Ordering Delivery Sample Clauses

Ordering Delivery. INVOICING 4.1 Telaxis shall order the Products under this Agreement by placing a Purchase Order. The Purchase Order shall not be in conflict with the terms of this Agreement. The Purchase Order shall be either in writing or by facsimile. Each Purchase Order will state: 4. 1.1 the type and quantity of Products required 4.1.2 the shipping address 4.1.3 the purchase price of Products 4.1.4 a reference to this Agreement Telaxis shall place an initial Purchase Order under this Agreement in accordance with Schedule 1 within 30 days of execution of this Agreement. Delivery dates for Products will be determined in accordance with Article 8. 4.2 The Supplier shall accept and acknowledge in writing within 5 business days each Purchase Order placed in accordance with Section 4.1. 4.3 The terms of all purchases and Deliveries shall be FCA in accordance with Incoterms 1990.
Sample 1Sample 2
AutoNDA by SimpleDocs
Ordering Delivery. 5.1 Delivery of Products shall only be made against a written purchase order (“Order”) issued by Reseller to Hammer Technologies Inc.. All Orders are subject to acceptance by Hammer Technologies Inc. at its discretion. At a minimum, each Order shall specify the following items: (i) The complete list of the Products and Services covered by the Order, specifying the quantity and description of each; (ii) The price of each Product and any additional charges; and (iii) The name and billing address of the End Customer. 5.2 No Order, acknowledgment form, or other document or communication from either party shall vary or supplement the terms and conditions of this Agreement unless both parties expressly agree in writing. 5.3 All deliveries of the Products purchased pursuant to this Agreement will be made Ex Works Hammer Technologies Inc.’s facility in Billerica, Massachusetts USA (Incoterms 2000). In no event will Hammer Technologies Inc. be liable for any delays in delivery. 5.4 For each order of Services, other than standardized or packaged services, Hammer Technologies Inc. will prepare and agree with Reseller a Statement of Work. Hammer Technologies Inc. shall use commercially reasonable efforts to perform the Services pursuant to the timetables specified in the applicable Order, Quote or SOW.
Sample 1
Ordering Delivery. Customer may order FASTlab Cassette Products by either telephone at 0-000-000-0000 or via email at XxxxxxxXxxxxxXXX@xx.xxx. GE Healthcare will make commercially reasonable efforts to ship all orders on the same day when placed before the cutoff time of 3pm Central Standard Time. All delivery dates are quoted in good faith, but GE Healthcare reserves the right to alter them, notifying Customer as soon as reasonably practicable. Unless otherwise stated on the invoice, Customer is subject to a delivery fee for each order of FASTlab Cassette Products.
Sample 1
Ordering Delivery. Inspection and Return. RCS will place written orders (“order”) for the HemoSense Products, each of which shall be (i) sent to HemoSense at the address first written above (or such other address as HemoSense may designate), (ii) request a delivery date during this Agreement’s term. Notwithstanding anything to the contrary set forth in this Agreement, no order is binding until accepted by HemoSense, provided that orders will be assumed to have been accepted by HemoSense if HemoSense does not notify RCS within five (5) business days after receipt of an order of its rejection of that order. Orders will not be binding until the earlier of such acceptance or shipment, and, in the case of acceptance by shipment, only to the portion of the order actually shipped. HemoSense shall use good faith commercial efforts to process and ship all accepted orders in accordance with requested delivery dates; provided that in no case shall HemoSense have any obligation to with respect to requested delivery dates that follow, by less than 30 days, the date of HemoSense’ receipt of RCS’s order. Upon request by RCS, HemoSense will confirm order shipment to RCS by fax or email. RCS shall inspect the Products upon receipt and, unless RCS reports in writing to HemoSense any visible, external damages or defects within 5 business days of receipt thereof (including, with each such notice, a written description of RCA’s reasons for rejecting the Products and a request for a return-materials-authorization (“RMA”) number from HemoSense), such HemoSense Products will be deemed accepted and RCS shall have waived any remedies with respect to any such visible external damages. A damaged HemoSense Product properly rejected under this Section 6 will be promptly returned by RCS to HemoSense and will be replaced by HemoSense at no charge to RCS. HemoSense will ship Products with no less than [***] months shelf life remaining on those Products for the first [***] months of our agreement, but [***] months minimum for the remainder of the agreement, to fulfill the terms of this Agreement. Any Products purchased by RCS that remain unsold are the property of RCS. All Product orders are subject to this Agreement’s terms and conditions. Nothing contained in any *** Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission. order or like document that RCS submits to He...
Sample 1
Ordering Delivery. 5.1 Delivery of Products shall only be made against a written purchase order (“Order”) issued by Reseller to Empirix. All Orders are subject to acceptance by Empirix at its discretion. At a minimum, each Order shall specify the following items: (i) The complete list of the Products and Services covered by the Order, specifying the quantity and description of each; (ii) The price of each Product and any additional charges; and (iii) The name and billing address of the End Customer. 5.2 No Order, acknowledgment form, or other document or communication from either party shall vary or supplement the terms and conditions of this Agreement unless both parties expressly agree in writing. 5.3 All deliveries of the Products purchased pursuant to this Agreement will be made Ex Works Empirix’s facility in Billerica, Massachusetts USA (Incoterms 2000). In no event will Empirix be liable for any delays in delivery. 5.4 For each order of Services, other than standardized or packaged services, Empirix will prepare and agree with Reseller a Statement of Work. Empirix shall use commercially reasonable efforts to perform the Services pursuant to the timetables specified in the applicable Order, Quote or SOW.
Sample 1
Ordering Delivery. VIACELL will provide to MILTENYI, at least thirty(30) days prior to the beginning of each calendar quarter a twelve (12) month rolling forecast of VIACELL's requirements for cGMP Cell Separation Kits for Clinical Trials. The first six months contained in such twelve (12) month rolling forecast shall constitute a firm order of cGMP Cell Separation Kits ("Order") and VIACELL shall initiate purchase orders in accordance with the rolling forecast pursuant to this Section 3. 3.1. The Order shall be delivered during the month specified in the purchase order. These delivery terms assume [**]. The Parties agree to revise the timing of such deliveries, if appropriate, once the stability of the cGMP Cell Separation Kit has been determined. The minimum Order shall be for [**] Cell Separation Kits and the minimum shipment shall be [**] Cell Separation Kits.
Sample 1
Ordering Delivery. Following receipt of marketing approval of a VIACELL Product, VIACELL will provide to MILTENYI, at least thirty (30) days prior to the beginning of each calendar quarter a twelve (12) month rolling forecast of VIACELL's requirements for cGMP Cell Separation Kits for Commercial Supply. The first six months contained in such twelve (12) month rolling forecast shall constitute a firm order of cGMP Cell Separation Kits ("Commercial Supply Order") and VIACELL shall initiate purchase orders in accordance with the rolling forecast pursuant to this Section 3. 4.1. The Cell Separation Kits shall be delivered in the amount and during the month in which the appropriate purchase order specifies. These delivery terms assume [**]. The Parties agree to revise the timing of such deliveries, if appropriate, once the [**] has been determined. The minimum Commercial Supply Order shall be for [**] Cell Separation Kits and the minimum shipment shall be [**] Cell Separation Kits.
Sample 1
AutoNDA by SimpleDocs
Ordering Delivery 
Sample 1Sample 2Sample 3See All (10)

