Confirmed Orders definition
Examples of Confirmed Orders in a sentence
In the event of a conflict between the terms of this Agreement and any Confirmed Orders, this Agreement shall govern.
If Gavilon fails to purchase and take delivery of any quantities of Product specified in Confirmed Orders, and Producer after using commercially reasonable efforts to mitigate any damage, has produced and must sell such Product to a substitute purchaser at a price lower than the applicable Price, Gavilon shall pay Producer the amount by which the applicable Price exceeds the actual sales price per ton, multiplied by the number of tons sold to the substitute purchaser.
Gavilon shall amend the Delivery Schedule to reflect dates and quantities for each Delivery of Product under Confirmed Orders, and the expected mode of transport for these shipments.
Confirmed Orders may be executed in counterpart and signatures exchanged by email shall be binding to the same extent as the original, with the executing Party waiving any requirement that the receiving Party produce or otherwise evidence the existence or delivery of the original.
Thereafter, this Agreement shall continue until terminated by either Party upon no less than sixty (60) days prior written notice, provided that such termination shall have no effect with respect to any Confirmed Orders entered into prior to the effectiveness of such termination.
No third-party sales shall affect any Confirmed Orders (as defined in Exhibit “A”) previously established between the Parties unless agreed upon in writing by both Parties.
Each of the Parties understands and agrees that except for quantity, type, quality and price quotations confirmed by the Parties in Confirmed Orders pursuant to this Exhibit “A”, the planned production rates, estimated costs, pricing and market information, and all other information furnished by the Parties in the preparation of the Delivery Schedules is for planning and informational purposes only.
For avoidance of doubt, the Parties agree that the provisions of Sections 8, 9, 10, 12, and 15 of the Terms and Conditions of a sales contract sent for any Confirmed Orders between Producer and Gavilon shall not apply provided that, such exclusion shall in no way render any provisions of this Agreement (including, without limitation, Section 8 of this Agreement) inapplicable.
Customer acknowledges and agrees that Confirmed Orders Cannot Be Cancelled.
If Purchaser fails to purchase and take delivery of any quantities of Biodiesel specified in Confirmed Orders, and Seller, using commercially reasonable efforts to mitigate any damage, has produced and must sell such Biodiesel to a substitute purchaser at a price lower than the applicable Price, Purchaser shall pay Seller the amount by which the Price exceeds the actual sales price per gallon, multiplied by the number of gallons sold to the substitute purchaser.