Terms and Conditions of Sale. This Price List supersedes all previous price lists.
Terms and Conditions of Sale. See attached (hereinafter referred to as “Exhibit A”)
Terms and Conditions of Sale. As defined in Section 3.14(b). Terminal – A point-of-transaction terminal that conforms with the requirements established from time to time by Servicer and the applicable Card Association capable of (i) reading the account number encoded on the magnetic stripe, (ii) comparing the last four digits of the encoded account number to the manually key-entered last four digits of the embossed account number, and (iii) transmitting the full, unaltered contents of the magnetic stripe in the Authorization message. ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.
Terms and Conditions of Sale. Purchase Terms for
Terms and Conditions of Sale. This Agreement and all sales of Equipment hereunder by IDSI to Distributor shall be subject to IDSI's standard terms and conditions of sale as set forth on the applicable Acknowledgment. A copy of IDSI's current Standard Terms and Conditions of Sale is attached hereto as Exhibit D and incorporated herein. To the extent that IDSI's standard terms and conditions are inconsistent with express provisions of this Agreement, the provisions of this Agreement shall prevail. Distributor agrees that although it may use its standard forms for others or other notices hereunder, said standard forms will be governed by the terms and conditions of this Agreement and any applicable Acknowledgment shall have no force and effect. Distributor agrees to place the following legend on its standard forms submitted to IDSI hereunder: "NOTWITHSTANDING ANY OTHER TERMS AND CONDITIONS APPEARING HEREON, THIS PURCHASE SHALL BE GOVERNED BY THE TERMS AND CONDITIONS OF SALE SET FORTH IN THE IDSI DISTRIBUTION AGREEMENT."
Terms and Conditions of Sale. (a) In the event that any shipment of coke does not conform to the applicable specifications, the party discovering the nonconformity shall provide prompt written notice to the other party (and in any event, no later 14 days after the arrival of the train) of the nonconformity, which notice shall include copies of all analyses and other documentation describing and quantifying the nonconformity, and the parties shall promptly undertake negotiations in good faith to effectuate an appropriate disposition of the nonconforming material, which may include an equitable price adjustment. In the event that the parties are unable to agree to an appropriate disposition of the nonconforming material within fourteen (14) days, either party may submit such dispute for resolution in accordance with Section 4.3 hereof.
(b) In the event of a conflict between the terms and conditions of this Agreement and the terms or conditions contained in any notice, shipment, specifications, purchase order, sales order, acknowledgement or other document which may be used in connection with the transactions contemplated by this Agreement, the terms and conditions of this Agreement shall supersede and govern, unless expressly waived in accordance with Section 4.16.
Terms and Conditions of Sale. The Purchase Price shall be paid by the Offeror as follows:
Terms and Conditions of Sale. Any sale of the Ship pursuant to clause 2.8 (but not, for the avoidance of doubt, pursuant to clause 2.9) will be on the following terms and conditions and shall otherwise be completed in accordance with the provisions set out below:
2.7.1 the sale will be at a cash price payable by the purchaser to the Lessor in full on completion of that sale in Dollars or such other currency as the Lessor may agree (such agreement not to be unreasonably withheld or delayed);
2.7.2 the sale will be on the best terms (including price) which, in the opinion of a reputable firm of independent ship valuers and surveyors experienced in the container carrier sector, are reasonably obtainable on the open market on an “as is, where is” basis taking into account where continuing, the Time Charter and any charter of the Ship at that time which shall have been notified to the Lessor and approved by the Lessor pursuant to clause 10.17 and which is intended to continue (and is capable of continuing) after the date of sale and the termination of the bailment to the Lessee under this Agreement;
2.7.3 the sale may be to any person other than:
(a) the Time Charterer, the Lessee or any other person to whom the Ship has at any time been leased or sub-leased; or
(b) any person who is purchasing in trust for any of the parties referred to in (a); or
(c) any other person to whom, by virtue of a Change of Law occurring after the date of this Agreement, a sale is certified by the Lessor (the “Lessor’s Certificate”) as being reasonably likely to result in the Lessor losing with retrospective effect its right to claim capital allowances on or by reference to expenditure previously incurred on the provision of the Ship provided however that if the Lessee does not agree with the Lessor’s Certificate it shall be entitled to require the Lessor to obtain promptly a written opinion from leading tax counsel (“Counsel”) (in accordance with the provisions of clause 2.7.3(g)) stating whether or not the Lessor’s Certificate is correct;
(d) if Counsel is of the opinion that the Lessor’s Certificate is incorrect, then the Lessee shall be entitled to sell the Ship to any person other than such persons as are specified in (a) or (b) above, without the provision of any further security to the Lessor;
(e) if Counsel is of the opinion that the Lessor’s Certificate is correct, the Lessee shall be entitled to sell the Ship to any person other than such persons as are specified in (a) and (b) above, conditional upon ...
Terms and Conditions of Sale. Upon the authorization by the Representatives of the release of the Firm Shares, the several Underwriters propose to offer the Firm Shares for sale upon the terms and conditions set forth in the Prospectus.
Terms and Conditions of Sale. Property is being sold "As Is". This transaction is not contingent on Buyer obtaining financing.
