Purchase and Sale of Products. (a) Pursuant to Purchase Orders issued by MLNA/MLMX, Supplier shall sell and deliver to MLNA/MLMX, and MLNA/MLMX shall purchase from Supplier, Products specified in Purchase Orders. Such purchases and sales shall be for Products and Prices set forth on Schedule A. Any Affiliate of MLNA/MLMX shall also be entitled to issue Purchase Orders and purchase Products from Supplier under the terms of this Agreement. Only the specific MLNA/MLMX Party issuing a Purchase Order will be liable to Supplier for obligations in connection with a Purchase Order. Neither MLNA or MLMX or any Affiliate of either of them will be liable to Supplier for any obligations of any other MLNA/MLMX Party or Affiliate.
(b) During the term hereof, MLNA/MLMX may, but shall not be required to, provide Supplier with estimates or forecasts of MLNA/MLMX´s requirements for Products from Supplier. Any forecasts or estimates are for information purposes only and may be modified by MLNA/MLMX at any time and in its sole discretion. Any product quantities cited in or pursuant to this Agreement, except for quantities cited in a Purchase Order as firm, are preliminary and non-binding only. MLNA/MLMX makes no representation, warranty or agreement as to the quantity of products that it will purchase from Supplier, if any, or that MLNA/MLMX will buy Products exclusively from Supplier.
(c) MLNA/MLMX shall issue Purchase Orders to Supplier and Supplier shall confirm to MLNA/MLMX the receipt of each Purchase Order issued hereunder (each, a "Confirmation") within [NUMBER] Business Days following Supplier's receipt thereof. Each Confirmation must reference MLNA/MLMX's Purchase Order number and confirm acceptance of the Purchase Order unless Supplier timely advises MLNA/MLMX that Supplier is unwilling to accept any terms or conditions in the applicable Purchase Order that conflict with the terms and conditions of this Agreement. If Supplier fails to issue a Confirmation within the time set forth above or otherwise commences performance under such Purchase Order, Supplier will be deemed to have accepted the Purchase Order. MLNA/MLMX may withdraw any Purchase Order prior to Supplier's acceptance (or deemed acceptance) thereof.
(d) MLNA/MLMX may, in its sole discretion, on notice to Supplier, without liability or penalty, terminate all or any part of a Purchase Order with or without cause effective immediately or otherwise as specified in such notice. Upon any such termination, Supplier shall immediately cease wor...
Purchase and Sale of Products. Xxxx agrees to purchase and receive from the Company, and the Company agrees to sell and deliver to Xxxx, the entire Products output of the Refinery from and including the Commencement Date through the end of the Term of this Agreement, at the prices determined pursuant to this Agreement and otherwise in accordance with the terms and conditions of this Agreement.
Purchase and Sale of Products. If Commercial Production commences, Enova agrees to sell and Purchaser agrees to purchase Panther Drive Systems pursuant to the terms, conditions and provisions of this Agreement.
Purchase and Sale of Products. Subject to the terms and conditions of this Agreement, during the Term, BluBØX agrees to sell and/or license to Reseller the Products ordered by Reseller pursuant to Order Forms or Purchase Orders accepted by BluBØX in accordance with Section 3 below. This Agreement is neither a requirements nor an output contract.
Purchase and Sale of Products. Project Company shall sell and deliver and MAEM shall purchase, pay for and receive, or cause to be received, at the Delivery Point, all Products produced by the Generating Station. The purchase price payable to Project Company for any Product purchased or sold hereunder shall be the amount actually received by MAEM from a third party for such Product. For purposes of the foregoing sentence, MAEM shall be deemed to supply the Transition Power Agreements from the PJM market and shall not be deemed to supply Transition Power Agreements from Project Company’s
Purchase and Sale of Products. CBA agrees to sell to ABI, and ABI agrees to purchase from CBA and re-sell to the Alliance Wholesalers, the quantities of Products ordered by ABI from time to time hereunder. CBA acknowledges that ABI is not guaranteeing any level of Product sales; and that ABI's obligations under this Agreement are limited to making the Products available to the Alliance Wholesalers, it being understood that CBA assumes full responsibility for creating demand for the Products. Except for Product shipped directly by CBA as set forth in Section 11.07, (i) all purchases of Product by ABI from CBA shall be on an F.O.B. ABI Distribution Facility, freight prepaid basis, and (ii) CBA shall ship Products to be delivered to an Alliance Wholesaler to the ABI Distribution Facility designated from time to time by ABI for such Alliance Wholesaler.
Purchase and Sale of Products. Buyer agrees to purchase from Seller and Seller agrees to supply Buyer with the products described on Exhibit A (“Products”) from Seller’s locations identified in Exhibit A (“Locations”) to Buyer’s location in Cleveland Ohio. For the avoidance of doubt, Buyer is not obligated to order Products and Buyer has no volume commitment for Products. Products will be sold in the form of plate, extrusions or cast billet, and shall meet the specifications and requirements set forth in Exhibit B or the ordinary and customary revisions applicable to the specifications and requirements that exist as of the issuance of the Order (“Specifications”).
Purchase and Sale of Products. (a) In accordance with the terms and conditions of this Agreement, Sherwood-D&G shall manufacture and sell the Products to Customer, and Customer shall purchase the Products from Sherwood-D&G. 2(b) Sherwood-D&G shall maintain Sufficient Production Capacity at all times during the term of this Agreement. Upon receipt of written purchase orders from Customer using Customer's standard form of purchase Order, Sherwood-D&G shall manufacture and deliver Component Sets and Plungers in accordance with such written purchase orders, provided, however, notwithstanding anything to the contrary herein, Sherwood-D&G shall only be obligated to manufacture and deliver an average of four million one hundred sixty-six thousand six hundred sixty-seven (4,166,667) Component Sets and the quantity of acceptable Plungers that it has the capacity and capability to manufacture, as set forth in Section 2(c) hereof, each month against such purchase orders during the term of this Agreement. Sherwood-D&G shall keep Customer informed of its capacity and capability to manufacture acceptable Plungers. Nothing contained herein shall require Customer to order any minimum quantity of Products at any time during the term of this Agreement.
Purchase and Sale of Products. Subject to the terms and conditions of this Agreement, during the Term, XxxXXX agrees to sell and/or license to Reseller the Products ordered by Reseller pursuant to Order Forms or Purchase Orders accepted by BluBØX in accordance with Section 3 below. This Agreement is neither a requirements nor an output contract.
Purchase and Sale of Products. Pursuant to the terms and conditions of this Agreement and for the duration of this Agreement, Manufacturer shall manufacture, sell and deliver to Company all Product ordered by Company, and Company shall purchase and take delivery from Manufacturer Product ordered by Company in Firm Purchase Orders. Company shall have the right at all times to obtain Products from one or more second sources.
