Confirmed Orders Sample Clauses

Confirmed Orders. Each purchase and sale of Product hereunder shall be consummated by conversational approval via phone, email or instant message acknowledged by Gavilon and Producer (each, a “Confirmed Order”) and shall be evidenced by a separate sales contract, sent by Gavilon to Producer, substantially in the form of Exhibit “C” attached hereto. Each Confirmed Order shall specify the quantity, Delivery date(s), the Price, or Price referenced to a Market Value, and any such other information as the Parties may agree to include. Producer shall execute the applicable Confirmed Order and email the executed document to Gavilon. 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. To the extent that any terms of any Confirmed Order conflict with the terms of this Agreement, the terms of this Agreement shall govern, unless, both Parties have specifically expressed their intent in writing to supersede the terms of this Agreement.
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Confirmed Orders. In the event that Buyer desires to have Gavilon assist in originating or supplying Corn for the Plant, it is understood that, in all events, pricing of Corn shall be quoted by Gavilon and either accepted or rejected by Buyer. Price quotations for Corn deliveries shall be submitted to Buyer by Gavilon prior to purchases, substantially in the form of Exhibit “A-1” attached hereto. It is understood that such quotations shall correlate to the forward-delivered price of the corn as established by [ * * * ], adjusted to reflect deviations from then-current market conditions (either at a premium or discount), as well as [ * * * ]. Buyer shall reject or accept Gavilon’s price quotation within the time period set forth on any written quotations or immediately with respect to any quotations offered via telephone. Such acceptances shall constitute “Confirmed Orders” and the price in $/bushel thereunder shall be the Delivered Corn Price for the applicable Corn. The Delivery Schedule shall reflect and be further governed by such Confirmed Orders of Corn. The Parties understand and agree that either party may record telephone conversations in the ordinary course of their respective businesses for purposes of, among other things, further documenting the quotation and acceptance of Corn prices in order to establish and verify Confirmed Orders. Gavilon shall be responsible for the sourcing and delivery of each Corn purchase per the Confirmed Orders.
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Confirmed Orders. The price of the Products on all confirmed orders not Delivered as of the effective date of this Agreement shall be increased twenty percent (20%).
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Confirmed Orders. It is understood that, in all events, pricing of Feedstock shall be quoted by LIPID and either accepted or rejected by Buyer. Price quotations for Feedstock deliveries shall be submitted to Buyer by LIPID prior to purchases. The Parties understand and agree that telephone conversations are recorded by LIPID and may be recorded by Buyer in the ordinary course of their respective businesses for purposes of, among other things, further documenting the quotation and acceptance of Feedstock prices in order to establish and verify Confirmed Orders. LIPID shall be responsible for ordering, purchasing, and delivery for each Feedstock purchase per the Confirmed Orders. Quotations and acceptance and rejection of LIPID offers shall be executed utilizing the automated order confirmation process provided by Section 3.2.
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Confirmed Orders. It is understood that, in all events, pricing of Biodiesel shall be bid by Purchaser and either accepted or rejected by Seller. Net Price bids (prior to the incurrence of Logistics Costs) for Biodiesel shipments shall be submitted to Seller by Purchaser, and Seller shall reject or accept the price bid by the close of that same business day or earlier if notified by Purchaser of price changes due to specific market conditions. Such Net Price bids that are not expressly rejected by Seller at least fifteen (15) days prior to the first day of the month in which the applicable Biodiesel shipment is to be made shall be deemed accepted by Purchaser. Such acceptances shall constitute “Confirmed Orders” and the price in $/gallon thereunder shall be the Net Price (prior to the incurrence of Logistics Costs) for the applicable Biodiesel. The monthly schedules of the Delivery Schedule shall reflect and be further governed by such Confirmed Orders of Biodiesel. The Parties understand and agree that telephone conversations are recorded by Purchaser and may be recorded by Seller in the ordinary course of their respective businesses for purposes of, among other things, further documenting the quotation and acceptance of Biodiesel prices in order to establish and verify Confirmed Orders. Purchaser shall be responsible for marketing, selling, and shipment for each gallon of Biodiesel per the Confirmed Orders.
