Common use of Order and Payment Clause in Contracts

Order and Payment. (a) DISTRIBUTOR shall, with respect to the calendar quarter commencing on April 1, 1991, and for all calendar quarters thereafter during the term of this Agreement, submit to TAJIMA through NAC a quarterly report setting forth its forecast of the quantity of the PRODUCTS which DISTRIBUTOR expects to purchase for such quarter. The forecast with respect to the calendar quarter commencing on April 1, 1991 shall be submitted to NAC no later than February 28, 1991, and each such subsequent forecast shall be submitted to NAC not later than sixty (60) days prior to the first day of the relevant quarter. (b) DISTRIBUTOR agrees to make all purchases of the PRODUCTS by submitting purchase orders for the PRODUCTS to NAC. All such sales by and between NAC and DISTRIBUTOR shall be upon the terms and conditions contained in the NAC'S form of "Confirmation of Sale", including, but not limited to, price, delivery, risk of loss, retention of title, and payment (the "INDIVIDUAL CONTRACT"). Provided, however, in the event of a conflict between the terms of any such Confirmation of Sale and this Agreement, the terms and conditions of this Agreement shall control. (c) DISTRIBUTOR agrees to buy the PRODUCTS based on the current price list provided by NAC. The said price list may be modified from time to time by written notice to DISTRIBUTOR, and, any such modification shall apply to all orders submitted on or after the date of written notice to DISTRIBUTOR of such modification.

Order and Payment. (a) DISTRIBUTOR shall, with respect to the calendar quarter commencing on April 1, 19911997, and for all calendar quarters thereafter during the term of this Agreement, submit to TAJIMA through NAC a quarterly report setting forth its forecast of the quantity of the PRODUCTS which DISTRIBUTOR expects to purchase for such quarter. The forecast with respect to the calendar quarter commencing on April 1, 1991 1997 shall be submitted to NAC no later than February 28, 19911997, and each such subsequent forecast shall be submitted to NAC not later than sixty (60) days prior to the first day of the relevant quarter. (b) DISTRIBUTOR agrees to make all purchases of the PRODUCTS by submitting purchase orders for the PRODUCTS to NAC. All such sales by and between NAC and DISTRIBUTOR shall be upon the terms and conditions contained in the NAC'S 's form of "Confirmation of Sale", including, but not limited to, price, delivery, risk of loss, retention of title, and payment (the "INDIVIDUAL CONTRACT"). Provided, however, in the event of a conflict between the terms of any such Confirmation of Sale and this Agreement, the terms and conditions of this Agreement shall control. (c) DISTRIBUTOR agrees to buy the PRODUCTS based on the current price list provided by NAC. The said price list may be modified from time to time by written notice to DISTRIBUTOR, and, any such modification shall apply to all orders submitted on or after the date of written notice to DISTRIBUTOR of such modification.