Price and Terms of Sale. (a) The price to be charged to Horizon for Product in various package sizes bearing the Horizon or a subsidiary label shall be the same as those currently quoted to Horizon, as shown on Exhibit "B" attached hereto and incorporated herein. However, the price charged to Horizon for the Product shall be reduced if: (1) Unisource engages a new manufacturer who supplies Product to Unisource at a lower cost, or (2) increased volume orders by Horizon result in per-unit savings to Unisource because of economies of scale. In the event of the occurrence of either of these contingencies, Unisource and Horizon agree to negotiate a price reduction in good faith, promptly upon receipt of written notice from Horizon of a desire to negotiate price reduction as a result of the occurrence of one or both contingencies. No other price changes shall be made without the written consent of both parties.
(b) Horizon shall pay Unisource for the Product within thirty (30) days after shipment of the Product to the location specified. Unisource warrants that when invoiced the Product will conform to those specifications documented in Exhibit A and Unisource will cause the manufacturer to provide to Horizon a Certificate of Assay, batch assay sheets and all current material safety data sheets applicable to the Product for each batch shipped to Horizon. Horizon will not be obligated to pay for a non-conforming batch of the Product or a batch for which a Certificate of Assay has not been provided.
(c) All shipments of the Product to Horizon at the location specified will be made FOB, Unisource site of manufacture.
Price and Terms of Sale. The Price at which said property is to be offered is $ . The terms upon which said property is to be offered are as follows: The undersigned owner(s) attests to being the sole owner(s) of the property and have authority to sell. The undersigned owner and Xxxxxx both agree that the above price and terms of sale, and other terms of this agreement may be changed upon written authorization of the owner. In the event owner signs a binder/contract of sale during the term of this employment agreement, the parties agree that the above expiration date shall be extended until the time that said contract of sale is fully performed or until such time as said contract fails to be performed either by its terms or because of the default of the buyer. Nothing herein contained is intended to reduce the term of this agreement. Owner(s) and Broker acknowledge that the Human Rights Laws of all applicable government agencies prohibits discrimination in the rental or sale of real property based upon a person’s actual or perceived Race, Color, Religion, National Origin, Gender, Gender Identity, Disability, Sexual Orientation, Familial Status (the presence of children), Marital or Partnership Status, Alienage or Citizenship Status, Age, Military Status, Lawful Occupation, Lawful Source of Income or Victims of Domestic Violence.
Price and Terms of Sale. (a) Prices for the Products and Services for the Term of this Agreement are set forth in Exhibit A. ------------------------- *** Confidential Information has been omitted and filed separately with the Securities and Exchange Commission.
Price and Terms of Sale. NaPro shall pay [TEXT REDACTED]*. The total purchase price (less the Exxxxxx Money described below in paragraph 1.3) shall be calculated after the exact number of Trees has been identified under paragraph 1.5, and such sum shall be paid to Zxxxxxx by NaPro in certified funds at the closing.
Price and Terms of Sale. (a) Horizon shall pay the prices for the Products set forth in Exhibit B attached hereto and incorporated herein, or increased prices established pursuant to section 2.3(b). Packaging, labeling, and freight shall be as set forth in Exhibit B. Unisource represents that the prices set forth in Exhibit B reflect a gross profit margin to Unisource not greater than that realized by Unisource under the Other Agreements (as defined in section 6.8).
(b) Unisource shall have the right to increase the prices for the Products by an amount equal to documented increases in the price of raw materials (including but not limited to APIs) or cost of manufacturing the Products. Unisource shall not increase prices more often than once per calendar year and shall provide Horizon with thirty (30) days notice before a price increase becomes effective.
Price and Terms of Sale. Any such participation by the Noninitiating Stockholder shall be at the same price per share (in form and amount) applicable to the sale of Investor Shares and otherwise shall be on the same terms and conditions (including any with respect to deferral of payment in whole or in part and any option as to the form and amount of consideration to be received) as are applicable to Investor; provided, that the Noninitiating Stockholders shall not be required to (a) make any representation or warranty to any person in connection with such transaction other than as to (i) good title and the absence of liens and encumbrances with respect to such Noninitiating Stockholder's shares, (ii) the corporate or other existence of such Noninitiating Stockholder and (iii) the authority for and the validity and binding effect of, and the absence of any conflicts under the charter documents and material agreements of such Noninitiating Stockholder as to, any agreements entered into by such Noninitiating Stockholder in connection with such sale or (b) provide any indemnities in connection with such transaction except for a breach of the above representations and warranties.
