Common use of Transaction Confirmation Clause in Contracts

Transaction Confirmation. A Transaction shall be documented in a Transaction Confirmation in the form attached hereto as Exhibit A. On the next Business Day following the Business Day on which Seller is selected as a provider of Full Requirement Service, Buyer will forward by facsimile or other immediate electronic means acceptable to both Parties, to Seller a partially executed Transaction Confirmation(s). Separate Transaction Confirmations will be executed for each winning bid. Should such Transaction(s) be the initial Transaction(s) with the Seller under the current RFP solicitation, then Buyer will forward by facsimile or other immediate electronic means acceptable to both Parties, to Seller a partially executed Agreement. Except as otherwise provided in the RFP, by 2:00 p.m. EPT on the next Business Day following Seller’s receipt of the partially executed Transaction Confirmation(s) and Agreement, as applicable, Seller shall return by facsimile, or other immediate electronic means acceptable to both Parties, to Buyer a fully executed Transaction Confirmation(s), and the Agreement signature page, as applicable. By close of the same Business Day on which Buyer is in receipt of the fully executed Transaction Confirmation(s) and Agreement, as applicable, Buyer shall submit a copy of the Transaction Confirmation(s) to the Maryland PSC for review and determination of compliance with the Buyer’s Utility Bid Plan. In a public hearing on the day following Buyer’s submission of fully executed Transaction Confirmation(s) to the PSC, the PSC will review the results of the procurements. Unless it orders otherwise, the PSC will approve the Transaction Confirmations no later than two days following the full execution of the transactions. The Parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such Party to this Agreement. The Parties agree that any electronically signed document (including this Agreement) shall be deemed (i) to be “written” or “in writing,” (ii) to have been signed and (iii) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files. Such paper copies or “printouts,” if introduced as evidence in any judicial, arbitral, mediation or administrative proceeding, will be admissible as between the Parties to the same extent and under the same conditions as other original business records created and maintained in documentary form. Neither Party shall contest the admissibility of true and accurate copies of electronically signed documents on the basis of the best evidence rule or as not satisfying the business records exception to the hearsay rule. For purposes hereof, “electronic signature” means a manually-signed original signature that is then transmitted by electronic means; transmitted by electronic means” means sent in the form of a facsimile or sent via the internet as a “pdf” (portable document format) or other replicating image attached to an e-mail message; and, “electronically signed document” means a document transmitted by electronic means and containing, or to which there is affixed, an electronic signature.

Appears in 4 contracts

Samples: Requirements Service Agreement, Requirements Service Agreement, Requirements Service Agreement

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Transaction Confirmation. A Transaction shall be documented in a Transaction Confirmation in the form attached hereto as Exhibit A. On the next Business Day following the Business Day on which Seller is selected as a provider of Full Requirement Service, Buyer will forward by facsimile or other immediate electronic means acceptable to both Parties, to Seller a partially executed Transaction Confirmation(s). Separate Transaction Confirmations will be executed for each winning bid. Should such Transaction(s) be the initial Transaction(s) with the Seller under the current RFP solicitation, then Buyer will forward by facsimile or other immediate electronic means acceptable to both Parties, to Seller a partially executed Agreement. Except as otherwise provided in the RFP, by 2:00 p.m. EPT on the next Business Day following Seller’s receipt of the partially executed Transaction Confirmation(s) and Agreement, as applicable, Seller shall return by facsimile, or other immediate electronic means acceptable to both Parties, to Buyer a fully executed Transaction Confirmation(s), and the Agreement signature page, as applicable. By close of the same Business Day on which Buyer Xxxxx is in receipt of the fully executed Transaction Confirmation(s) and Agreement, as applicable, Buyer shall submit a copy of the Transaction Confirmation(s) to the Maryland PSC for review and determination of compliance with the Buyer’s Utility Bid Plan. In a public hearing on the day following BuyerXxxxx’s submission of fully executed Transaction Confirmation(s) to the PSC, the PSC will review the results of the procurements. Unless it orders otherwise, the PSC will approve the Transaction Confirmations no later than two days following the full execution of the transactions. The Parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such Party to this Agreement. The Parties agree that any electronically signed document (including this Agreement) shall be deemed (i) to be “written” or “in writing,” (ii) to have been signed and (iii) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files. Such paper copies or “printouts,” if introduced as evidence in any judicial, arbitral, mediation or administrative proceeding, will be admissible as between the Parties to the same extent and under the same conditions as other original business records created and maintained in documentary form. Neither Party shall contest the admissibility of true and accurate copies of electronically signed documents on the basis of the best evidence rule or as not satisfying the business records exception to the hearsay rule. For purposes hereof, “electronic signature” means a manually-signed original signature that is then transmitted by electronic means; transmitted by electronic means” means sent in the form of a facsimile or sent via the internet as a “pdf” (portable document format) or other replicating image attached to an e-mail message; and, “electronically signed document” means a document transmitted by electronic means and containing, or to which there is affixed, an electronic signature.

