BOTH PARTIES MUTUALLY AGREE Sample Clauses

BOTH PARTIES MUTUALLY AGREE. 1. That this Agreement and all contracts entered into under provisions of this Agreement shall be binding upon Sponsor and MARC; and 2. That no third party beneficiaries are intended to be created by this Agreement, nor do the parties herein authorize anyone not a party to this Agreement to maintain a suit for damages pursuant to the terms or provisions of this Agreement.
BOTH PARTIES MUTUALLY AGREE. 1. The BUYER agrees to pay the SELLER the sum of $ /Ton for product, product specifications $ /Ton for product, product specifications $ /Ton for product, product specifications $ /Ton for product, product specifications $ /Ton for product, product specifications $ /Ton for product, product specifications $ /Ton for product, product specifications $ /Ton for Cull – wood not meeting receiving mill specifications but is received and unloaded at ▇▇▇▇▇ and paid at a greatly reduced rate or rejected for payment $ _/Ton for biomass chipped or otherwise removed which is/are designated for harvesting in ARTICLE 1, Par. I of this 2. Payment for the forest products shall be made to the SELLER in the following manner: The BUYER shall have the loads weighed across any State certified or forest products industry scale, with the scale weight recorded on a written scale ticket. The BUYER shall submit payment to the SELLER based on the weight recorded on these scale tickets. The BUYER shall include with the payment all scale tickets and a Harvest Record and Sales Report based on the timber harvested and recorded on each scale ticket. The Harvest Records and Sales Report should recap the wood products weights and payment due to the SELLER. If cull occurs and cull amounts/weights are not indicated on scale tickets, the BUYER shall provide to the SELLER documentation from receiving ▇▇▇▇▇ showing cull amounts/weights for individual scale tickets and this information shall be made part of the Sales Report. This reporting and payment should be done once every week covering a continuous weekly period. The Buyer must make this weekly payment beginning at a minimum 14 days after harvest operations begin. Upon the expiration of 21 days without receiving payment after harvest operations begin, the SELLER will notify the BUYER in writing and by certified mail or by personal delivery, to the BUYER’s last known address stating the Seller’s demand for payment. Failure to make payment will subject the BUYER to litigation and/or prosecution under the law to include all associated costs for these actions by the SELLER for this purpose, under this contract.
BOTH PARTIES MUTUALLY AGREE. 1. That this Agreement and all contracts entered into under provisions of this Agreement shall be binding upon City of North Kansas City, Mo. and ▇▇▇▇; and 2. That no third party beneficiaries are intended to be created by this Agreement, nor do the parties herein authorize anyone not a party to this Agreement to maintain a suit for damages pursuant to the terms or provisions of this Agreement.
BOTH PARTIES MUTUALLY AGREE. 1. The BUYER agrees to pay the SELLER the sum of $ for all forest products which is/are designated for harvesting in ARTICLE 1, Par. I of this AGREEMENT. 2. Payment for the forest products shall be made to the SELLER in the following manner: Lump sum at the time of signing of AGREEMENT. 3. In lieu of a performance bond, $ submitted with the bid on the forest products shall be held in an escrow account with the SELLER pending satisfactory completion of performance by the BUYER of all terms, provisions, conditions, and obligations on the part of the BUYER to be performed or observed in this AGREEMENT. The amounts so deposited shall be held to cover (a) any amounts which have become due the SELLER hereunder and that remain unpaid by BUYER; (b) the amount of any damage to forest products or property caused by failure of BUYER to fully observe and perform all conditions herein with respect to BUYER'S operation under this agreement; and (c) any costs, damages, or expenses to which the SELLER may be put by reason of default or breach of any terms, provisions, conditions, or obligations on part of the BUYER to be performed or observed in this AGREEMENT. Upon written notification to the SELLER or his/her AGENT that forest products harvest has been completed, there shall be repaid to the BUYER any balance of said deposit remaining after BUYER'S obligations and performance in this AGREEMENT have been fulfilled. 4. The SELLER or his/her AGENT reserves the right to inspect all operations covered by this AGREEMENT on a periodic basis to determine whether or not the terms of this AGREEMENT are being carried out. The BUYER will notify SELLER two days prior to completion of timber harvesting and removal of logging equipment. 5. The SELLER or his/her AGENT reserves the right to adjust or suspend harvesting and/or hauling operations in their sole discretion when it is determined that ground conditions or harvesting practices would result in excessive damage to the road systems or forest resources. In the event of a suspension, the total AGREEMENT term will not be shortened but rather the suspension time will be added to the AGREEMENT term.

