Payment and Acceptance Sample Clauses

Payment and Acceptance. Any payment issued before Final Acceptance does not constitute as evidence of Corporation’s acceptance of any work performed or act as a waiver of Corporation’s rights to make future claims for improper or incorrect invoiced amounts from Contractor.
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Payment and Acceptance. No payment, final or otherwise, nor partial or entire use, occupancy, or acceptances of the Work by the City shall be an acceptance of any work or material not in accordance with the Contract, nor shall the same relieve the Contractor of any responsibility for any faulty material or workmanship or operate to release the Contractor or its surety from any obligation under the Contract or the Performance Bond or the Labor and Material Payment Bond.
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Payment and Acceptance. Company shall pay Jabil all amounts when due, including all Non-Recurring Engineering Costs (“NRE Costs”), that Jabil may incur in the performance of the Manufacturing Services. Company shall pay Jabil all invoiced amounts within [***] from the date of Jabil’s invoice therefor. Payment to Jabil shall be in U.S. dollars and in immediately available funds. In the event any amounts are invoiced or paid in a different currency, the process in Schedule 3 “Currency Policy” will apply. In the event of cancellation, expiration or termination of this Letter Agreement for any reason, Company shall remain liable for all fees, costs of material and expenses incurred by Jabil as set forth herein up to and including the date of such cancellation, expiration or termination. Company will be deemed to have accepted any Product (as defined in Section 4 below) prepared as part of the Manufacturing Services unless, within ten (10) days following Jabil’s delivery of such Product, Company provides a detailed written notice, as referenced in Section 15 herein, setting forth the manner in which such Product materially fails to comply with the SOW. *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Sample 1
Payment and Acceptance. In payment for the Intellectual Property and ---------------------- Transferred Property and assumption of the liabilities in Exhibits 1, 2, 3 and -------------------- 4, the Company hereby agrees to issue to Assignor 7,000,000 shares of its Series - A Preferred Stock, 500,000 shares of its Common Stock upon the execution of this Agreement, and a promissory note in the principal amount of $1,225,000, in substantially the form attached hereto as Exhibit B. ---------
Sample 1
Payment and Acceptance. Redback shall pay Jabil all amounts when due, including all Non-Recurring Engineering Costs ("NRE Costs"), that Jabil may incur in the performance of the Manufacturing Services. Redback shall pay Jabil all undisputed invoiced amounts within thirty (30) days from the date of Jabil's invoice therefor. Redback may only dispute an invoice provided that Redback notifies Jabil in writing, within three (3) business days after the date of receipt, that the invoice contains a material error that impedes payment thereof. Such notification shall identify the alleged error in the invoice, a justification for considering this error material, together with any supporting documentation. Redback will remain liable and will issue payment without delay in accordance to this Section for any undisputed portions or amounts in the invoice. In the event of cancellation, expiration or termination of this Letter Agreement for any reason, Redback shall remain liable for all fees, costs of material and expenses incurred by Jabil as set forth herein up to and including the date of such cancellation, expiration or termination. Redback will be deemed to have accepted any Product (as defined in Section 4 below) prepared as part of the Manufacturing Services unless, within ten (10) days following Jabil's delivery of such Product, Redback provides a detailed written notice, as referenced in Section 15 herein, setting forth the manner in which such Product - fails to comply with the SOW.
Sample 1
Payment and Acceptance. State Entity agrees to pay Contractor in arrears for all undisputed amounts within thirty (30) days of receipt of an undisputed invoice, provided that the Equipment and Services have been accepted by the State Entity as hereinafter provided. Contractor shall not invoice State Entity in advance of Contractor’s deliverance/performance of the items and/or services that are the subject of the invoice. Contractor shall deliver the Equipment and/or perform any Services in accordance with the schedule set forth in the Statewide Contract or the time specified in Attachment 1 (whichever is later). Unless otherwise agreed to by Contractor and the State Entity, Contractor shall provide written notification of completion of the delivery, or other performance of Services, to the State Entity (“Delivery Notice”). State Entity shall have thirty (30) days from the date of receipt of the Delivery Notice to provide Contractor with written notification of acceptance or rejection due to unsatisfactory performance (“Acceptance Period”), and in the event of acceptance by the State Entity, the obligation to pay shall be effective on the first (1st) day of the Acceptance Period. The failure of the State Entity to issue an acceptance or rejection notice on or before the end of the Acceptance Period shall be deemed an acceptance of the Equipment or Services. In the event State Entity issues a rejection notice, Supplier shall, as quickly as is practicable, correct at its expense all deficiencies caused by Contractor. State Entity shall not unreasonably withhold or delay such acceptance or rejection.
Sample 1
Payment and Acceptance. User Agency agrees to pay Contractor in arrears for all undisputed amounts within thirty (30) days of receipt of an undisputed invoice, provided that the Equipment and
Sample 1
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Payment and Acceptance. User Agency agrees to pay Supplier for all undisputed amounts within thirty (30) days of receipt of invoice, provided that the Equipment and Services have been accepted by User Agency as hereinafter provided. Supplier shall deliver the Equipment and/or perform any Services in accordance with the schedule set forth in the RFP or the time specified in a Purchase Order (“P.O.”) issued by User Agency (whichever is later). Unless otherwise agreed to by Supplier and User Agency, Supplier shall provide written notification of completion of the delivery, or other performance of Services, to User Agency (“Delivery Notice”). User Agency shall have thirty (30) days from the date of receipt of the Delivery Notice to provide Supplier with written notification of acceptance or rejection due to unsatisfactory performance (“Acceptance Period”), and in the event of acceptance by User Agency, the obligation to pay shall be effective on the first (1st) day of the Acceptance Period. The failure of the User Agency to issue an acceptance or rejection notice on or before the end of the Acceptance Period shall be deemed an acceptance of the Equipment or Services. In the event User Agency issues a rejection notice, Supplier shall, as quickly as is practicable, correct at its expense all deficiencies caused by Supplier. User Agency shall not unreasonably withhold or delay such acceptance or rejection.
Sample 1
Payment and Acceptance 
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Related to Payment and Acceptance

