Sale and Purchase of Products a. The terms and conditions contained in this Agreement shall be effective for all Products sold by the Producer to the Buyer during the Agreement Term. During the Agreement Term, Producer agrees to manufacture and sell the Products to Buyer against the Monthly Production Request (as such term is hereinafter defined in Section 10 of this Agreement) of the Buyer, which request shall be deemed to be a production purchase order. During the Agreement Term, Producer agrees to deliver the Products manufactured and sold to Buyer against shipping orders of Buyer. Except as otherwise set forth in this Agreement, each contract for the purchase and sale of the Products shall be initiated hereunder by Buyer's issuance to Producer of a production purchase order and delivery of such Products shall be initiated against shipping orders of the Buyer. Unless Buyer otherwise agrees in writing, ALL PRODUCTION PURCHASE ORDERS AND SHIPPING ORDERS ARE EXPRESSLY LIMITED TO THE TERMS HEREOF AND ANY ADDITIONAL OR DIFFERENT TERMS ARE OBJECTED TO WITHOUT FURTHER NOTIFICATION BY PRODUCER AND BUYER. Shipping orders shall be issued to the Producer at least five (5) business days prior to the requested shipping date. If the quantity of the particular Product requested in such shipping order for delivery in a calendar month, when added together with all other shipping orders for such particular Product for delivery in the same calendar month, is not in excess of the quantity for such Product as set forth in the then current Monthly Production Request, such shipping order for such Product shall be deemed accepted without any further act of the Producer. If the quantity of the particular Product requested in such shipping order for delivery in a calendar month, when added together with all other shipping orders for such particular Product for delivery in the same calendar month, is in excess of the quantity for such Product as set forth in the then current Monthly Production Request, such shipping order shall be deemed accepted to the extent that such quantities are not in excess of the then current Monthly Production Request for such Product and, with respect to the
Sale and Purchase of Products. All references in this Agreement to the "sale" or "selling" of Products shall mean a license to use such Products and sale of the tangible media on which the Products are distributed. All references in this Agreement to the "purchase" of Products shall mean a license to use such Products and the purchase of the tangible media on which the Products are distributed.
Sale and Purchase of Products. The Company will sell the Products to the Customer on the following terms and conditions.
Sale and Purchase of Products. Section 4.2.1 FORECAST OF ORDERS In order to assist Nortel in keeping the Products' price competitive in the marketplace, the Distributor, on or before February 1, May 1, August 1, and November 1 of each year, shall prepare and submit a written "rolling" forecast of Distributor's anticipated orders of each Product for the 12-month period beginning two months after the forecast due date (i.e., beginning April 1, July 1, October 1, and January 1, respectively).
Sale and Purchase of Products. Seller agrees to sell to Buyer, and Xxxxx agrees to purchase from Seller, Products in accordance with Specifications and the terms and conditions set forth therein and herein. As used herein, the word “Specifications” shall mean the specifications, drawings, plans, qualities, nature, type, properties, amounts, assortments, and other descriptions of and requirements for Products as stated on the front of this Agreement.
Sale and Purchase of Products. Subject to the terms and conditions of ----------------------------- this Agreement, Tyson agrees to sell and the Purchaser agrees to purchase certain Products within certain Product Categories as set forth in Paragraph 2 herein, in quantities as set forth in Paragraph 3 herein, in accordance with the quality requirements set forth in Paragraph 4 herein, at prices as calculated in Paragraph 5 herein.
Sale and Purchase of Products. Biomarker LLC hereby agrees and undertakes to sell to the Purchaser, and the Purchaser agrees and undertakes to purchase from Biomarker LLC, for the price and subject to the terms and conditions contained herein, the total requirements of Product needed by the Purchaser for its day-to-day laboratory testing services during the term of this Agreement. At the date of signing of the present Agreement, the Purchaser estimates its requirements for the current year at [****] of Product.
Sale and Purchase of Products a. From the date hereof through December 31, 1999 ( the "Initial Purchase Period"), APPI will sell to Ambar, and Ambar will purchase from APPI the following: not less than 2,000 units of Lo-Cxxx 00/0000 ("Xx-Xxxx 00") at a purchase price of $5.23 per unit and 1,000 units of ACA 70/1000 ("ACA") at a purchase price of $17.83 for an aggregate purchase price of $28,290 (the "Initial Period Minimum Purchase Price").
Sale and Purchase of Products. APPI hereby agrees to provide those documents requested by MEM needed for MEM to obtain a Registration Certificate from the appropriate authorities in Egypt which Registration Certificate is needed for MEM to sell the Products in the Territory. MEM agrees to make a good faith effort to obtain such Registration Certificate as soon as possible from the date hereof. From the date MEM receives the Registration Certificate from the appropriate authorities in Egypt, MEM agrees to purchase from APPI at least the Minimum Purchase Quantity of the registered Products as such minimums are defined in Exhibit B attached hereto. Sales of Products: (as listed in Exhibit B attached hereto) 2 Products Purchase Prices: (as listed in Exhibit C attached hereto) Payments for Products ordered by MEM shall be made as listed in Exhibit D attached hereto. APPI, at its expense, will make available the Products ordered by MEM, within thirty (30) days after MEM requests such Products. APPI will make the Products available by giving notice to MEM, in accordance with Section 15 of this Agreement, that such ordered Products are available for pick up by MEM at John X. Xxxxxxx Xxxernational Airport ("JFK") located at Jamaica N.Y. 11430, at a pickup area to be agreed upon by the undersigned parties. After such notice is given to MEM, and such Products are made available to MEM at JFK, title to and all risk of loss of and damage to the Products will pass to MEM. (FOB, free on board - JFK)
Sale and Purchase of Products. Subject to the terms and conditions in this Agreement, ODM agrees to design, procure, directly or indirectly, certain Components, manufacture, assemble and provide Support for the Products, and to sell the same to EMACHINES in accordance with the terms hereof. * CERTAIN CONFIDENTIAL INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND SEPARATELY FILED WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. CONFIDENTIAL ------------