Appears in 3 contracts

Samples: Requirements Service Agreement, Requirements Service Agreement, Full Requirements Service Agreement

Transaction Confirmation. A Transaction shall be documented in a Transaction Confirmation in the form attached hereto as Exhibit A. On the next Business Day following the Business Day on which Seller is selected as a provider of Full Requirement Service, Buyer will forward by facsimile or other immediate electronic means acceptable to both Parties, to Seller a partially executed Transaction Confirmation(s). Separate Transaction Confirmations will be executed for each winning bid. Should such Transaction(s) be the initial Transaction(s) with the Seller under the current RFP solicitation, then Buyer will forward by facsimile or other immediate electronic means acceptable to both Parties, to Seller a partially executed Agreement. Except as otherwise provided in the RFP, by 2:00 p.m. EPT on the next Business Day following Seller’s receipt of the partially executed Transaction Confirmation(s) and Agreement, as applicable, Seller shall return by facsimile, or other immediate electronic means acceptable to both Parties, to Buyer a fully executed Transaction Confirmation(s), and the Agreement signature page, as applicable. By close of the same Business Day on which Buyer Xxxxx is in receipt of the fully executed Transaction Confirmation(s) and Agreement, as applicable, Buyer shall submit a copy of the Transaction Confirmation(s) to the Maryland PSC for review and determination of compliance with the Buyer’s Utility Bid Plan. In a public hearing on the day following BuyerXxxxx’s submission of fully executed Transaction Confirmation(s) to the PSC, the PSC will review the results of the procurements. Unless it orders otherwise, the PSC will approve the Transaction Confirmations no later than two days following the full execution of the transactions. The Parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such Party to this Agreement. The Parties agree that any electronically signed document (including this Agreement) shall be deemed (i) to be “written” or “in writing,” (ii) to have been signed and (iii) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files. Such paper copies or “printouts,” if introduced as evidence in any judicial, arbitral, mediation or administrative proceeding, will be admissible as between the Parties to the same extent and under the same conditions as other original business records created and maintained in documentary form. Neither Party shall contest the admissibility of true and accurate copies of electronically signed documents on the basis of the best evidence rule or as not satisfying the business records exception to the hearsay rule. For purposes hereof, “electronic signature” means a manually-signed original signature that is then transmitted by electronic means; transmitted by electronic means” means sent in the form of a facsimile or sent via the internet as a “pdf” (portable document format) or other replicating image attached to an e-mail message; and, “electronically signed document” means a document transmitted by electronic means and containing, or to which there is affixed, an electronic signature.

