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Place of Fulfilment, Applicable Law and Jurisdiction Sample Clauses

Place of Fulfilment, Applicable Law and Jurisdiction. 11.1 The originating point of the goods shall, in each case, be the place of fulfilment for the delivery. Munich shall be the place of fulfilment for payment. 11.2 Exclusively the laws of the Federal Republic of Germany shall apply between the parties. The application of the 1980 United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. 11.3 If the Purchaser is a merchant or does not have a general place of jurisdiction in Germany, the place of jurisdiction is Munich. We shall, however, have the right to also bring a claim against the Purchaser at his general place of jurisdiction. Munich, 15th May 2002 “BAFA Grenzübergangspreis” for natural gas Source: Evaluation periods: — Arithmetic mean value out of 6 months — April to September for price adjustment of 1st half of the following year — October to March for price adjustment of 2nd half of year — Basis evaluation period: April 2006 — September 2006 CB ... Index value of Basis evaluation period CN ... Index value of New evaluation period CN/CB (%) Price Adjustment EURO / kg < - 60 % [•]* < - 40 % [•]* < - 20 % [•]* > + 20 % [•]* > + 40 % [•]* > + 60 % [•]* > + 80% [•]*
Sample 1Sample 2See All (5)
Place of Fulfilment, Applicable Law and Jurisdiction. 11.1 The originating point of the goods shall, in each case, be the place of fulfillment for the delivery. Munich shall be the place of fulfillment for payment. 11.2 Exclusively the laws of the Federal Republic of Germany shall apply between the parties. The application of the 1980 United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. 11.3 If the Purchaser is a merchant or does not have a general place of jurisdiction in Germany, the place of jurisdiction is Munich. We shall, however, have the right to also bring a claim against the Purchaser at his general place of jurisdiction. Munich, 15th May 2002 Supply Agreement 3 SunPower Corporation/ Wxxxxx Chemie AG Sept. 14th, 2007 *** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION „BAFA Grenzübergangspreis” for natural gas hxxx://xxx.xxxx.xx/XXXx/Navigation/Energie/Energiestatistiken/energiesta- tistiken,did=53736.html • Arithmetic mean value out of 6 months • April to September for price adjustment of 1st half of the following year • October to March for price adjustment of 2nd half of year • Basis evaluation period: April 2006 — September 2006 CB … Index value of Basis evaluation period CN … Index value of New evaluation period < - 60 % *** < - 40 % *** < - 20 % *** > + 20 % *** > + 40 % *** > + 60 % *** > + 80 % ***
Sample 1See All (4)
Place of Fulfilment, Applicable Law and Jurisdiction. 11.1 The originating point of the goods shall in each case, be the place of fulfilment for the delivery. Munich shall he the place of fulfilment for payment. 11.2 Exclusively the laws of the Federal Republic of Germany shall apply between the parties. The application of the 19890 United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. 11.3 If the Purchaser is a merchant or does not have a general place of jurisdiction in Germany, the place of jurisdiction is Munich. We shall, however, have the right to also bring a claim against the Purchaser at his general place of jurisdiction Munich, 15th May 2002 Supply Agreement Evergreen Solar, Inc./ Wxxxxx Chemie AG August 31, 2007 [***] [***] Evaluation periods: [***] [***] [***] [***] CB ... Index value of Basis evaluation period CN ... Index value of New evaluation period Price Adjustment CN/CB (%) EURO / kg [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] On the following example for the calculation of the price adjustment the procedure is explained in more detail. Supply Agreement Evergreen Solar, Inc./ Wxxxxx Chemie AG August 31, 2007 [***] Supply Agreement Evergreen Solar, Inc./ Wxxxxx Chemie AG August 31, 2007 PRODUCT SPECIFICATION Product HYPER PURE SILICON, POLY, SOLAR APPLICATION [***] Supplier Wxxxxx Chemie AG Polysilicon / Site Burghausen Manufacturer Wxxxxx Chemie AG Polysilicon / Site Burghausen The data presented in this specification are confidential and must not be disclosed to any other parties without the expressed written consent of Wxxxxx Chemie AG Polysilicon Logistics / Site Burghausen . This specification is issued and handled by Wxxxxx Chemie AG Polysilicon Logistics / Site Burghausen; it is valid upon authorized signature by customer and supplier. Name / Position / Date Name / Position / Date Name / Position / Date Copies 1 1 New issue 29.03.2000 A Change 4. Labels/Report on inspection 20.07.2006 B —> revised values for delivery note —> revised values for Certificate of compliance —> new item 4.3 PRODUCT SPECIFICATION
Sample 1
Place of Fulfilment, Applicable Law and Jurisdiction. 11.1 The originating point of the goods shall, in each case, be the place of fulfilment for the delivery. Munich shall be the place of fulfilment for payment. 11.2 Exclusively the laws of the Federal Republic of Germany shall apply between the parties. The application of the 1980 United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. 11.3 If the Purchaser is a merchant or does not have a general place of jurisdiction in Germany, the place of jurisdiction is Munich. We shall, however, have the right to also bring a claim against the Purchaser at his general place of jurisdiction.
Sample 1

Related to Place of Fulfilment, Applicable Law and Jurisdiction

  • Applicable law and place of jurisdiction 13.1 The Contract is governed by the Italian law. 13.2 Any dispute arising in connection with the interpretation, performance and termination of this Contract shall be submitted to and settled by the Court of Brescia.

