Option to Purchase Additional Equipment Sample Clauses

Option to Purchase Additional Equipment. (a) Seller grants to Buyer options to purchase additional Units of Equipment specified in Exhibit F (the "Option Equipment") under the following terms and conditions: (i) Buyer may exercise the options in whole or in part from time to time on or before the dates specified in Exhibit F by delivering to Seller written notice specifying the number of units for which the option is being exercised and the required delivery date of the Option Equipment ordered. Seller shall immediately confirm its acceptance of the Option Equipment order and commit to using its best efforts to manufacture and deliver such units in accordance with the Option Equipment order. In the event the Seller cannot accept the Option Equipment order for whatever reason, the Buyer shall have the right to rigidly enforce the delivery time requirement in Exhibit A of this agreement AND eliminate any grace period allowed for such delivery time from any subsequent penalty calculations. (ii) The Unit Price of the Option Equipment is specified in Exhibit F (the "Option Unit Price") and the aggregate price of any option exercised by Buyer shall be computed by multiplying the number of Units on which the option has been exercised by the Option Unit Price (in the aggregate for any option, the "Option Contract Price"). (iii) The Option Equipment shall be delivered by Seller to Buyer on the dates specified in Exhibit F, as such dates maybe adjusted as provided in ARTICLE 2 and ARTICLE 3 (the "Option Delivery Schedule"). (b) In the event that Buyer shall exercise one or more options as provided in ARTICLE 14(a), all of the terms and conditions of this Contract shall apply with respect to the Option Equipment except as modified by this ARTICLE 14 and except that where the term "Equipment" is used it shall refer to the "Option Equipment", where the term "Delivery Schedule" is used, it shall refer to the "Option Delivery Schedule"; where the term "Unit Price" is used, it shall refer to the "Option Unit Price"; and where the term "Contract Price" is used, it shall refer to the "Option Contract Price". Any changes in the Specification for the Option Equipment shall be set forth in a Contract Change issued under ARTICLE 2 executed by "Buyer's Authorized Representative" specified in ARTICLE 15 below.
Sample 1
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Option to Purchase Additional Equipment. TTPL agrees to consign the equipment ("TTPL Consigned Equipment") identified below to ESPL for a period of twenty (20) calendar days after Closing ("Evaluation Period") to enable ESPL to evaluate whether or not ESPL desires to purchase the TTPL Consigned Equipment from TTPL for use in its continuation of the TTPL Business. If ESPL desires to purchase the TTPL Consigned Equipment during the Evaluation Period, ESPL shall deliver a written exercise notice to TTPL of its decision to purchase the TTPL Consigned Equipment and shall contemporaneously arrange for EEMS to wire transfer US funds in the amount of the price stated below (the "Exercise Price") to the account described in Section 3. 1. If ESPL elects not to exercise this option during the Evaluation Period, ESPL will ship the TTPL Consigned Equipment to a destination as directed by TTPL, with the cost and risk of transportation to be the responsibility of TTPL.
Sample 1
Option to Purchase Additional Equipment. In the event the Venture is terminated for any reason, Simplot shall have the option, exercisable by written notice by Simplot to Xxxxxxx at any time on or prior to the effective date of such termination, to purchase the equipment of the Venture at a mutually agreed upon price, or if the parties cannot agree, at a price equal to the then current book value, net of accumulated depreciation. In the event Simplot shall not exercise its option to purchase the equipment of the Venture pursuant to this clause (c), then Xxxxxxx shall have the option, exercisable by written notice by Xxxxxxx to Simplot within 30 days following the effective date of termination, to purchase the equipment of the Venture at a mutually agreed upon price, or if the parties cannot agree, at a price equal to the then current book value, net of accumulated depreciation.
Sample 1

Related to Option to Purchase Additional Equipment

  • Additional Equipment Additional Equipment may from time to time be added as the subject matter of this Agreement as agreed on by the parties. Any additional property will be added in an amendment describing the property, the monthly rental, security deposit, and stipulated loss value of the additional Equipment. All amendments must be in writing and signed by both parties. Other than by this amendment procedure, this Agreement may not be amended, modified, or altered in any manner except in writing signed by both parties.

