Resale Prohibition. The Service provided shall be for Customer use only with no authorization for the Customer to resale service to others. Customer agrees to comply with said prohibition and understands should Customer fail to adhere to this provision Xxxxxxxxx.xxx shall immediately terminate Customer service. Additionally, Xxxxxxxxx.xxx shall find Customer in breach of contract with full termination penalties due as outlined in section 21 of this agreement. Customer will also be liable for any additional charges and damages which may be incurred as a result of unauthorized resale.
Resale Prohibition. The DISTRICT is prohibited from resale or sub-leasing capacity to other entities either private or public entities either directly or through any third party arrangements.
Resale Prohibition. You are not to resell or transfer the PORTAL ONE Service to any other entity for any purpose, without express written permission from PORTAL ONE in advance.
Resale Prohibition. The parties intend and agree that the fumed silica and fumed alumina being sold hereunder to CMC is being sold solely for the use by CMC and its subsidiaries in manufacturing their products. Accordingly, CMC and its subsidiaries are prohibited from reselling any fumed silica or fumed alumina purchased hereunder. However, in the event CMC determines, in good faith, that the fumed metal oxides supplied hereunder, which otherwise meet the specification set forth in Scheduled A or B, but which are not fit for CMC's use in the manufacture of CMP slurries, CMC shall have the right to resell such fumed metal oxides, provided, CMC first offers Cabot the option to purchase such fumed metal oxides back from CMC at a price which is the lower of (i) the price paid by CMC to Cabot for such material, or (ii) the price at which CMC will resell such material.
Resale Prohibition. The parties intend and agree that the Fumed Silica being sold hereunder to CMC is being sold solely for the use by CMC and its subsidiaries in manufacturing their products. Accordingly, CMC and its subsidiaries are prohibited from reselling any Fumed Silica purchased hereunder. However, in the event CMC determines, in good faith, that the Fumed Silica supplied hereunder, which otherwise meet the Specifications, is not fit for CMC’s use in the manufacture of CMP slurries, CMC shall have the right to resell such Fumed Silica, provided, CMC first offers Cabot the option to purchase such Fumed Silica back from CMC at a price which is the lower of (i) the price paid by CMC to Cabot for such material, or (ii) the price at which CMC will resell such material.”
11. As of the Effective Date, Section 5.1 of the Agreement, relating to pricing, shall be deleted in its entirety and a new Section 5.1 shall be added to the Agreement, reading in its entirety as follows:
Resale Prohibition. Goods are available for purchase only for your own personal use or to give as a gift; resale of goods purchased from this site is prohibited. This resale prohibition is a material condition to your rights under this Agreement, and it is agreed that any direct or indirect distribution, transshipment and/or sale of items purchased from this site, or others purchasing through you, will be a material breach of this Agreement, and will result in irreparable harm to SS, LLC. for which money damages will not be adequate. In the event of such breach, the parties agree that SS, LLC., in addition to any other remedies it may have at law and/or in equity, will be entitled to injunctive relief to prevent any threatened or continued breach and to specifically enforce this provision.
Resale Prohibition. The Service provided shall be for Customer use only with no authorization for the Customer to resale service to others. Customer agrees to comply with said prohibition and understands should Customer fail to adhere to this provision Tel-Net shall immediately terminate Customer service. Additionally, Tel-Net shall find Customer in breach of contract with full termination penalties due as outlined in section 19 of this agreement. Customer will also be liable for any additional charges and damages which may be incurred as a result of unauthorized resale.
Resale Prohibition. Customer agrees and represents that it is buying the product for its own internal use only and not for resale unless Customer is a legal and authorized reseller of Wavecrest Computing products as demonstrable by a contract executed by both parties stating Customer is a Reseller or Partner. Customer agrees and understands that the License for the software included in the Products is non-transferable and may not be sold or transferred in any way except by an authorized reseller or partner.
Resale Prohibition. The parties intend and agree that the Fumed Silica being sold hereunder to CMC is being sold solely for the use by CMC and its subsidiaries in manufacturing their products. Accordingly, CMC and its subsidiaries are prohibited from reselling any Fumed Silica purchased hereunder. However, in the event CMC determines, in good faith, that the Fumed CABOT MICROELECTRONICS CORPORATION CONFIDENTIAL - CABOT CORPORATION CONFIDENTIAL _________, _________ CONFIDENTIAL TREATMENT Silica supplied hereunder, which otherwise meet the Specifications, but which are not fit for CMC's use in the manufacture of CMP slurries, CMC shall have the right to resell such Fumed Silica, provided, CMC first offers Cabot the option to purchase such Fumed Silica back from CMC at a price which is the lower of (i) the price paid by CMC to Cabot for such material, or (ii) the price at which CMC will resell such material. Notwithstanding the foregoing, Cabot shall be obligated to repurchase up to [ ] pounds of Fumed Silica at the Base Price during each and every Term Year of this Agreement should CMC decide it desires to sell such material for any reason.
Resale Prohibition. 11.1 The Investor undertakes to act in accordance with the provisions of the Securities Law, in force from time to time, with respect to restrictions on a resale of securities allotted within the framework of the private allotment of a public company.
11.2 The Investor undertakes to act in accordance with the provisions of US securities laws, in force from time to time, with respect to restrictions on the public offering and/or resale of securities which have been allotted to an investor.