  • Applicable Law and Jurisdiction (a) This Agreement and the rights of the parties shall be governed by and construed in accordance with the laws of the State of Delaware. Non-contractual obligations (if any) arising out of or in connection with this agreement (including its formation) shall also be governed by the laws of the State of Delaware. The rights and liabilities of the Members in the Company and each Series and as between them shall be determined pursuant to the Delaware Act and this Agreement. To the extent the rights or obligations of any Member are different by reason of any provision of this Agreement than they would otherwise be under the Delaware Act in the absence of any such provision, or even if this Agreement is inconsistent with the Delaware Act, this Agreement shall control, except to the extent the Delaware Act prohibits any particular provision of the Delaware Act to be waived or modified by the Members, in which event any contrary provisions hereof shall be valid to the maximum extent permitted under the Delaware Act. (b) Any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with this Agreement, or the transactions contemplated hereby, including, without limitation, any suit, action, or proceeding brought under federal securities law, shall be brought in Chancery Court in the State of Delaware and each Member hereby consents to the exclusive jurisdiction of the Chancery Court in the State of Delaware (and of the appropriate appellate courts therefrom) in any suit, action or proceeding, and irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum; provided, that if the Chancery Court in the State of Delaware shall not have jurisdiction over such matter, then such suit, action or proceeding may be brought in other federal or state courts located in the State of Delaware. Each Member hereby waives the right to commence an action, suit or proceeding seeking to enforce any provisions of, or based on any matter arising out of or in connection with this Agreement, or the transactions contemplated hereby or thereby in any court outside of the Chancery Court in the State of Delaware. Process in any suit, action or proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any court. Without limiting the foregoing, each party agrees that service of process on such party by written notice pursuant to Section 15.01 will be deemed effective service of process on such party. (c) EVERY PARTY TO THIS AGREEMENT AND ANY OTHER PERSON WHO BECOMES A MEMBER OR HAS RIGHTS AS AN ASSIGNEE OF ANY PORTION OF ANY MEMBERS MEMBERSHIP INTEREST HEREBY WAIVES ANY RIGHT TO A JURY TRIAL AS TO ANY MATTER UNDER THIS AGREEMENT OR IN ANY OTHER WAY RELATING TO THE COMPANY OR THE RELATIONS UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, MATTERS ARISING UNDER FEDERAL SECURITIES LAW, OR OTHERWISE AS TO THE COMPANY AS BETWEEN OR AMONG ANY SAID PERSONS.

  • Governing Law and Jurisdiction (a) THIS AGREEMENT SHALL BE DEEMED TO BE A CONTRACT MADE UNDER AND GOVERNED BY THE INTERNAL LAWS OF THE STATE OF NEW YORK (INCLUDING FOR SUCH PURPOSE SECTIONS 5-1401 AND 5-1402 OF THE GENERAL OBLIGATIONS LAW OF THE STATE OF NEW YORK) EXCEPT TO THE EXTENT THAT THE VALIDITY OR PERFECTION OF A SECURITY INTEREST OR REMEDIES HEREUNDER, IN RESPECT OF ANY PARTICULAR COLLATERAL ARE GOVERNED BY THE LAWS OF A JURISDICTION OTHER THAN THE STATE OF NEW YORK. (b) ANY LEGAL ACTION OR PROCEEDING WITH RESPECT TO THIS AGREEMENT MAY BE BROUGHT IN THE COURTS OF THE STATE OF NEW YORK OR OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK; AND, BY EXECUTION AND DELIVERY OF THIS AGREEMENT, EACH OF THE PARTIES HERETO CONSENTS, FOR ITSELF AND IN RESPECT OF ITS PROPERTY, TO THE NON-EXCLUSIVE JURISDICTION OF THOSE COURTS. EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY OBJECTION, INCLUDING ANY OBJECTION TO THE LAYING OF VENUE OR BASED ON THE GROUNDS OF FORUM NON CONVENIENS, THAT IT MAY NOW OR HEREAFTER HAVE TO THE BRINGING OF ANY ACTION OR PROCEEDING IN SUCH JURISDICTION IN RESPECT OF THIS AGREEMENT OR ANY DOCUMENT RELATED HERETO. EACH OF THE PARTIES HERETO WAIVES PERSONAL SERVICE OF ANY SUMMONS, COMPLAINT OR OTHER PROCESS, WHICH SERVICE MAY BE MADE BY ANY OTHER MEANS PERMITTED BY NEW YORK LAW.

  • Proper Law and Jurisdiction This Agreement shall be governed by the laws of England and shall be subject to the exclusive jurisdiction of the English courts.

  • APPLICABLE LAW, PLACE OF JURISDICTION 14.1 This Agreement shall be subject to New York law. 14.2 The non-exclusive place for all proceedings arising out of this agreement shall be New York.

  • Governing Laws and Jurisdiction This Agreement shall be deemed to have been executed and to be performed within the State of California and shall be construed and governed by the internal laws of the State of California. Any legal proceedings arising out of or relating to this Agreement shall be brought in Sacramento County, California.

  • Agreement to Governing Law and Jurisdiction Each party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above.

  • Law and Jurisdiction This Amendment shall be governed by, and construed in accordance with, the law of the State of New York.

  • Controlling Law and Jurisdiction The validity, interpretation and performance of this Agreement shall be subject to and construed under the laws of the State of Missouri, without regard to principles of conflicts of law.

  • Law and Place of Jurisdiction This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the BUYER.

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