Related to Ordering Delivery

  • Closing; Delivery (a) The purchase and sale of the Series C-1 Preferred Stock by the Investors and the issuance of the Series C-2 Warrants shall take place at the offices of Xxxxxx, Xxxxxxxxxx & Xxxxxxxxx LLP, 000 Xxxxxx Xxxxxx, San Francisco, California 94105 at 10:00 a.m., on the date of this Agreement, or such other date, time or place as the Company and the Investors mutually agree upon, orally or in writing following satisfaction of the conditions in Section 4 (which time and place are designated as the “Closing”), upon the physical or electronic exchange among the parties and their counsel of all documents and deliverables required under this Agreement; provided, however, that if the Closing does not occur on or before November 17, 2011, this Agreement shall terminate in its entirety, provided further that in the event this Agreement terminates, the Prior Agreement shall be reinstated in its entirety and shall be in full force and effect. (b) At the Closing, the Company will deliver to each Investor purchasing Series C-1 Preferred Stock a certificate registered in such Investor’s name representing the number of Series C-1 Preferred Stock that such Investor is purchasing against payment of the purchase price therefor, by (a) delivery of a bank cashier’s check payable to the Company, (b) wire transfer to the Company in accordance with the Company’s written instructions, (c) cancellation of indebtedness owed by the Company to the Investor, or (d) any combination of the foregoing or any other consideration agreed upon by the Company. In the event that payment by an Investor is made, in whole or in part, by cancellation of indebtedness, then such Investor shall surrender to the Company for cancellation at the Closing any evidence of indebtedness or shall execute an instrument of cancellation in form and substance acceptable to the Company. The shares of Series C-1 Preferred Stock issued to the Investors pursuant to this Agreement shall be hereinafter referred to as the “Stock.” The Stock, the Series C-2 Warrants, the Warrant Stock, and the Common Stock issuable upon conversion of the Stock shall be hereinafter referred to as the “Securities.”

