this Agreement shall be construed as requiring either Party to deliver to the other Party any Intellectual Property or any tangible embodiment thereof, whether in whole or part.
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Related to NO DELIVERY

  • Share Delivery Delivery of any shares in connection with settlement of the Award will be by book-entry credit to an account in the Grantee’s name established by the Company with the Company’s transfer agent, or upon written request from the Grantee (or his personal representative, beneficiary or estate, as the case may be), in certificates in the name of the Grantee (or his personal representative, beneficiary or estate).

  • Non Delivery C15.1 Where the Goods, having been placed in transit, fail to be delivered to the Authority on the due date for delivery, the Authority shall, (provided that the Authority has been advised in writing of the dispatch of the Goods), within ten (10) Working Days of the notified date of delivery, give notice to the Contractor that the Goods have not been delivered and may request the Contractor free of charge to deliver substitute Goods within the timescales specified by the Authority or terminate the Contract in accordance with clause C13.4 (Delivery).

  • PRICE/DELIVERY Price(s) bid must be the price(s) for new goods, unless otherwise specified. Any bids containing modifying or “escalator” clauses will not be considered unless specifically requested in the bid specifications.

  • Closing; Delivery The initial purchase and sale of the shares of Series Seed Preferred Stock hereunder shall take place remotely via the exchange of documents and signatures on the Agreement Date or the subsequent date on which one or more Purchasers execute counterpart signature pages to this Agreement and deliver the Purchase Price to the Company (which date is referred to herein as the “Initial Closing”). At any time and from time to time during the ninety (90) day period immediately following the Initial Closing (the “Additional Closing Period”), the Company may, at one or more additional closings (each an “Additional Closing” and together with the Initial Closing, each, a “Closing”), without obtaining the signature, consent or permission of any of the Purchasers in the Initial Closing or any prior Additional Closing, offer and sell to other investors (the “New Purchasers”), at a per share purchase price equal to the Purchase Price, up to that number of shares of Series Seed Preferred Stock that is equal to that number of shares of Series Seed Preferred Stock equal to the quotient of (x) Total Series Seed Investment Amount divided by (y) the Purchase Price, rounded up to the next whole share (the “Total Shares Authorized for Sale”) less the number of shares of Series Seed Preferred Stock actually issued and sold by the Company at the Initial Closing and any prior Additional Closings. New Purchasers may include persons or entities who are already Purchasers under this Agreement. The Company and each of the New Purchasers purchasing shares of Series Seed Preferred Stock at each Additional Closing will execute counterpart signature pages to this Agreement and each New Purchaser will, upon delivery by such New Purchaser and acceptance by the Company of such New Purchaser’s signature page and delivery of the Purchase Price by such New Purchaser to the Company, become a party to, and bound by, this Agreement to the same extent as if such New Purchaser had been a Purchaser at the Initial Closing and each such New Purchaser shall be deemed to be a Purchaser for all purposes under this Agreement as of the date of the applicable Additional Closing. Promptly following each Closing, if required by the Company’s governing documents, the Company shall deliver to each Purchaser participating in such Closing a certificate representing the shares of Series Seed Preferred Stock being purchased by such Purchaser at such Closing against payment of the Purchase Price therefor by check payable to the Company, by wire transfer to a bank account designated by the Company, by cancellation or conversion of indebtedness of the Company to Purchaser or by any combination of such methods.

  • Overnight Delivery When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account, notice is effective on delivery, if delivery is confirmed by the delivery service.

  • PRODUCT DELIVERY Delivery must be made as ordered to the address specified on the Purchase Order and in accordance with the terms of the Contract or Contract Award Notice. Unless otherwise specified in the Bid Documents, delivery shall be made within thirty calendar days after receipt of a Purchase Order by the Contractor. The decision of the Commissioner as to compliance with delivery terms shall be final. The burden of proof for delay in receipt of Purchase Order shall rest with the Contractor. In all instances of a potential or actual delay in delivery, the Contractor shall immediately notify the Commissioner and the Authorized User, and confirm in writing the explanation of the delay, and take appropriate action to avoid any subsequent late deliveries. Any extension of time for delivery must be requested in writing by the Contractor and approved in writing by the Authorized User. Failure to meet such delivery time schedule may be grounds for cancellation of the order or, in the Commissioner’s discretion, the Contract.

  • Late Delivery Supplier shall give DXC prompt notice of any prospective failure to ship Products or provide Services on the delivery date specified by DXC (the “Delivery Date”).

  • Telecopy Execution and Delivery A facsimile, telecopy or other reproduction of this Agreement may be executed by one or more parties hereto and delivered by such party by facsimile or any similar electronic transmission device pursuant to which the signature of or on behalf of such party can be seen. Such execution and delivery shall be considered valid, binding and effective for all purposes. At the request of any party hereto, all parties hereto agree to execute and deliver an original of this Agreement as well as any facsimile, telecopy or other reproduction hereof.

  • Subsequent Delivery of Legal Opinions If so requested by such Agent, each time that the Registration Statement or the Final Prospectus shall be amended or supplemented (other than by a Pricing Supplement or solely for the inclusion of additional financial information, and other than by an amendment or supplement which relates exclusively to an offering of securities other than the Notes) or there is filed with the SEC any document incorporated by reference into the Final Prospectus, or (if required pursuant to the terms of a Terms Agreement) the Company sells Notes to any Agent pursuant to a Terms Agreement, the Company shall furnish or cause to be furnished forthwith to such Agent and to counsel to such Agent a written opinion of the Senior Company Counsel of the Company, or other counsel satisfactory to such Agent, dated the date of filing with the SEC of such supplement or document, the date of effectiveness of such amendment, or the date of such sale, as the case may be, in form and substance satisfactory to such Agent, of the same tenor as the opinion referred to in Section 5(a)(1) of this Agreement, but modified, as necessary, to relate to the Registration Statement and the Final Prospectus, as amended and supplemented to the time of delivery of such opinion, and the applicable Disclosure Package (if such opinion is required by a Terms Agreement); or, in lieu of such opinion, counsel last furnishing such opinion to such Agent shall furnish each Agent with a letter to the effect that the Agents may rely on such last opinion to the same extent as though it was dated the date of such letter authorizing reliance (except that statements in such last opinion shall be deemed to relate to the Registration Statement and the Final Prospectus, as amended and supplemented to the time of delivery of such letter authorizing reliance, and such Disclosure Package).

  • Deemed Delivery Unless shown to have been received earlier, such notice, instruction or other instrument shall be deemed to have been delivered, in the case of personal delivery, at the time it is left at the premises of the party, in the case of a registered letter at the expiration of five (5) business days after posting and, in the case of fax or electronic means, immediately on dispatch; provided that, if any document is sent by fax or electronic means outside normal business hours, it shall be deemed to have been received at the next time after delivery when normal business hours commence. Evidence that the notice, instruction, or other instrument was properly addressed, stamped, and put into the post shall be conclusive evidence of posting. In proving the service of notice sent by fax or electronic means it shall be sufficient to prove that the fax or electronic communication was properly transmitted.

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