Related to BOTH PARTIES MUTUALLY AGREE

  • The Parties (i) the natural or legal person(s), public authority/ies, agency/ies or other body/ies (hereinafter “entity/ies”) transferring the personal data, as listed in Annex I.A. (hereinafter each “data exporter”), and (ii) the entity/ies in a third country receiving the personal data from the data exporter, directly or indirectly via another entity also Party to these Clauses, as listed in Annex I.A. (hereinafter each “data importer”) have agreed to these standard contractual clauses (hereinafter: “Clauses”).

  • By Mutual Agreement This Agreement may be terminated by mutual agreement of the parties.

  • Undertakings of both Parties 2.1 The Supplier and the Buyer each undertake that they shall: (a) report to the other Party every [enter number] months on: (i) the volume of Data Subject Request (or purported Data Subject Requests) from Data Subjects (or third parties on their behalf); (ii) the volume of requests from Data Subjects (or third parties on their behalf) to rectify, block or erase any Personal Data; (iii) any other requests, complaints or communications from Data Subjects (or third parties on their behalf) relating to the other Party’s obligations under applicable Data Protection Legislation; (iv) any communications from the Information Commissioner or any other regulatory authority in connection with Personal Data; and (v) any requests from any third party for disclosure of Personal Data where compliance with such request is required or purported to be required by Law, that it has received in relation to the subject matter of the Contract during that period; (b) notify each other immediately if it receives any request, complaint or communication made as referred to in Clauses 2.1(a)(i) to (v); (c) provide the other Party with full cooperation and assistance in relation to any request, complaint or communication made as referred to in Clauses 2.1(a)(iii) to (v) to enable the other Party to comply with the relevant timescales set out in the Data Protection Legislation; (d) not disclose or transfer the Personal Data to any third party unless necessary for the provision of the Services and, for any disclosure or transfer of Personal Data to any third party, (save where such disclosure or transfer is specifically authorised under the Contract or is required by Law) ensure consent has been obtained from the Data Subject prior to disclosing or transferring the Personal Data to the third party. For the avoidance of doubt the third party to which Personal Data is transferred must be subject to equivalent obligations which are no less onerous than those set out in this Annex; (e) request from the Data Subject only the minimum information necessary to provide the Services and treat such extracted information as Confidential Information; (f) ensure that at all times it has in place appropriate Protective Measures to guard against unauthorised or unlawful Processing of the Personal Data and/or accidental loss, destruction or damage to the Personal Data and unauthorised or unlawful disclosure of or access to the Personal Data; (g) take all reasonable steps to ensure the reliability and integrity of any of its personnel who have access to the Personal Data and ensure that its personnel: (i) are aware of and comply with their ’s duties under this Annex 2 (Joint Controller Agreement) and those in respect of Confidential Information (ii) are informed of the confidential nature of the Personal Data, are subject to appropriate obligations of confidentiality and do not publish, disclose or divulge any of the Personal Data to any third party where the that Party would not be permitted to do so; (iii) have undergone adequate training in the use, care, protection and handling of Personal Data as required by the applicable Data Protection Legislation; (h) ensure that it has in place Protective Measures as appropriate to protect against a Data Loss Event having taken account of the: (i) nature of the data to be protected; (ii) harm that might result from a Data Loss Event; (iii) state of technological development; and (iv) cost of implementing any measures; (i) ensure that it has the capability (whether technological or otherwise), to the extent required by Data Protection Legislation, to provide or correct or delete at the request of a Data Subject all the Personal Data relating to that Data Subject that the Supplier holds; and (i) ensure that it notifies the other Party as soon as it becomes aware of a Data Loss Event. 2.2 Each Joint Controller shall use its reasonable endeavours to assist the other Controller to comply with any obligations under applicable Data Protection Legislation and shall not perform its obligations under this Annex in such a way as to cause the other Joint Controller to breach any of its obligations under applicable Data Protection Legislation to the extent it is aware, or ought reasonably to have been aware, that the same would be a breach of such obligations