  • ORDERING AND DELIVERY An Order will be binding on both parties when signed by authorized representatives of Licensee. Each Order shall include the following information: (a) the Software licensed or to which Support and Maintenance shall apply, and (b) the applicable fees. No additional or different terms in any purchase order or similar document shall modify the terms of this Agreement. For purposes of this Agreement, initial delivery of the Software and Documentation will be deemed to have occurred upon MyECheck providing Licensee with a password to access a web page from which Licensee may download the Software and Documentation. The Software will be deemed accepted upon initial delivery, subject to the warranties in Section 9.

  • Project Delivery Contractor shall construct the Project in accordance with the Contract Documents, and Contractor shall deliver the Project completed in accordance with the Contract Documents, substantially free from defects, and within the Contract Time.

  • Project Delivery Order Procedures Status of TIPS Members as Related to This Agreement

  • Closing and Delivery The purchase price for the Purchased Units is payable by check or wire transfer payable to the Company or its designee in an amount equal to the applicable purchase price per unit multiplied by the number of Units being purchased by such Subscriber.

  • Closing Deliverables (a) At the Closing, the Company will deliver or cause to be delivered to OmniLit: (i) a certificate signed by an officer of the Company, dated as of the Closing Date, certifying that, to the knowledge and belief of such officer, the conditions specified in Section 9.2(a) and Section 9.2(b) have been fulfilled (the “Company Closing Certificate”); (ii) evidence reasonably satisfactory to the OmniLit that the requirements set forth in Section 3.4 have been fulfilled; (iii) the written resignations of all of the directors of the Company (other than any such Persons identified as initial directors of the Surviving Corporation, in accordance with Section 2.6), effective as of the Effective Time; (iv) a certificate of the secretary of the Company certifying the resolutions of the board of directors of the Company approving and authorizing the execution, delivery and performance of this Agreement and its Ancillary Agreements and the consummation of the transactions contemplated hereby and thereby (together with an incumbency and signature certificate regarding the officer(s) signing on behalf of the Company); (v) the Registration Rights Agreement, duly executed by the Major Company Stockholders who have elected to execute the Registration Rights Agreement; (vi) the Sponsor Support Agreement, duly executed by an officer of the Company; and (vii) a Certificate of Good Standing for the Company from the Secretary of State of the State of Delaware; (viii) a certificate on behalf of the Company, prepared in a manner consistent and in accordance with the requirements of Treasury Regulations Sections 1.897-2(g), (h) and 1.1445-2(c)(3), certifying that no interest in the Company is, or has been during the relevant period specified in Section 897(c)(1)(A)(ii) of the Code, a “United States real property interest” within the meaning of Section 897(c) of the Code, and a form of notice to the IRS prepared in accordance with the provisions of Treasury Regulations Section 1.897-2(h)(2). (b) At the Closing, OmniLit will deliver or cause to be delivered: (i) to the Exchange Agent, the number of shares of OmniLit Post-Merger Class A Common Stock equal to the portion of the Aggregate Merger Consideration to be paid to holders of Company Common Stock for further distribution to the Company’s stockholders pursuant to Section 3.2, provided, that, for the avoidance of doubt, such shares shall be delivered immediately following the effectiveness of the OmniLit Post-Merger Charter; (ii) to the Company, a certificate signed by an officer of OmniLit, dated the Closing Date, certifying that, to the knowledge and belief of such officer, the conditions specified in Section 9.3(a) and Section 9.3(b) have been fulfilled (the “OmniLit Closing Certificate”); (iii) to the Company, the Registration Rights Agreement, duly executed by duly authorized representatives of OmniLit and the Sponsor; (iv) the Sponsor Support Agreement, duly executed by the Sponsors (as defined therein) and an officer of OmniLit; and (v) to the Company, the written resignations of all of the directors and officers of OxxxXxx and Mxxxxx Sub (other than those Persons identified as the initial directors and officers, respectively, of OmniLit after the Effective Time, in accordance with the provisions of Section 2.6 and Section 7.6), effective as of the Effective Time. (c) On the Closing Date, concurrently with the Effective Time, OmniLit shall pay or cause to be paid by wire transfer of immediately available funds, without duplication, (i) (A) the OmniLit Transaction Expenses as set forth on OmniLit Transaction Expenses Certificate, and (B) any amounts outstanding under any Working Capital Loans, and (ii) the Company Transaction Expenses as set forth on Company Transaction Expenses Certificate; provided, that any Company Transaction Expenses due to current or former employees, independent contractors, officers, or directors of the Company or any of its Subsidiaries shall be paid to the Company for further payment to such employee, independent contractor, officer or director through the Company’s payroll.