Price and Terms of Sale. (a) Prices for Products shall be as follows:
(i) Except as provided in Sections 9(a)(ii), 9(a)(iii) and 9(a)(iv) below, the purchase price for a Product, ** ******* ******* ********** ************* ******** shall be ******** multiplied by the ****** ** ** ** ********** ******* ********* ** *** ******* (the Purchase Price").
(ii) The purchase price for a Product, Ex Factory VITEX's or third Person's Japanese manufacturing facility, for resale in Japan, may be higher than the Purchase Price but only if and to the extent that regulatory and commercial considerations require the manufacture of Japanese sourced Product in Japan for the Japanese market, and in no event shall the purchase price exceed ******** mutiplied by *** ****** ** ** ** ********** ******* contained in the Product (the "Maximum Japanese Price"), provided that if Japanese sourced Product is (aa) required by Japanese Governmental Bodies, or if the parties have mutually agreed that Japanese sourced Product is commercially desirable, and (bb) is not commercially available in Japan for the Maximum Japanese Price, then, in such event, the parties will discuss such situation and seek out a mutually acceptable resolution, but in such event VITEX shall not be required to sell to USSC at the Maximum Japanese Price a Product for resale in Japan, and USSC shall not be required to purchase for resale in Japan a Product from VITEX or a Japanese producer at a price in excess of the Maximum Japanese Price.
(iii) Subsequent to the ***** *** ******** ***** following the first Governmental Approval to market, distribute and sell a Product in the United States, Japan or a Major ["****" indicates material omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment.] Country in Europe (i.e.. ******* ****** ** *** ****** ******* ***** **** * ***** ******* ********), if a "Price Increase Event" (defined below) has occurred with respect to such year, the purchase price for a Product shall be increased by ******** multiplied by *** ****** ** ** ** ********** ******* contained in the Product. For purposes of this Section 9(a)(iii), a Price Increase Event shall be deemed to have occurred if the sale of Products by USSC, its Affiliates and permitted assignees in such calendar year or thereafter following Governmental Approval are less than a "Price Increase Level", as defined hereinafter, for such year, unless due to (W) any act or omission of a Governmental ...
Price and Terms of Sale. The current list prices, discounts, and product manufacturing lead times for the Products and Services are set forth in Exhibit A. Supplier must detail any sales, use, excise, or similar taxes payable by Sprint as separate line items on each applicable invoice. The prices in Exhibit A are complete and inclusive of packaging, labeling, custom duties, storage, shipping, insurance and similar items. Supplier will not increase the price of Products and Services during the term of this Agreement. If Supplier: a) announces package pricing for Products and does not provide Sprint with at least 45 days prior written notice of the new decreased pricing, then b) Supplier will credit Sprint with the difference between the prior price and the new price for Products purchased by Sprint during the 45-day period before the effective date of the new price. Supplier warrants that the terms of this Agreement and the prices on Exhibit A are no less favorable than the terms given to any third party that purchases or licenses similar Products or Services from Supplier under similar terms and conditions. If Supplier offers more favorable prices to any customer during the term of this Agreement, the prices will be applicable to Sprint Orders. Supplier warrants that the prices on Exhibit A are complete. Prices do not include special Sprint packaging and labeling nor any taxes and duties which may be charged to the purchaser by any domestic or foreign governmental agency nor storage and insurance liability for units in excess of 50. 5.0
Price and Terms of Sale. INVOICING, PAYMENT AND OFFSET RIGHT
Price and Terms of Sale. The prices, delivery terms, terms of payment and other terms relating to any Specialized Equipment offered by Licensor to Licensee will be prescribed by Licensor and will be subject to change by Licensor without prior notice at any time. Notwithstanding the foregoing, the price of any Specialized Equipment sold to Licensee by licensor will not be changed once an order for such Specialized Equipment has been received by Licensor.