  • Purchase of Equipment For any equipment purchased in whole or in part with Grant Funds, if Grantor determines that Grantee has not met the conditions of 2 CFR 200.439, the costs for such equipment will be disallowed. Grantor must notify Grantee in writing that the purchase of equipment is disallowed.

  • Agreement to Purchase Purchase Price Buyer acknowledges that it was the successful bidder for the Property at the Foreclosure Sale with a successful bid for the Property at the Foreclosure Sale in the amount of [ ] ($ ) (the “Purchase Price”), and agrees to purchase all of the interest in the Property from Seller in accordance with and in reliance upon the terms and conditions of this Agreement.

  • Election to Purchase (To Be Executed Upon Exercise of Warrant)

  • Option to Purchase Subject to Section 3.5, the Receiver hereby grants to the Assuming Institution an exclusive option for the period of ninety (90) days commencing the day after Bank Closing to purchase any or all owned Bank Premises, including all Furniture, Fixtures and Equipment located on the Bank Premises. The Assuming Institution shall give written notice to the Receiver within the option period of its election to purchase or not to purchase any of the owned Bank Premises. Any purchase of such premises shall be effective as of the date of Bank Closing and such purchase shall be consummated as soon as practicable thereafter, and in no event later than the Settlement Date. If the Assuming Institution gives notice of its election not to purchase one or more of the owned Bank Premises within seven (7) days of Bank Closing, then, not withstanding any other provision of this Agreement to the contrary, the Assuming Institution shall not be liable for any of the costs or fees associated with appraisals for such Bank Premises and associated Fixtures, Furniture and Equipment.

  • Distribution of Rights to Purchase Additional ADSs Upon the timely receipt by the Depositary of a notice indicating that the Company wishes rights to subscribe for additional Shares to be made available to Holders of ADSs, the Depositary upon consultation with the Company, shall determine, whether it is lawful and reasonably practicable to make such rights available to the Holders. The Depositary shall make such rights available to any Holders only if (i) the Company shall have timely requested that such rights be made available to Holders, (ii) the Depositary shall have received satisfactory documentation within the terms of Section 5.7 of the Deposit Agreement, and (iii) the Depositary shall have determined that such distribution of rights is reasonably practicable. If such conditions are not satisfied or if the Company requests that the rights not be made available to Holders of ADSs, the Depositary shall sell the rights as described below. In the event all conditions set forth above are satisfied, the Depositary shall establish the ADS Record Date (upon the terms described in Section 4.9 of the Deposit Agreement) and establish procedures to (x) distribute rights to purchase additional ADSs (by means of warrants or otherwise), (y) enable the Holders to exercise such rights (upon payment of the subscription price and of the applicable (a) fees and charges of, and expenses incurred by, the Depositary and (b) taxes), and (z) deliver ADSs upon the valid exercise of such rights. Nothing herein or in the Deposit Agreement shall obligate the Depositary to make available to the Holders a method to exercise rights to subscribe for Shares (rather than ADSs). If (i) the Company does not timely request the Depositary to make the rights available to Holders or requests that the rights not be made available to Holders, (ii) the Depositary fails to receive satisfactory documentation within the terms of Section 5.7 of the Deposit Agreement or determines it is not reasonably practicable to make the rights available to Holders, or (iii) any rights made available are not exercised and appear to be about to lapse, the Depositary shall determine whether it is lawful and reasonably practicable to sell such rights, in a riskless principal capacity, at such place and upon such terms (including public and private sale) as it may deem practicable. The Depositary shall, upon such sale, convert and distribute proceeds of such sale (net of applicable (a) fees and charges of, and expenses incurred by, the Depositary and (b) taxes) upon the terms hereof and of Section 4.1

