by Buyer definition

by Buyer. By: PRINCIPAL SELLERS: PIVOTAL CORPORATION /s/ Xxxxxx Xxxxxx --------------------------- XXXXXX XXXXXX By: /s/ Xxxxxxx Xxxxxx -------------------------- Name: Xxxxxxx Xxxxxx /s/ Marc Badha --------------------------- MARC BADHA Title: Vice President, Operations and Chief Financial Officer /s/ Xxxxxxx Xxxx --------------------------- XXXXXXX XXXX
Sample 1
by Buyer if the Closing has not occurred on or before May 31, 2004 or such later date as the parties may agree upon, unless the Buyer is in material Breach of this Agreement; or
Sample 1
by Buyer. Buyer's Affiliates") outside the Territory shall have the option to purchase Products subject to the terms of this Agreement. To the extent any such Buyer Affiliate elects to be added to the Facilities under this Agreement, its enzyme requirements and purchases shall be included in calculating whether Buyer has met the Volume and in determining Actual Annual Requirements. Nothing herein shall require Buyer's Affiliates outside the Territory to purchase Products from Supplier * CONFIDENTIAL TREATMENT REQUESTED -5- or prevent those entities from purchasing products from Supplier pursuant to a separate agreement. [...***...]
Sample 1

Examples of by Buyer in a sentence

  • Neither such inquiries nor any other due diligence investigation conducted by Buyer or any of its advisors or representatives shall modify, amend or affect Buyer’s right to rely on the Company’s representations and warranties contained in Section 3 below.

  • Seller would be required to provide all test facilities at his premises for acceptance and inspection by Buyer.

  • Neither such inquiries nor any other due diligence investigation conducted by Buyer or any of its advisors or representatives shall modify, amend or affect Buyer's right to rely on the Company's representations and warranties contained in Section 3 below.

  • Any extension of the Closing must be agreed upon, in writing, by Buyer and Seller.

  • If this subscription is rejected in whole, the Company shall return to Buyer, without interest, the Payment tendered by Buyer, in which case the Company and Buyer shall have no further obligation to each other hereunder.

  • The failure of Buyer to comply with these conditions shall constitute irrevocable acceptance of the goods by Buyer.

  • Buyer may elect to treat this Agreement as cancelled, in which case all Xxxxxxx Money paid by Buyer hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this Agreement as being in full force and effect and Buyer shall have the right to specific performance or damages, or both.

  • All taxes, duties and other governmental charges (other than general real property and income taxes), including any interest or penalties thereon, imposed directly or indirectly on Seller or required to be collected directly or indirectly by Seller for the manufacture, production, sale, delivery, importation, consumption or use of the Products sold hereunder (including customs duties and sales, excise, use, turnover and license taxes) shall be charged to and remitted by Buyer to Seller.

  • If Buyer fails to make payment or otherwise comply with these Terms or any related agreement, Seller may (without liability and in addition to other remedies) cancel any unshipped portion of Products sold hereunder and stop any Products in transit until Buyer pays all amounts, including amounts payable hereunder, whether or not then due, which are owing to it by Buyer.

  • The risk of loss from any casualty to the goods, regardless of the cause, shall be on Seller up to the time of receipt of the goods by Buyer at the place of delivery, but only after any proper inspection has been completed without rejection of the goods.


More Definitions of by Buyer

by Buyer. Buyer's Attorneys' Fees Recording Fees for Deed Recording Fees for Covenants, if any Title Insurance Premiums for any extended coverage requested by Buyer
Sample 1
by Buyer. Buyer shall have the responsibility to install the Products, test the installed Products, provide first-level customer support, and train the customers with respect to the Products sold. Seller agrees to provide field assistance in these areas when requested by Unisys during the first six months of the Term of the Agreement, until Unisys personnel are fully trained. The services shall be performed by trained personnel of Buyer as described in Paragraph 4 (b) and shall be prompt and of the highest quality.
Sample 1

Related to by Buyer

  • Buyer has the meaning set forth in the preamble.

  • Project Buyer means the City’s employee assigned to serve as the contact person for Bidders/Sellers responding to Invitations For Bid or completing contracts herein.

  • Seller Damages shall have the meaning given to such term in Section 14.3.

  • Seller has the meaning set forth in the Preamble.

  • Purchaser means the organization purchasing the goods.

  • Buyers has the meaning set forth in the preamble.

  • Buyer Ancillary Agreements means all agreements, instruments and documents being or to be executed and delivered by Buyer under this Agreement or in connection herewith.

  • Contributor means Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.

  • the Buyer means the person who accepts a quotation or offer of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller;

  • Third Party Buyer means any Person other than (i) the Company or any of its Subsidiaries, (ii) any employee benefit plan of the Company or any of its Subsidiaries, (iii) the Investors or (iv) any Affiliates of any of the foregoing.

  • Buyer Party means Buyer or any Affiliate of Buyer that is a party to any Transaction Agreement.

  • Buyer Group has the meaning set forth in Section 15.1.

  • Sellers has the meaning set forth in the preamble.

  • Buyer Parties has the meaning set forth in the Preamble.

  • The Purchaser means the organization purchasing the Goods, as named in SCC.

  • Warranty Purchaser The Person described in Section 2.04 of the Trust Sale Agreement.

  • Purchased Assets has the meaning set forth in Section 2.1.

  • Buyer Losses shall have the meaning set forth in Section 11.1 hereof;

  • Contributors has the meaning set forth in the Preamble.

  • Purchaser Deliverables has the meaning set forth in Section 2.2(b).

  • Resale Damages means, with respect to any Rejected Purchase, an amount equal to (a) the positive net amount, if any, by which the applicable Price that would have been paid pursuant to Section 5.1 hereof for such Rejected Purchase, had it been accepted, exceeds the Resale Price multiplied by the quantity of that Rejected Purchase, plus (b) any applicable penalties assessed by ISO-NE or any other Person against Seller as a result of Buyer’s failure to accept such Products. Seller shall provide a written statement explaining in reasonable detail the calculation of any Resale Damages.

  • Seller Use means fuel used for gas compression, LPG plants and LNG plants, other gas needed by Seller's facilities to furnish the requirements of Buyers, together with unaccounted for gas. This gas shall be considered Included In Priority of Service Category 1. Other vital uses of Seller, such as flame stabilization requirements, will be met as long as such uses do not jeopardize service to its firm service Buyers.

  • Buyer Group Member means Buyer and its Affiliates and their respective successors and assigns.

  • Environmental Damages means all liabilities (including strict liability), losses, damages (excluding consequential, special, exemplary or punitive damages except to the extent such damages were imposed upon an Indemnitee as a result of any claims made against such Indemnitee by a governmental entity or any other third party), judgments, penalties, fines, costs and expenses (including fees, costs and expenses of attorneys, consultants, contractors, experts and laboratories), of any and every kind or character, at law or in equity, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, made, incurred, suffered, brought, or imposed at any time and from time to time, whether before or after the Release Date and arising in whole or in part from:

  • Other Sellers shall have the meaning set forth in Section 10.4.

  • Due Diligence Examination shall have the meaning set forth in Section 3.2.