Common use of Orders and Order Procedure Clause in Contracts

Orders and Order Procedure. 2.1 Axtel may acquire Products or Services by: (i) issuing a written purchase order, signed by an authorized representative, or (ii) if Axtel is enrolled in any then current Airspan electronic commerce program, by submitting electronic orders (collectively, "Orders"). 2.2 All Orders shall reference this Agreement and shall comply with the Order Procedure attached as Annex E hereto. Orders are totally binding and non-cancelable, unless is otherwise set forth in this Agreement. 2.3.1 All Orders will be governed by and cannot alter the terms and conditions of this Agreement. In order to be valid, all Orders must be accepted by Airspan through a written or electronic communication. Airspan shall accept such Order within the next ten (10) business days after delivery thereof, if such Order is in compliance with this Agreement (prices and descriptions) and no additional terms and conditions have been imposed and provided further Airspan has not exercised its rights of termination under section 16 of this Agreement. 2.3.2 Axtel will be required to issue Orders to Airspan for delivery of Products in accordance with Annex J no sooner than 20 weeks prior to the delivery date of the Products ordered, Airspan may, however, in its sole discretion, agree to accept an Order in accordance with this Agreement if it is issued by Axtel later than such date. 2.3.3 Furthermore Airspan will have the right, at its option, either to cancel an Order or to postpone delivery of Products until the first payment is received, without any responsibility to the Parties, only if Airspan has not received from Axtel the first payment mentioned in Section 5.3 below, at least sixteen (16) weeks prior to the scheduled delivery date of the Products ordered under such Order and if Airspan elects to postpone the delivery, the 16-week interval may be recalculated by Airspan from the date it receives the downpayment. 2.3.4 For the avoidance of doubt, the Parties agree that Airspan shall not be obligated to start performing under any Order until Axtel complies with the provisions of this Section 2.3. In the event Airspan does not accept an Order in accordance with this Section 2.3, it shall promptly return to Axtel any payments made by Axtel with respect to such order, if any. 2.4 The implementation schedule, responsibility matrix and any other items which may be necessary for the performance of Airspan' obligations hereunder shall be mutually agreed upon between the Parties and included as exhibits to the Order. Such exhibits shall be deemed incorporated into this Agreement by this reference.

Orders and Order Procedure. 2.1 Axtel may acquire Products or Services by: (i) issuing a written purchase order, signed by an authorized representative, or (ii) if Axtel is enrolled in any then current Airspan electronic commerce program, by submitting electronic orders (collectively, "“Orders"”). 2.2 All Orders shall reference this Agreement and shall comply with the Order Procedure attached as Annex E hereto. Orders are totally binding and non-cancelable, unless is otherwise set forth in this Agreement. 2.3.1 All Orders will be governed by and cannot alter the terms and conditions of this Agreement. In order to be valid, all Orders must be accepted by Airspan through a written or electronic communication. Airspan shall accept such Order within the next ten (10) business days after delivery thereof, if such Order is in compliance with this Agreement (prices and descriptions) and no additional terms and conditions have been imposed and provided further Airspan has not exercised its rights of termination under section 16 of this Agreement. 2.3.2 Axtel will be required to issue Orders to Airspan for delivery of Products in accordance with Annex J no sooner than 20 weeks prior to the delivery date of the Products ordered, Airspan may, however, in its sole discretion, agree to accept an Order in accordance with this Agreement if it is issued by Axtel later than such date. 2.3.3 Furthermore Airspan will have the right, at its option, either to cancel an Order or to postpone delivery of Products until the first payment is received, without any responsibility to the Parties, only if Airspan has not received from Axtel the first payment mentioned in Section 5.3 below, at least sixteen (16) weeks prior to the scheduled delivery date of the Products ordered under such Order and if Airspan elects to postpone the delivery, the 16-week interval may be recalculated by Airspan from the date it receives the downpayment. 2.3.4 For the avoidance of doubt, the Parties agree that Airspan shall not be obligated to start performing under any Order until Axtel complies with the provisions of this Section 2.3. In the event Airspan does not accept an Order in accordance with this Section 2.3, it shall promptly return to Axtel any payments made by Axtel with respect to such order, if any. 2.4 The implementation schedule, responsibility matrix and any other items which may be necessary for the performance of Airspan' ’ obligations hereunder shall be mutually agreed upon between the Parties and included as exhibits to the Order. Such exhibits shall be deemed incorporated into this Agreement by this reference. 