  • Appointment and Acceptance The Trust hereby appoints JNLD as distributor of the Shares of the Funds set forth on Schedule A on the terms and for the period set forth in this Agreement, and JNLD hereby accepts such appointment and agrees to render the services and undertake the duties set forth herein.

  • Testing and Acceptance Within […***…] after RFM’s delivery of the IC Design File to ST, ST shall manufacture and deliver a commercially reasonable quantity of evaluation Product to RFM for evaluation testing. Upon RFM’s receipt of such Products from ST, RFM shall test such Products with the applicable Evaluation Software and in the applicable Evaluation Circuit Design to determine if the IC Design for such Products conforms to the applicable Specifications. Upon completion of such testing, RFM shall provide ST with the data from such testing (“Evaluation Data”). Upon ST’s receipt of the Evaluation Data, ST shall evaluate whether the Evaluation Data indicates that the IC Design conforms to the Specifications in all material respects. ST shall accept or reject the IC Design based on the Evaluation Data and shall give RFM written notice thereof within seven (7) calendar days after RFM’s delivery of the Evaluation Data to ST. An IC Design will be deemed accepted by ST if RFM has not received notification of rejection of such IC Design from ST within seven (7) calendar days after RFM’s delivery of the applicable Evaluation Data to ST. ST’s refusal to accept the IC Design must be reasonable, must be in writing and must be accompanied by a reasonably detailed description of the manner in which the IC Design fails to comply with the Specifications in all material respects (collectively, the “Deficiencies”) so that RFM can have the opportunity to correct the Deficiencies. If ST properly rejects the IC Design, RFM shall use commercially reasonable efforts to correct any Deficiencies and redeliver a corrected IC Design File within […***…] after RFM’s receipt of the rejection notice and the foregoing provisions set forth in this Section 3.3 shall be reapplied until the IC Design is accepted; provided, however, that upon the […***…] or any subsequent rejection, either party may terminate this Agreement upon thirty (30) calendar days prior written notice to the other party, unless the IC Design is accepted during such notice period.

  • INSPECTION AND ACCEPTANCE Cisco may reject any or all of the Work which does not conform to the applicable requirements within 10 business days of Supplier’s delivery of the Work. At Cisco’s option, Cisco may (i) return the non- conforming Work to Supplier for a refund or credit; (ii) requires Supplier to replace the non-conforming Work; or (iii) repair the non-conforming Work so that it meets the requirements. As an alternative to (i) through (iii), Cisco may accept the non-conforming Work conditioned on Supplier providing a refund or credit in an amount Cisco reasonably determines to represent the diminished value of the non-conforming Work. Cisco’s payment to Supplier for Work prior to Xxxxx’s timely rejection of such Work as non- conforming will not be deemed as acceptance by Xxxxx.

  • Delivery and Acceptance All Software provided hereunder will be delivered electronically. We provide trial licenses of the Software for testing and pre-acceptance before purchase and therefore, delivery is deemed complete and accepted when such Software is made available to you. You are responsible for downloading, installing, registering, or otherwise using the Software.

  • Offer and Acceptance These terms shall constitute a binding contract upon execution by all parties (the “Contract”).

  • Assignment and Assumption The parties to each assignment shall execute and deliver to the Administrative Agent an Assignment and Assumption, together with a processing and recordation fee in the amount of $3,500; provided, however, that the Administrative Agent may, in its sole discretion, elect to waive such processing and recordation fee in the case of any assignment. The assignee, if it is not a Lender, shall deliver to the Administrative Agent an Administrative Questionnaire.

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