  • Service Delivery Grantee shall: 1. Adhere to the Priority Populations for Treatment Programs as stated in the SUD UM Guidelines. 2. Maintain Daily Capacity Management Report in CMBHS as required in the SUD UM Guidelines. 3. Maintain a Waiting List to track all eligible individuals who have been screened but cannot be admitted to SUD treatment immediately. i. Grantee that has an individual identified as a federal and state priority population on the waiting list shall confirm this in the Daily Capacity Management Report. ii. Grantee shall arrange for appropriate services in another treatment facility or provide access to interim services as indicated within 48 hours when efforts to refer to other appropriate services are exhausted. iii. Grantee shall offer directly or through referral interim services to wait-listed individuals. iv. Establish a wait list that includes priority populations and interim services while awaiting admission to treatment services. v. Develop a mechanism to maintain contact with individuals awaiting admission. 4. If unable to provide admissions to individuals within Priority Populations for Treatment Programs according to SUD UM Guidelines: i. Implement written procedures that address maintaining weekly contact with individuals waiting for admissions as well as what referrals are made when a client cannot be admitted for services immediately. ii. When Grantee cannot admit a client, who is at risk for dangerous for withdrawal, Grantee shall ensure that an emergency medical care provider is notified. iii. Coordinate with an alternate provider for immediate admission. iv. Notify Substance Use Disorder (Xxxxxxxxx_Xxx_Xxxxxxxx@xxxx.xxxxx.xx.xx) so that assistance can be provided that ensures immediate admission to other appropriate services and proper coordination when appropriate. v. Provide pre-admission service coordination to reduce barriers to treatment, enhance motivation, stabilize life situations, and facilitate engagement in treatment. vi. Adhere to Informed Consent Document for Opioid Use Disorder applicable to the individual as stated in the SUD UM Guidelines. vii. When an individual is placed on the Wait List, Grantee shall document interim services as referrals that provides applicable testing, counseling, and treatment for Human Immunodeficiency Virus (HIV), tuberculosis (TB) and sexually transmitted infections (STIs).

  • Closing Deliveries (a) At the Closing, the Blackstone Entities shall deliver or cause to be delivered to the NBCU Entities: (i) duly executed counterparts of the Partners’ Agreement, substantially in the form attached hereto as Exhibit A; (ii) duly executed counterparts of the Loan Agreement, substantially in the forms attached hereto as Exhibits C-1; (iii) the certificates contemplated by Section 5.2(a)(iii); (iv) payment by wire transfer, to an account designated by NBC Universal in writing no less than three days prior to the Closing Date, of the Guarantee Fee; and (v) all other documents, instruments and writings required to be delivered by the Blackstone Entities pursuant to this Agreement and such other documents, instruments and writings as counsel for the Blackstone Entities and the NBCU Entities mutually agree to be reasonably necessary to consummate the transactions described herein. (b) At the Closing, the NBCU Entities shall deliver or cause to be delivered to the Blackstone Entities: (i) duly executed counterparts of the Partners’ Agreement, substantially in the forms attached hereto as Exhibit A; (ii) counterparts of the Loan Agreement, as duly executed by XX Xxxxxx, and the Guarantee Agreement, as duly executed by NBC Universal, substantially in the forms attached hereto as Exhibits C-1 and C-2; (iii) the certificates contemplated by Section 5.3(a)(iii); (iv) payment by wire transfer, to (A) accounts designated by and (B) in the proportion designated by, the Blackstone Entities in writing no less than three days prior to the Closing Date, of the Fee Loan; and (v) all other documents, instruments and writings required to be delivered by the NBCU Entities pursuant to this Agreement and such other documents, instruments and writings as counsel for the Blackstone Entities and the NBCU Entities mutually agree to be reasonably necessary to consummate the transactions described herein.

  • Delivery of Notice A notice to a party shall be deemed to have been delivered and received upon the earliest of the following to occur: (1) the actual receipt of the written notice by a party; (2) in the case of delivery by a Delivery Service, when the written notice is delivered to an address of a party set forth herein (or subsequently provided by the party following the notice provisions herein), provided that a record of the delivery is created; (3) in the case of delivery electronically, on the date and time the written notice is electronically sent to an e-mail address or facsimile number of a party herein (or subsequently provided by the party following the notice provisions herein). Notice to a party shall not be effective unless the written notice is sent to an address, facsimile number or e-mail address of the party set forth herein (or subsequently provided by the party following the notice provisions herein).

  • 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).

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!