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Confirmed Orders. It is understood that, in all events, pricing of Feedstock shall be quoted by CTG and either accepted or rejected by Buyer. Price quotations for Feedstock deliveries shall be submitted to Buyer by CTG prior to purchases. Buyer shall notify CTG of any rejection or acceptance of the price quotation by the close of that same business day (i.e., 5pm CST). Final price to be further determined by actual movement in futures prices which will be a moving target amongst most price quotes, until order is confirmed. Price quotations that are not expressly rejected by Buyer at least fifteen (15) days prior to the first day of the month in which the applicable Feedstock delivery is to be made shall be deemed accepted by Buyer. Such acceptances shall constitute “Confirmed Orders” and the price in $/LB thereunder shall be the Delivered Feedstock Price for the applicable Feedstock. The monthly schedules of the Delivery Schedule shall reflect and be further governed by such Confirmed Orders of Feedstock. The Parties understand and agree that telephone conversations are recorded by CTG and may be recorded by Buyer in the ordinary course of their respective businesses for purposes of, among other things, further documenting the quotation and acceptance of Feedstock prices in order to establish and verify Confirmed Orders. CTG shall be responsible for ordering, purchasing, and delivery for each Feedstock purchase per the Confirmed Orders.
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Confirmed Orders. It is understood that, in all events, pricing of Biodiesel shall be bid by CTG and either accepted or rejected by Seller. Price bids for Biodiesel shipments shall be submitted to Seller by CTG on all Biodiesel to be produced at the Plant pursuant to the Delivery Schedule, and Seller shall reject or accept the price bid by the close of that same business day or earlier if notified by CTG of price changes due to specific market conditions. Price bids that are not expressly rejected by Seller at least fifteen (15) days prior to the first day of the month in which the applicable Biodiesel shipment is to be made shall be deemed accepted by Buyer. Such acceptances shall constitute “Confirmed Orders” and the price in $/gallon thereunder shall be the Price for the applicable Biodiesel. The monthly schedules of the Delivery Schedule shall reflect and be further governed by such Confirmed Orders of Biodiesel. The Parties understand and agree that telephone conversations are recorded by CTG and may be recorded by Seller in the ordinary course of their respective businesses for purposes of, among other things, further documenting the quotation and acceptance of Biodiesel prices in order to establish and verify Confirmed Orders. CTG shall be responsible for marketing, selling, and shipment for each gallon of Biodiesel per the Confirmed Orders.
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Confirmed Orders. It is understood that, in all events, pricing of Biodiesel shall be bid by Purchaser and either accepted or rejected by Seller. Price bids for Biodiesel shipments shall be submitted to Seller by Purchaser, and Seller shall reject or accept the price bid by the close of that same business day or earlier if notified by Purchaser of price changes due to specific market conditions. Price bids that are not expressly rejected by Seller at least fifteen (15) days prior to the first day of the month in which the applicable Biodiesel shipment is to be made shall be deemed accepted by Purchaser. Such acceptances shall constitute “Confirmed Orders” and the price in $/gallon thereunder shall be the Price for the applicable Biodiesel. The monthly schedules of the Delivery Schedule shall reflect and be further governed by such Confirmed Orders of Biodiesel. The Parties understand and agree that telephone conversations are recorded by Purchaser and may be recorded by Seller in the ordinary course of their respective businesses for purposes of, among other things, further documenting the quotation and acceptance of Biodiesel prices in order to establish and verify Confirmed Orders. Purchaser shall be responsible for marketing, selling, and shipment of Biodiesel per the Confirmed Orders.
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Related to Confirmed Orders

  • Field Orders The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above).

  • Field Order A written order issued by Engineer which requires minor changes in the Work but does not change the Construction Contract Price or the Construction Contract Times.

