Order Procedures. Orders for purchase and redemption will be executed at the net asset value next computed after receipt by the Trust or its designee of such order. For purposes of this Section 2.13, the Company shall be the designee of the Trust for receipt of purchase and redemption orders from the Account and receipt by such designee shall constitute receipt by the Trust; provided that the Company complies with all applicable DTCC rules and procedures. The Company shall communicate to the Trust, by Fund/SERV, the purchase orders and redemption orders for each Account received by 4:00 p.m. Eastern time on Day 1 by no later than the NSCC's Defined Contribution Clearance & Settlement ("DCC&S") Cycle 8 on the following Business Day ("Day 2"). For the avoidance of doubt, orders received in proper form by the Company after the close of trading (currently 4:00 p.m. Eastern Time or such earlier time at which the applicable Portfolio closes) on any given Business Day shall be treated as if received on the next following Business Day.
Order Procedures. (a) Each time Newpark desires to place an order for Products, Newpark shall deliver to Manufacturer a purchase order (the "Purchase Order") which shall designate:
(i) The items, quantities, delivery dates (based on reasonable lead times), shipping instructions and product specifications for the Products subject to the Purchase Order;
(ii) The unit price at which Newpark is able to obtain the Products from a third party manufacturer (which shall be the unit price at which Manufacturer will be required to sell the applicable Products to Newpark if Manufacturer accepts the Purchase Order); and
(iii) The applicable product warranties, which shall be equivalent to the product warranties offered to Newpark by a third party manufacturer. Within five business days of its receipt of a Purchase Order, Manufacturer shall notify Newpark in writing whether it accepts or rejects the Purchase Order. Manufacturer shall be under no obligation to accept any particular Purchase Order. The terms and conditions applicable to each Purchase Order shall be as set forth in the original Purchase Order submitted by Newpark and as otherwise agreed upon by Newpark and Manufacturer at the time of acceptance of each Purchase Order. Any such additional terms and conditions shall be deemed to be incorporated in and to be a part of the applicable Purchase Order.
(b) If Manufacturer accepts a Purchase Order, Manufacturer shall manufacture, sell and deliver the Products subject thereto in accordance with the terms and conditions of the Purchase Order, including, without limitation, the provisions thereof relating to purchase price, payment terms and delivery dates. Manufacturer may contract with any other person (a "Subcontractor") for the manufacture of the Products subject to a Purchase Order provided that the Subcontractor meets all standards and fulfills all obligations imposed on Manufacturer with respect to the manufacture of such Products, whether pursuant to this Agreement or the applicable Purchase Order. If Manufacturer utilizes the services of a Subcontractor, Manufacturer shall be responsible for overseeing the operations of the Subcontractor and for the compliance by the Subcontractor with all applicable requirements of the Purchase Order and this Agreement.
(c) If Manufacturer rejects a Purchase Order, or if Manufacturer fails to accept the Purchase Order in writing within five days of its receipt thereof, or if Manufacturer otherwise is unable or unwilling to fill the Purchase...
Order Procedures. (a) Schedule 5.1(a) sets forth the procedure agreed to by the Parties for the purchases to be made under this Agreement.
(b) In the event of any inconsistency between the terms and conditions contained in this Agreement and the terms and conditions of any Order Document or other written agreement executed by the Parties, the terms of this Agreement shall prevail unless such Order Document or other written agreement expressly purports to modify such terms.
(c) Except as otherwise provided for in Sections 2.4 and 4.3 - 4.5, only an Order Document duly executed by Mirror and accepted by Supplier as provided in this Article V shall constitute a firm commitment or obligation to purchase on the part of Mirror and a firm commitment to supply or provide the subject Equipment or Services on the part of Supplier.
Order Procedures. Nucentrix shall comply with the procedures set forth in Exhibit B attached hereto, as the same may be amended by Pegasus from time to time upon written notice, regarding the receipt and delivery of orders for the DIRECTV programming services distributed by Pegasus.
Order Procedures. (a) Annex 5.1(a) sets forth the procedure agreed to by the Parties for the purchases to be made under this Agreement.
(b) In the event of any inconsistency between the terms and conditions contained in this Agreement and the terms and conditions of any Order Document or other written agreement executed by the Parties, the terms of this Agreement shall prevail unless such Order Document or other written agreement expressly purports to modify such terms.
(c) Except as otherwise provided for in Section 2.4, only an Order Document duly executed by Megatel and accepted by Supplier as provided in this Article V shall constitute a firm commitment to purchase on the part of Megatel and a firm commitment to supply or provide the subject Equipment or Services on the part of Supplier.
Order Procedures. 3.1 All purchase orders shall be sent in writing and shall be fulfilled with the correct wording to enable the correct understanding of the product needed and the service required. Any verbal order or order communicated by phone will be rejected.
Order Procedures. Orders received from you will be accepted only ---------------- at the public offering price applicable to each order, as described in the current Fund prospectus at the time of the acceptance of the order. Procedures relating to the handling of orders will be subject to instructions which we shall forward from time to time to you. All orders are subject to acceptance or rejection by the Corporation in its sole discretion. No conditional order will be accepted on any basis other than a definite price. You and we understand and agree that you are acting as agent of the Corporation and the Funds under this Agreement and you are in no way responsible for the manner of our performance or for any of our acts or omissions in connection therewith. You agree to place orders received from your customers as soon as practicable after your receipt of such orders. You further agree that you will not withhold placement of orders in order to profit from such withholding; e.g., by a change in the net asset value from that used in determining the public offering price to your customers.
Order Procedures. The Distributor shall order Products by written notice to the Supplier. The Distributor understands that all orders submitted are subject to acceptance by the Company at its offices in Jacksonville, Florida and to the terms of this Agreement. Each order shall specify the number of cases/pallets to be shipped, type of units to be shipped (as identified by Supplier’s item code and description). Supplier shall indicate its acceptance of such purchase order by returning a signed copy and/or email response to Distributor. Supplier agrees to ship units to Distributor according to the delivery schedule set forth in each order as accepted by Supplier, unless Supplier otherwise indicates in writing. The Distributor will not ship Products to other territories outside of its Territory except with written approval of the Supplier. The Company will refer to Distributor any and all orders or inquiries for the Products that it may receive from within the Distributor’s Territory, or any orders which are intended for eventual shipment to the Territory. The Distributor agrees that the Company may release its name and telephone number in response to a customer's request for a Distributor in its territory.
Order Procedures. Orders under the Framework Agreement
Order Procedures. End User shall issue Orders to Ruckus which shall include (i) the Product types by model number and part number, quantities, prices, delivery locations, requested shipment dates, and all Services by type, quantity and price. No Order shall be binding on Ruckus until accepted by Ruckus. Upon acceptance by Ruckus, End User shall be bound to remit the Fees for Products therein subject to the terms of this Agreement. Ruckus shall make reasonable efforts to meet any requested shipment dates in accordance with its policies; however Ruckus shall not have any liability for failure to meet any delivery date or product availability.