Planon Affiliate Sample Clauses

Planon Affiliate. Planon and Customer acknowledge and agree that certain products and/or services under Order Form(s) may also be provided by a Planon Affiliate to Customer. In such case, the applicable Planon Affiliate shall execute an Order Form directly with Customer which shall form a separate agreement between the Planon Affiliate and customer only. The terms and conditions of this Agreement shall apply to such Order Form provided that reference in this Agreement to “Planon” shall in such case deemed to be reference to the applicable Planon Affiliate, unless the context in the Agreement and/or Order Form clearly indicates otherwise. If the provisions of an Order Form conflict with the provisions of this Agreement, the provisions of the Order Form will prevail, unless the provisions the Agreement clearly indicate otherwise.
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Planon Affiliate. Planon and Customer acknowledge and agree that certain products and/or services under Order Form(s) may also be provided by a Planon Affiliate to Customer. In such case, the applicable Planon Affiliate shall execute an Order Form directly with Customer which shall form a separate agreement between the Planon Affiliate and Customer only. The terms and conditions of this Agreement shall apply to such Order Form provided that reference in this Agreement to “Planon” shall in such case deemed to be reference to the applicable Planon Affiliate, unless the context in the Agreement and/or Order Form clearly indicates otherwise. If a provision of an Order Form conflicts with a provision of this Agreement, the provision of the Order Form will prevail, unless the provisions of the Agreement clearly indicate otherwise. Save as set out in this article 12.7, no one other than a party to this Agreement, their successors and permitted assignees, shall have any right to enforce any of its terms whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
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Related to Planon Affiliate

  • Not an Affiliate The Investor is not an officer, director or a person that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with the Company or any “Affiliate” of the Company (as that term is defined in Rule 405 of the Securities Act).

  • Affiliate As used in this Agreement, the term “affiliate” shall mean any entity which owns or controls, is owned or controlled by, or is under common ownership or control with, Company.

  • Affiliated Company Affiliated Company" of any Person means any entity that controls, is controlled by, or is under common control with such Person. As used herein, "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such entity, whether through ownership of voting securities or other interests, by contract or otherwise.

  • Insiders’ NASD Affiliation Based on questionnaires distributed to such persons, except as set forth on Schedule 2.18.4, no officer, director or any beneficial owner of the Company's unregistered securities has any direct or indirect affiliation or association with any NASD member. The Company will advise the Representative and its counsel if it learns that any officer, director or owner of at least 5% of the Company's outstanding Common Stock is or becomes an affiliate or associated person of an NASD member participating in the offering.

  • Investment Company; Public Utility Holding Company Neither the Company nor any Subsidiary is an "investment company" or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "public utility holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.