  • Product Orders All Product orders shall be submitted by the Operators to DISTRIBUTOR and shall specify the location of the Operator’s Stores, the type of Product, and the quantity desired. Operators may place orders electronically (“Electronic Orders”) or by faxing DISTRIBUTOR’s customer service center in accordance with the guidelines detailed below. DISTRIBUTOR will also accept telephone orders on a very limited exception basis for those Operators approved in writing by the COMPANY. All shipment expenses from DISTRIBUTOR’s distribution center to the Operator’s location shall be at DISTRIBUTOR’s expense unless otherwise noted elsewhere in this Agreement. Product order guides will be provided by DISTRIBUTOR to the Operators monthly via DISTRIBUTOR’s website or email if so requested by Operator and, on a limited exception basis approved in writing by the COMPANY, with a hard copy mailed to the affected Store, with availability of such order guides to be made prior to the beginning of the month, but only after review and approval of the order guide by COMPANY. The order guides will be organized by Product categories and will include, among other things, the Product Sell Price (as defined herein), Product units and new Products. DISTRIBUTOR will assign one product code number to each stock-keeping unit (“SKU”) of each Product, which will be common throughout its entire distribution system and will be used on all documents such as order guides, invoices, monthly reports, etc. SKU’s, and, accordingly, the assigned product code number, must differ for equivalent Products supplied by different suppliers. Only Products approved for sale to its Operators by the COMPANY will be listed on this order guide. Electronic Orders will be placed via telephone modem or internet using DISTRIBUTOR’s automated order entry system. All orders are subject to the standard order cut-off time of 4:00 p.m. Pacific time, two (2) days prior to their scheduled delivery day, with the exception of Stores located in the States of Oregon, Washington, and Idaho, which must be submitted three (3) days prior to their scheduled delivery day. Operators will be notified prior to the time of final order cut-off if a product is expected to be out of stock so that an alternative may be ordered, subject to the provisions of Section 3.02. Operators will have until 5:00 p.m, one (1) day before their order shipping day to modify or add-on to their order (Saturday at 5:00 p.m. for Stores whose deliveries will leave DISTRIBUTOR’s facility on Monday). Where reasonably possible, DISTRIBUTOR will schedule ordering days and delivery days that are mutually agreed upon by and between DISTRIBUTOR and each Operator and will provide notice to the affected Operator of at least fourteen (14) days before routing changes. Except for deliveries to the states of Washington, Oregonand Idaho, wherever reasonably possible and unless approved in advance by the COMPANY, DISTRIBUTOR will include no more than one “skip day” between the date of order and date of delivery (Sunday is not counted as a skip day). For example, orders scheduled for delivery on Wednesday will be placed no earlier than Monday. Orders scheduled for delivery on Monday will be placed on Friday. In the event DISTRIBUTOR must include more than one “skip day” between the date of order and date of delivery it will notify COMPANY in advance and obtain COMPANY’s approval. In no event will there ever be more than two “skip days” permitted. DISTRIBUTOR may schedule deliveries on any day of the week. On an exception basis, DISTRIBUTOR will consider shortening the permissible time frames for scheduled deliveries for those Operators that, given unique and compelling business needs, require the same. Operator will be notified of any Product shortages at the time of order placement or, in the case of an Electronic Order, one (1) day prior to the loading of the delivery truck.

  • Forecasts and Orders 7.7.1. Not less than [*] prior to the first day of each Calendar Quarter (commencing with the first Calendar Quarter in which IMMEDICA orders Product from the LICENSOR hereunder), IMMEDICA shall prepare and provide the LICENSOR with a written forecast of its good faith estimated requirements for Product for each of [*] (each a “Forecast”). IMMEDICA shall not increase or decrease the quantity estimated for [*] of each Forecast from the quantity estimated for such periods in the previous Forecast. The quantities estimated for all subsequent Calendar Quarters of each Forecast shall be non-binding, and for planning purposes only. By way of example, if IMMEDICA issues a forecast on [*], [*] shall be binding on the Parties and the forecasts for [*] shall not be binding on the Parties. In addition, IMMEDICA will provide on a country-by-country basis its good faith estimated number of patients to be treated in the Forecast for the purposes of LICENSOR providing dosimetric doses of the Product. LICENSOR will supply dosimetric doses based on such Forecast of the Product in a manner it reasonably believes most efficient, provided however, it will ensure that dosimetric doses are supplied to all identified patients in accordance with the terms of this Agreement. Therapeutic doses of the Product will be supplied on a per patient basis pursuant to the terms of this Agreement. 