  • Option to Build If the dates designated by Developer are not acceptable to Connecting Transmission Owner, the Connecting Transmission Owner shall so notify the Developer and NYISO within thirty (30) Calendar Days, and unless the Developer and Connecting Transmission Owner agree otherwise, Developer shall have the option to assume responsibility for the design, procurement and construction of Connecting Transmission Owner’s Attachment Facilities and Stand Alone System Upgrade Facilities on the dates specified in Article 5.1.2; provided that if an Attachment Facility or Stand Alone System Upgrade Facility is needed for more than one Developer’s project, Developer’s option to build such Facility shall be contingent on the agreement of all other affected Developers. NYISO, Connecting Transmission Owner and Developer must agree as to what constitutes Stand Alone System Upgrade Facilities and identify such Stand Alone System Upgrade Facilities in Appendix A hereto. Except for Stand Alone System Upgrade Facilities, Developer shall have no right to construct System Upgrade Facilities under this option.

  • Rental Equipment 7.1 We will at all times own all Rental Equipment supplied to you. You will not let, sell, charge, assign, sub-license or allow a third party to use the Rental Equipment nor remove any labels, and shall not prejudice our rights in the Rental Equipment in any way. We may replace the Rental Equipment from time to time either with your prior consent or provided that the replacement Rental Equipment is of a specification that is at least equal to the Rental Equipment originally supplied and such change does not materially disrupt the provision of the Services. 7.2 Subject to the other terms of this paragraph 7, we (or our authorised representative) shall, during our usual working hours: 7.2.1 where necessary install the Rental Equipment at your premises at a time and date agreed with you; and 7.2.2 use our reasonable endeavours to repair any faults to the Rental Equipment in accordance with our standard procedures (which are available on request). 7.3 It is your responsibility to look after the Rental Equipment that is in your possession or custody and you agree to pay for the Rental Equipment to be replaced or repaired if it is lost, stolen or damaged. 7.4 You will notify us promptly of any faults which occur, any repairs which become necessary, and of any loss, theft or damage to the Rental Equipment. 7.5 You agree that you will only use the Rental Equipment in conjunction with the relevant Services and shall comply with our reasonable instructions in relation to its use. 7.6 You shall be responsible for maintaining adequate cover in place to insure the Rental Equipment while it remains in your possession and custody. You will also be responsible for obtaining and, where appropriate, paying for all necessary licenses, consents and approvals required for the installation and use of the Rental Equipment. 7.7 You will not (and you will ensure that no-one else will) repair, alter, modify or maintain, or make any additions or attachments to, or otherwise alter, the Rental Equipment without our prior written consent. We will not be liable for any costs or charges incurred, faults caused by, or repairs required as a result of, installation or programming of Rental Equipment that is carried out by any other person (other than our employees or agents). You agree to indemnify us for all losses, damages and expenses that are brought against or incurred by us, arising as a result of the same. 7.8 On expiry or termination of the Agreement or the relevant Service, all Rental Equipment must be returned to us in reasonable condition, subject to reasonable wear and tear. If you fail to return or make available for collection the Rental Equipment in a reasonable condition or at all we may, at our option, invoice you for a sum equal to the original cost of the Rental Equipment less any depreciation together with any costs reasonably incurred by us. 7.9 In the event that you return Rental Equipment to us and it is not received by us, in the absence of reasonable evidence that the Rental Equipment has been delivered to us you accept that you shall remain liable for the Rental Equipment.

  • Basic Equipment Warranty The Contractor warrants that all equipment rented or supplied under this Agreement shall be in good working order and shall conform to the needs specified by the Judicial Council. The Contractor shall immediately replace any inoperative equipment with operative equipment, or make all adjustments, repairs, and parts replacements required to maintain the equipment rented or supplied hereunder in working condition.

  • Decision to Purchase The Assignee represents and warrants that it is a sophisticated investor able to evaluate the risks and merits of the transactions contemplated hereby, and that it has not relied in connection therewith upon any statements or representations of the Assignor or the Servicer other than those contained in the Servicing Agreement or this Assignment Agreement.

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