BINDING CONTRACTS Clause Samples

BINDING CONTRACTS. User acknowledges that by using the ECS, it may enter into binding contracts with PG&E and with third parties. User agrees that (i) any and all access or use of the ECS using the User IDs will be governed by this Agreement; (ii) any nomination or offer placed, any contract terms, conditions or exhibits accepted or confirmed, and any Transaction executed, on the ECS will be deemed to be "in writing," to have been signed," or be an "executed" writing; and (iii) accepting or entering into a Transaction by using the ECS, as it now exists or may in the future be modified, and subject to applicable tariffs, shall constitute a written contract (a "Contract"). With limitation of the foregoing, User agrees that it will be bound by any and all contract terms and conditions, including, but not limited to, the GTSA and NBAA, and by any and all nominations, offer, trades, or other Transactions executed, accepted or confirmed on the ECS through a "click" agreement by any individual using the User ID. By executing this Agreement, User agrees that it adopts as User's signature any such "click agreement," defined for purposes of this Agreement as "clicking" on the designated space on the ECS (or other action on the ECS specified by PG&E), and such "click agreement" will, together with this Agreement, constitute an executed writing. User agrees to waive any Statute of Frauds defense to the enforceability of any Contract arising from use of the ECS. User agrees and warrants that any employee or agent of User using the ECS shall have all necessary power and authority to use the ECS and enter into Transactions as herein provided. User warrants for itself and its successors and assigns that for each Transaction that User may enter into by using the ECS, User shall have all right, title, power and authority necessary to honor that Contract. 2.1. User and PG&E agree that this Article 2 is intended to benefit other users accessing the ECS, and that such other users are third party beneficiaries of this Article 2. User and PG&E do not intend hereby that other users are or will be third party beneficiaries of any other provisions of this Agreement.

BINDING CONTRACTS. Except as set forth on Exhibit "C" hereto, as of the Closing Date, the Corporation does not have any material contracts, commitments, arrangements or understandings, and, after the Closing, will not be bound by any material contract commitment, arrangement or understanding, including but not limited to employment agreements, employee benefit plans, leases, license, distributor or supply agreements, or any intercompany agreement, tax allocation agreement with any Seller, or any other related company, or any other material contracts or agreements whatsoever not otherwise set forth in this Agreement.

BINDING CONTRACTS. 8 Section 5.02. Ownership and Title to the Premises........................ 8 Section 5.03.

BINDING CONTRACTS. Except as Disclosed to Buyer or recorded against title to the Property, and except for the Assigned Contracts, the Ground Leases, the Leases, and the Loan Documents, Seller has not entered into any contracts, subcontracts or agreements encumbering any Property that will be binding upon Buyer after the Closing.

BINDING CONTRACTS. As of the date hereof and immediately after giving effect to the Closing, each contract, lease, license, purchase order, commitment instrument or other agreement to which any of the ASIG Entities is a party or by which any of the ASIG Entities or their respective assets or properties are otherwise bound (collectively the "Contracts") is, valid and binding, in full force and effect and enforceable in accordance with its terms, except to the extent such enforceability may be limited by or subject to the effect of any bankruptcy, insolvency, reorganization, moratorium or other similar laws now or hereafter in effect relating to or limiting creditors' rights generally or by general principles of equity (assuming proper authorization by all requisite corporate or, if not a corporation, by all other requisite action by the other party thereto, which, to Sellers' Knowledge, has occurred), except as disclosed on Schedule 6.10 or the other Schedules attached hereto. Except as disclosed in Schedule 6.10, each of the ASIG Entities has performed all material obligations required to be performed by it under the Contracts and is not (and with the passage of time or the giving of notice, or both, will not be) in breach or default in any material respect thereunder and, to Sellers' Knowledge, no other party to any of the Contracts is (or with the lapse of time or the giving of notice, or both, will be) in breach or default in any material respect thereunder. Except as disclosed in Schedule

BINDING CONTRACTS. Except as set forth hereto, as of the Closing Date, the Seller does not have any material contracts, commitments, arrangements or understandings, except for the employment agreement between Trident and ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, LLC and, after the Closing, will not be bound by any material contract commitment, arrangement or understanding, excluding employment agreements, if not otherwise set forth in this Agreement.

BINDING CONTRACTS. Except as set forth hereto, as of the Closing Date, the Seller does not have any material contracts, commitments, arrangements or understandings, and, after the Closing, will not be bound by any material contract commitment, arrangement or understanding, including but not limited to employment agreements, employee benefit plans, leases, license, distributor or supply agreements, or any inter-company agreement, tax allocation agreement with Seller, or any other related company, or any other material contracts or agreements whatsoever not otherwise set forth in this Agreement.

BINDING CONTRACTS. Except as disclosed in writing to NGIL, no contract, arrangement or understanding to which the Company is a party: (a) is outside the ordinary and proper course of business or is otherwise unusual; (b) has a period of more than 12 months to run from the date of this Agreement until its expiration or termination; (c) is incapable of being fulfilled or performed on time, or only with undue or unusual expenditure of money or effort; (d) is not on arm’s length terms; (e) provides that the Company will act as distributor of goods or services or as agent for another person; (f) is with PSU or any of them or a person controlling or controlled by PSU or any of them; or (g) involves or is likely to involve obligations or liabilities which, by reason of their nature or magnitude, should reasonably be made known to NGIL as intended transferees of or subscribers for Shares.

BINDING CONTRACTS. You agree that by "Accepting" a Quotation you are, in fact, agreeing to purchase the specific product on the terms and conditions set forth in the Quotation, and; that by "Placing" a Limit Order, if said Limit Order is "Matched" through the SYSTEM, you will be obligated to purchase the specific product subject to the terms and conditions set forth on such Limit Order. Furthermore, you represent that you are financially able to fulfill all obligations created by either "Accepting" a Quotation or by "Placing" a Limit Order which is subsequently matched through the SYSTEM and agree to "promptly settle" any and all such transactions and are fully capable, and in fact have analyzed the risks associated with the transaction(s) contemplated by you through accessing any utilizing the SYSTEM.