7.7.2. The LICENSOR shall be required to supply the quantity of Product ordered by IMMEDICA under this Section 7.7 in any Calendar Quarter up to the quantity forecasted for the [*] of the most recent Forecast in a manner that is reasonably practical given the nature of the Product. If IMMEDICA’s orders in any Calendar Quarter exceed the quantity forecasted for the [*] of the most recent Forecast, the LICENSOR shall use commercially reasonable efforts to supply such excess. The LICENSOR shall use commercially reasonable efforts to meet IMMEDICA’s delivery requirements specified in accordance with Section 7.7.3. In the event of a shortfall, the LICENSOR shall promptly inform IMMEDICA and use Commercially Reasonable Efforts to apportion Product among IMMEDICA, the LICENSOR, and its other customers on a [*] according to their respective forecasts for the relevant period provided always that such forecasts were proposed in good faith. The LICENSOR shall not give priority of supply to its requirements or its licensees requirements for the Product outside the Territory. 7.7.3. IMMEDICA shall make all purchases under this Section 7.7 by submitting firm purchase orders to the LICENSOR. On a [*] basis, IMMEDICA shall submit such purchase order in writing in a form reasonably acceptable to the LICENSOR, and shall specify the quantity of Product ordered, the place of delivery and the required delivery date therefor, which shall not be less than [*] from after the date of such purchase order. On a continual basis, IMMEDICA shall inform LICENSOR as soon as practical of identified potential patient and when a dosimetric dose of Product has been administered. Except as otherwise expressly provided in this Agreement, the LICENSOR shall be paid for its supply of the Product via the royalty paid by IMMEDICA under Section 6.1.3. 7.7.4. During the Term of this Agreement, to the extent that IMMEDICA orders a quantity of Product that is less than the quantity specified in the binding [*] of the Forecasts provided under Section 7.7.1, IMMEDICA shall refund LICENSOR’s wasted out-of pocket costs of buying iodine 131 and/or reserving non- cancellable manufacturing slots to manufacture Product that was not subsequently ordered, subject to the provision by LICENSOR of appropoirate evidence of such costs and to the extent that such iodine 131 or such manufacturing slots cannot be reused or cancelled by LICENSOR.

  • Sale Order The Sale Order shall, among other things, (a) approve, pursuant to sections 105, 363 and 365 of the Bankruptcy Code, (i) the execution, delivery and performance by Sellers of this Agreement, (ii) the sale of the Acquired Assets to Buyer on the terms set forth herein and free and clear of all Encumbrances (other than Permitted Encumbrances), and (iii) the performance by Sellers of their obligations under this Agreement, (b) authorize and empower Sellers to assume and assign to Buyer the Transferred Contracts, (c) find that Buyer is a “good faith” purchaser within the meaning of section 363(m) of the Bankruptcy Code, find that Buyer is not a successor to any Seller, and grant Buyer the protections of section 363(m) of the Bankruptcy Code, (d) find that Buyer shall have no Liability or responsibility for any Liability or other obligation of any Seller arising under or related to the Acquired Assets other than as expressly set forth in this Agreement, including successor or vicarious Liabilities of any kind or character, including any theory of antitrust, environmental, successor, or transferee Liability, labor law, de facto merger, or substantial continuity, (e) find that Buyer has provided adequate assurance (as that term is used in section 365 of the Bankruptcy Code) of future performance in connection with the assumption of the Transferred Contracts, (f) find that Buyer shall have no Liability for any Excluded Liability, (g) find that the consideration provided by Buyer pursuant to this Agreement constitutes reasonably equivalent value and fair consideration for the Acquired Assets, (h) find that Buyer and Sellers did not engage in any conduct which would allow this Agreement to be set aside pursuant to section 363(n) of the Bankruptcy Code and (i) order that, notwithstanding the provisions of the Federal Rules of Bankruptcy Procedures 6004(h) and 6006(d), the Sale Order is not stayed and is effective immediately upon entry. Buyer agrees that it will promptly take such actions as are reasonably requested by any Seller to assist in obtaining Bankruptcy Court approval of the Sale Order, including furnishing affidavits or other documents or information for filing with the Bankruptcy Court for purposes, among others, of (A) demonstrating that Buyer is a “good faith” purchaser under section 363(m) of the Bankruptcy Code and (B) establishing adequate assurance of future performance within the meaning of section 365 of the Bankruptcy Code.