Appears in 2 contracts

Samples: Requirements Service Agreement, Requirements Service Agreement

Transaction Confirmation. A Transaction shall be documented in a Transaction Confirmation in the form attached hereto as Exhibit A. On the next Business Day following the Business Day on which Seller is selected as a provider of Full Requirement Service, Buyer will forward by facsimile or other immediate electronic means acceptable to both Parties, to Seller a partially executed Transaction Confirmation(s). Separate Transaction Confirmations will be executed for each winning bid. Should such Transaction(s) be the initial Transaction(s) with the Seller under the current RFP solicitation, then Buyer will forward by facsimile or other immediate electronic means acceptable to both Parties, to Seller a partially executed Agreement. Except as otherwise provided in the RFP, by 2:00 p.m. EPT on the next Business Day following Seller’s receipt of the partially executed Transaction Confirmation(s) and Agreement, as applicable, Seller shall return by facsimile, or other immediate electronic means acceptable to both Parties, to Buyer a fully executed Transaction Confirmation(s), and the Agreement signature page, as applicable. By close of the same Business Day on which Buyer is in receipt of the fully executed Transaction Confirmation(s) and Agreement, as applicable, Buyer shall submit a copy of the Transaction Confirmation(s) to the Maryland PSC for review and determination of compliance with the Buyer’s Utility Bid Plan. In a public hearing on the day following Buyer’s submission of fully executed Transaction Confirmation(s) to the PSC, the PSC will review the results of the procurements. Unless it orders otherwise, the PSC will approve the Transaction Confirmations no later than two days following the full execution of the transactions. The Parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such Party to this Agreement. The Parties agree that any electronically signed document (including this Agreement) shall be deemed (i) to be “written” or “in writing,” (ii) to have been signed and (iii) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files. Such paper copies or “printouts,” if introduced as evidence in any judicial, arbitral, mediation or administrative proceeding, will be admissible as between the Parties to the same extent and under the same conditions as other original business records created and maintained in documentary form. Neither Party shall contest the admissibility of true and accurate copies of electronically signed documents on the basis of the best evidence rule or as not satisfying the business records exception to the hearsay rule. For purposes hereof, “electronic signature” means a manually-signed original signature that is then transmitted by electronic means; transmitted by electronic means” means sent in the form of a facsimile or sent via the internet as a “pdf” (portable document format) or other replicating image attached to an e-mail message; and, “electronically signed document” means a document transmitted by electronic means and containing, or to which there is affixed, an electronic signature.

Appears in 2 contracts

Samples: Requirements Service Agreement, Requirements Service Agreement

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Transaction Confirmation. A Transaction shall be documented in a Transaction Confirmation in the form attached hereto as Exhibit A. On the next Business Day following the Business Day on which Seller is selected as a provider of Full Requirement Service, Buyer will forward by facsimile or other immediate electronic means acceptable to both Parties, to Seller a partially executed Transaction Confirmation(s). Separate Transaction Confirmations will be executed for each winning bid. Should such Transaction(s) be the initial Transaction(s) with the Seller under the current RFP solicitation, then Buyer will forward by facsimile or other immediate electronic means acceptable to both Parties, to Seller a partially executed Agreement. Except as otherwise provided in the RFP, by 2:00 p.m. EPT on the next Business Day following Seller’s receipt of the partially executed Transaction Confirmation(s) and Agreement, as applicable, Seller shall return by facsimile, or other immediate electronic means acceptable to both Parties, to Buyer a fully executed Transaction Confirmation(s), and the Agreement signature page, as applicable. By close of the same Business Day on which Buyer Xxxxx is in receipt of the fully executed Transaction Confirmation(s) and Agreement, as applicable, Buyer shall submit a copy of the Transaction Confirmation(s) to the Maryland PSC for review and determination of compliance with the Buyer’s Utility Bid Plan. In a public hearing on the day following BuyerXxxxx’s submission of fully executed Transaction Confirmation(s) to the PSC, the PSC will review the results of the procurements. Unless it orders otherwise, the PSC will approve the Transaction Confirmations no later than two days following the full execution of the transactions. The Parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such Party to this Agreement. The Parties agree that any electronically signed document (including this Agreement) shall be deemed (i) to be “written” or “in writing,” (ii) to have been signed and (iii) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files. Such paper copies or “printouts,” if introduced as evidence in any judicial, arbitral, mediation or administrative proceeding, will be admissible as between the Parties to the same extent and under the same conditions as other original business records created and maintained in documentary form. Neither Party shall contest the admissibility of true and accurate copies of electronically signed documents on the basis of the best evidence rule or as not satisfying the business records exception to the hearsay rule. For purposes hereof, “electronic signature” means a manually-signed original signature that is then transmitted by electronic means; transmitted by electronic means” means sent in the form of a facsimile or sent via the internet as a “pdf” (portable document format) or other replicating image attached to an e-e- mail message; and, “electronically signed document” means a document transmitted by electronic means and containing, or to which there is affixed, an electronic signature.

Appears in 1 contract

Samples: Requirements Service Agreement

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