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Xxxxxxx Co Sample Clauses

Xxxxxxx Co. Plaintiff agreed to sell fertilizer in specific amounts for a specific price. The contract had a merger clause. After the contract was formed but before delivery, the market price for fertilizer dropped dramatically. Defendant refused to complete its purchases. Plaintiff resold at a lower price and sued for the difference between the contract price and the market price. The trial court ruled for plaintiff. The appellate court reversed because the trial court improperly excluded evidence of trade usage and course of dealing to show the contract really was not intended to be binding if the market changed dramatically. Merger clause: provision in contract saying this is the full, final agreement Function: say it is the full, final complete agreement (complete integration) Means completely integrated so can’t add terms unless court looks beyond face of the contract (merger clause might not be conclusive) Trial court basis: express language controls Complete integration means Parol Evidence is inadmissible Gap = contract doesn’t say what happens when there is a dramatic price fluctuation Express price in contract governs normal market fluctuations In the face of strong extrinsic evidence, we should assume there is a gap unless they very clearly say otherwise Parol Evidence: evidence about agreements that the parties made – promises that did not make it into written contract Course of Performance: how the parties act in performing this contract What did they do? Act in certain way while performing contract (might be boost for claiming there was PE at all)
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Xxxxxxx Co. Xxxxxx Co. Mecklenburg Cabarrus Stanly Co. Xxxxxxxxxx Xxxxx Co. Xxx Co. Xxxxxxx Co. Cleveland Co. Co. Union Co. Co. Cherokee Co. York Co. NC-SC (23) Anson Co. Xxxx Co. Xxxxxxx Co. Duplin Co. SC-NC (41) Xxxxxxx Xx. Xxxxxxxxx Xx.
Xxxxxxx Co. Never Gonna Dance" and Other Broadway Plays. At the Closing, Xxxxxxx Co. shall acquire and assume the liabilities of RKO Independent Production, a wholly owned subsidiary of RKO, for the purpose of exploiting "Never Gonna Dance" and other Broadway stage plays, in consideration solely of Xxxxxxx Co.'s agreement to assume all of the liabilities of RKO Independent Production.
Xxxxxxx Co and Xxxxxxx Capital, respectively, hereby terminate the Option Agreement and the Letter Agreement and release and discharge all of their rights and interests held by them pursuant to the provisions of the Option Agreement and the Letter Agreement and all documents relating to the transactions contemplated by such agreements.
Xxxxxxx Co. Limited.
Xxxxxxx Co. Ltd merely because it considers that justice so requires.‖
Xxxxxxx Co. The MOU between R.Bhaskar & Co., Chartered Accountants Xxxx Xxxxx – East, Chennai and Sri Xxxxxxxxxxxxx Women’s College, Xxxxxxxxx was signed in order to provide knowledge to the students of Commerce Department in the areas of Audit and Assurance Services, Tax Advisory, Income Tax filing, preparation of Financial Statements, Service Tax matters, etc. Programs, Seminars, workshops, etc. was also jointly organized by both the parties.
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Xxxxxxx Co. 2013 WI App 127, ¶2, 351 Wis. 2d 123, 839 N.W.2d 425. Summary judgment is appropriate if there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. WIS. STAT. § 802.08(2).
Xxxxxxx Co. A study of carriers of Staphylococcus aureus with special regard to quantitative bacterial estimations. Acta Med Scand Suppl 1965;436:1-­‐96.

Related to Xxxxxxx Co

  • Xxxxxxx, P E., as named in your application will receive a separate mailing detailing other program requirements, including Equal Employment Opportunity, reporting in-kind contributions, and Requests to Proceed. This information is also provided on our web site noted above. Your Chief Fiscal Officer will also receive a mailing pertaining to project financial information.

  • Xxxxxxxx District reserves the right to terminate or otherwise suspend this Contract if District's Board determines that funding is insufficient to remain fully open and calls for a District-wide furlough or similar temporary District reduction in operations. Any temporary closure shall not affect amounts due Contractor under this Contract, subject to a pro-rated adjustment for reduction in services or need for goods during the furlough.

  • XXXXXXX Xxxxxx X. Xxxxxxx

  • Xxxxxxxxx, X Xxxxxxx Chairman & CEO Barangay Bagumbayan Paracale, Camarines Norte Tel No. 0000-000-0000/000-0000 Email: xxxxxxxxx_xxxx@xxxxx.xxx November 4, 2008 November 3, 2033 Paracale, Camarines Norte Gold, Copper 173.9329

  • Xxxxxxxxxx, X X. 00000.

  • Xxxxxxxxx Xxxxx X. Xxxxxx

  • Xxxxxxxx, X X. Xxxxxx, as Trustee .................. 00 Xxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000

  • Xxxxxxxxxxx X Xxxx, Esq., shall have furnished to the Underwriters his written opinion, as Corporate Counsel of the Enterprise Parties, addressed to the Underwriters and dated such Delivery Date, in form and substance reasonably satisfactory to the Underwriters, substantially to the effect set forth in Exhibit B hereto.

  • Xxxxxxxxx, Esq If to the Trustee: The Bank of New York Mellon Corporate Trust Division 000 Xxxxxxxxx Xxxxxx, 0xx Xxxxx Xxxx Xxx Xxxx, XX 00000 Facsimile No.: (000) 000-0000 Attention: Corporate Trust Division The Issuer, any Guarantor or the Trustee, by notice to the others, may designate additional or different addresses for subsequent notices or communications. 92 All notices and communications to the Trustee or any Agent shall be deemed to have been duly given upon actual receipt thereof by such party. All other notices and communications (other than those sent to Holders) will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; when receipt acknowledged, if transmitted by facsimile or other electronic transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder of a Global Note will be delivered to the Depositary in accordance with its customary procedures. Any notice or communication to a Holder of a Definitive Note will be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Failure to give a notice or communication to a Holder or any defect in it will not affect its sufficiency with respect to other Holders. Except with respect to the Trustee and the Agents, if a notice or communication is given in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. In respect of this Indenture, the Trustee shall not have any duty or obligation to verify or confirm that the Person sending instructions, directions, reports, notices or other communications or information by electronic transmission is, in fact, a Person authorized to give such instructions, directions, reports, notices or other communications or information on behalf of the party purporting to send such electronic transmission; and the Trustee shall not have any liability for any losses, liabilities, costs or expenses incurred or sustained by any party as a result of such reliance upon or compliance with such instructions, directions, reports, notices or other communications or information. Each other party agrees to assume all risks arising out of the use of electronic methods, including any non-secure method, such as, but without limitation, by facsimile or electronic mail, to submit instructions, directions, reports, notices or other communications or information to the Trustee, including without limitation, the risk of the Trustee acting on unauthorized instructions, notices, reports or other communications or information, and the risk of interception and misuse by third parties. If the Issuer gives a notice or communication to Holders, it will give a copy to the Trustee and each Agent at the same time. The Trustee shall have the right to accept and act upon Instructions given pursuant to this Indenture and any related financing documents and delivered using Electronic Means as provided in Section 7.06.

  • Xxxxxxxxxx A grievance may be withdrawn at any time.

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