2.5 Intentionally Left in Blank. 2.6 The prices set forth in Annex F and reflected in each Order are based on anticipated delivery and performance schedules and specifications incorporated in such Order. 2.7 Any changes to this Agreement or an Order initiated by Axtel or Airspan after the Effective Date resulting in adjustments to process, job schedule, contract price or other requirements thereof may be cause for adjustment by Airspan to the prices and to the relevant delivery and performance schedules set forth therein. Any such adjustment shall be detailed in a change order, a form of which is attached hereto as Annex B (“Change Order”). If the Change Order affects any Products for which Airspan has commenced manufacturing or has shipped or any Services for which Airspan has commenced performance, the adjustment of the price shall include reasonable, documented charges incurred by Airspan related thereto. No such changes shall be performed until a Change Order has been executed by authorized representatives of the Parties. 2.7.1 A Change Order may be used to increase the amount of Products and/or Services ordered or to change the delivery schedule of the Products ordered thereunder, taking in consideration the following: (i) The delivery of [*] of the relevant Products ordered shall not be rescheduled for more than [*] month. (ii) The delivery of the [*] of the relevant Products ordered shall not be rescheduled for more than [*] months. (iii) The delivery of the remaining [*] of the relevant Products ordered shall not be rescheduled for more than [*] months. 2.8 By enrolling in any Airspan’ electronic commerce program, Axtel agrees to comply with the terms of such program. Axtel agrees that all electronic Orders issued are equivalent to a written Order, are governed by the terms and conditions of this Agreement and that in the event of any conflict between this Agreement and the information contained in Axtel’s or Airspan’ electronic commerce website, this Agreement governs. Axtel is responsible for the use and protection of all electronic commerce passcodes provided by Airspan and agrees that all Orders submitted using such passcodes are valid and binding Orders authorized by Axtel. Airspan shall have no liability to Axtel due to Axtel’s failure to access Axtel’s or Airspan’s electronic commerce website or errors or failures relating to its operation.

Orders and Order Procedure. 2.1 Axtel may acquire Products or Services by: (i) issuing a written purchase order, signed by an authorized representative, or (ii) if Axtel is enrolled in any then current Airspan electronic commerce program, by submitting electronic orders (collectively, "Orders"). 2.2 All Orders shall reference this Agreement and shall comply with the Order Procedure attached as Annex E hereto. Orders are totally binding and non-cancelable, unless is otherwise set forth in this Agreement. 2.3.1 All Orders will be governed by and cannot alter the terms and conditions of this Agreement. In order to be valid, all Orders must be accepted by Airspan through a written or electronic communication. Airspan shall accept such Order within the next ten (10) business days after delivery thereof, if such Order is in compliance with this Agreement (prices and descriptions) and no additional terms and conditions have been imposed and provided further Airspan has not exercised its rights of termination under section 16 of this Agreement. 2.3.2 Axtel will be required to issue Orders to Airspan for delivery of Products in accordance with Annex J no sooner than 20 [ * ] weeks prior to the delivery date of the Products ordered, Airspan may, however, in its sole discretion, agree to accept an Order in accordance with this Agreement if it is issued by Axtel later than such date. 2.3.3 Furthermore Airspan will have the right, at its option, either to cancel an Order or to postpone delivery of Products until the first payment is received, without any responsibility to the Parties, only if Airspan has not received from Axtel the first payment mentioned in Section 5.3 below, at least sixteen (16) weeks prior to the scheduled delivery date of the Products ordered under such Order and if Airspan elects to postpone the delivery, the 16-week interval may be recalculated by Airspan from the date it receives the downpayment. 2.3.4 For the avoidance of doubt, the Parties agree that Airspan shall not be obligated to start performing under any Order until Axtel complies with the provisions of this Section 2.3. In the event Airspan does not accept an Order in accordance with this Section 2.3, it shall promptly return to Axtel any payments made by Axtel with respect to such order, if any. 2.4 The implementation schedule, responsibility matrix and any other items which may be necessary for the performance of Airspan' obligations hereunder shall be mutually agreed upon between the Parties and included as exhibits to the Order. Such exhibits shall be deemed incorporated into this Agreement by this reference.

Orders and Order Procedure. 2.1 Axtel may acquire Products or Services by: (i) issuing a written purchase order, signed by an authorized representative, or (ii) if Axtel is enrolled in any then current Airspan electronic commerce program, by submitting electronic orders (collectively, "“Orders"”). 2.2 All Orders shall reference this Agreement and shall comply with the Order Procedure attached as Annex E hereto. Orders are totally binding and non-cancelable, unless is otherwise set forth in this Agreement. 2.3.1 All Orders will be governed by and cannot alter the terms and conditions of this Agreement. In order to be valid, all Orders must be accepted by Airspan through a written or electronic communication. Airspan shall accept such Order within the next ten (10) business days after delivery thereof, if such Order is in compliance with this Agreement (prices and descriptions) and no additional terms and conditions have been imposed and provided further Airspan has not exercised its rights of termination under section 16 of this Agreement. 2.3.2 Axtel will be required to issue Orders to Airspan for delivery of Products in accordance with Annex J no sooner than 20 weeks prior to the delivery date of the Products ordered, Airspan may, however, in its sole discretion, agree to accept an Order in accordance with this Agreement if it is issued by Axtel later than such date. 2.3.3 Furthermore Airspan will have the right, at its option, either to cancel an Order or to postpone delivery of Products until the first payment is received, without any responsibility to the Parties, only if Airspan has not received from Axtel the first payment mentioned in Section 5.3 below, at least sixteen (16) weeks prior to the scheduled delivery date of the Products ordered under such Order and if Airspan elects to postpone the delivery, the 16-week interval may be recalculated by Airspan from the date it receives the downpayment. 2.3.4 For the avoidance of doubt, the Parties agree that Airspan shall not be obligated to start performing under any Order until Axtel complies with the provisions of this Section 2.3. In the event Airspan does not accept an Order in accordance with this Section 2.3, it shall promptly return to Axtel any payments made by Axtel with respect to such order, if any. 2.4 The implementation schedule, responsibility matrix and any other items which may be necessary for the performance of Airspan' ’ obligations hereunder shall be mutually agreed upon between the Parties and included as exhibits to the Order. Such exhibits shall be deemed incorporated into this Agreement by this reference. Purchase and License Agreement for FWA Equipment 2.5 Intentionally Left in Blank. 2.6 The prices set forth in Annex F and reflected in each Order are based on anticipated delivery and performance schedules and specifications incorporated in such Order. 2.7 Any changes to this Agreement or an Order initiated by Axtel or Airspan after the Effective Date resulting in adjustments to process, job schedule, contract price or other requirements thereof may be cause for adjustment by Airspan to the prices and to the relevant delivery and performance schedules set forth therein. Any such adjustment shall be detailed in a change order, a form of which is attached hereto as Annex B (“Change Order”). If the Change Order affects any Products for which Airspan has commenced manufacturing or has shipped or any Services for which Airspan has commenced performance, the adjustment of the price shall include reasonable, documented charges incurred by Airspan related thereto. No such changes shall be performed until a Change Order has been executed by authorized representatives of the Parties. 2.7.1 A Change Order may be used to increase the amount of Products and/or Services ordered or to change the delivery schedule of the Products ordered thereunder, taking in consideration the following: (i) The delivery of [*] of the relevant Products ordered shall not be rescheduled for more than [*] month. (ii) The delivery of the [*] of the relevant Products ordered shall not be rescheduled for more than [*] months. (iii) The delivery of the remaining [*] of the relevant Products ordered shall not be rescheduled for more than [*] months. 2.8 By enrolling in any Airspan’ electronic commerce program, Axtel agrees to comply with the terms of such program. Axtel agrees that all electronic Orders issued are equivalent to a written Order, are governed by the terms and conditions of this Agreement and that in the event of any conflict between this Agreement and the information contained in Axtel’s or Airspan’ electronic commerce website, this Agreement governs. Axtel is responsible for the use and protection of all electronic commerce passcodes provided by Airspan and agrees that all Orders submitted using such passcodes are valid and binding Orders authorized by Axtel. Airspan shall have no liability to Axtel due to Axtel’s failure to access Axtel’s or Airspan’s electronic commerce website or errors or failures relating to its operation.