Products to be sold Clause Samples

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Products to be sold. Products to be sold will be admitted at the discretion of the Market Manager based on items listed on the Vendor Agreement. If additional items are to be sold please see the Market Manager BEFORE set up. Vendors selling “like items” may be limited. All food handlers must have a Food Handlers Permit from the Health Department. • All Producers: Fresh food products they have personally prepared; meats, seafood, ciders, jams, jellies, baked goods, must meet all federal, state and local health requirements and have necessary licensing as well as any farm raised meats or eggs. A copy of said license or permit should be given to the market manager prior to set up. • Resellers: One who sells produce purchased directly from the ▇▇▇▇▇▇ in Washington or bordering areas directly to the consumer • Farmers: One who raises produce, animals or plants to be sold at the market.
Products to be sold. The Company hereby agrees to sell to DISTRIBUTOR Products covered in Exhibit “A.” A. DISTRIBUTOR shall be responsible for all costs of shipping the purchased Products from point of manufacture, San Juan Capistrano, California. B. The Company represents and agrees that it will use all commercially reasonable efforts to manufacture and deliver any Products ordered by DISTRIBUTOR on a priority basis, but in all events in a timely manner. Subject to availability of component parts and Acts of God, the Company will ship all orders within 45 days of receipt of funds. C. The Company shall be responsible for all manufacturing, operations, warehousing and shipping of all sales orders to all customers.
Products to be sold to Dealer during the term of this Agreement will be by way of purchase orders ("Orders") placed by the Dealer with Fujitsu. All preprinted terms and conditions on such Orders shall be governed and superseded by the terms and conditions of this Agreement and this Agreement shall in all events be the controlling document.
Products to be sold. (a) If at least 14 days before the Event you are provided with details of products of the Event’s sponsors (Notified Products), you must only sell: (i) the Notified Products; or (ii) products that do not compete with the Notified Products. (b) You must obtain all products to be sold at your own cost.
Products to be sold. The Company hereby agrees to sell to DISTRIBUTOR Products covered in Exhibit “A.” A. DISTRIBUTOR shall be responsible for all costs of shipping the purchased Products from its plant in S▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. B. The Company represents and agrees that it will use all commercially reasonable efforts to manufacture and deliver any Products ordered by DISTRIBUTOR on a priority basis, but in all events in a timely manner. Subject to availability of component parts and Acts of God, the Company will ship all orders within 45 days of receipt of funds.
Products to be sold. Restrictions; New Products 2.1 APTI agrees to sell to 3M and 3M agrees to buy from APTI the private label inflatable packaging products which are described in the attached Exhibit A (PRODUCTS). Specifications of the PRODUCTS will be agreed to between the parties and delivered to APTI prior to the commencement of this Agreement. APTI must not change PRODUCTS without the prior written consent of 3M. If APTI wishes to change a PRODUCT, then APTI will provide 3M with a written request to change the PRODUCT, including a description of the proposed change and whether or not the change would affect the price of the PRODUCT. 3M agrees to inform APTI concerning whether or not 3M is willing to consent to the change within ninety (90) days after receipt of the request. 2.2 a. APTI grants 3M, its subsidiaries and affiliates the exclusive right to distribute, sell or otherwise dispose of in the retail market throughout the world all PRODUCTS listed in section A of Exhibit A. The retail market includes selling directly and indirectly to consumers and small businesses. 3M will have the exclusive right to sell to mass merchants, warehouse clubs, office supply catalogs, drug stores, variety stores, grocery stores, hardware stores, home centers, bookstores, office superstores, retail mailing centers (e.
Products to be sold. According and subject to the conditions of this Agreement, the Buyer hereby undertakes to purchase from the Seller, and the Seller hereby undertakes to sell and transfer to the Buyer, 50,000 (Fifty Thousand) units of a cellular medical PDA product that is described in more details in Appendix A attached and incorporated hereby by reference (the "Purchased Products"). To remove doubt it is hereby agreed that the Purchased Products will include all the software necessary to operate according to the Product Specification (as defined above). However, the software to manage the subscribers and the center will be the Buyer's including the taking care of the EKG data to be transferred.
Products to be sold 

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  • Assets to be Sold On the Closing Date, subject to the terms and conditions set forth herein, Seller shall, provided that all of the conditions set forth in Section 7 hereto have been satisfied, sell, assign, transfer, convey and deliver to Buyer, and Buyer shall purchase and take from Seller, in each case effective as of July 1, 2011 (the “Effective Date”), all of Seller’s right, title and interest in and to the following assets in clauses (a) through (f) below (collectively, the “Sold Assets”), free and clear of all liabilities, debts, mortgages, liens, and encumbrances except as set forth in this Agreement: a. The Containers; such Containers being hereinafter referred to, collectively, as the “Sale Containers”; b. All right, title and interest of the Seller in any lease to which any Sale Container is subject on the Effective Date (each, a “Lease” and collectively, the “Leases”), in each case, to the extent (but only to the extent) of each Sale Container subject to the terms of such Lease (it being acknowledged and agreed that containers owned by various persons may be subject to the terms of a Lease); c. All of Seller’s right, title and interest in and to (i) any purchase agreement pursuant to which Seller acquired any of the Sale Containers, (ii) warranties by the manufacturers or original sellers of the Sale Containers, in each case, to the extent (but only to the extent) that such purchase agreement or warranty relates to a Sale Container, and (iii) any security deposit(s) held by Seller under a Lease to the extent (but only to the extent) that such security deposit relates to a Sale Container; d. All proceeds of the Sale Containers to the extent accrued on or after the Effective Date, including, without limitation, payments of rent, termination values, casualty values and insurance payments accrued with respect to the Sale Containers on or after the Effective Date; and e. All books, files, papers, correspondence, databases, documents, records and other documentation thereof regarding any of the Sale Containers that are maintained on behalf of Seller by CCC in the ordinary course of business (the “Books and Records”); provided, however, that, as long as CCC’s affiliate, Cronos Containers (Cayman) Ltd., a company organized and existing under the laws of the Cayman Islands (“CAY”), manages the Sale Containers for Buyer, then and in such event the Books and Records shall be maintained by and in the possession of CAY, except as otherwise directed by Buyer as owner of the Sale Containers.

  • Securities To Be Sold 2.8.2.1. The Public Securities have been duly authorized and reserved for issuance and when issued and paid for in accordance with this Agreement, will be validly issued, fully paid and non- assessable; the holders thereof are not and will not be subject to personal liability by reason of being such holders; except as may be disclosed in the Registration Statement, the Public Securities are not and will not be subject to the preemptive rights of any holders of any security of the Company or similar contractual rights granted by the Company; and all corporate action required to be taken for the authorization, issuance and sale of the Public Securities has been duly and validly taken. The Public Securities conform in all material respects to the descriptions thereof contained in the Registration Statement, the Statutory Prospectus and the Prospectus, as the case may be. 2.8.2.2. The Private Securities (and underlying securities) have been duly authorized and reserved for issuance and when issued and paid for in accordance with the Purchase Agreements, will be validly issued, fully paid and non-assessable; the holders thereof are not and will not be subject to personal liability by reason of being such holders; the Private Securities are not and will not be subject to the preemptive rights of any holders of any security of the Company or similar contractual rights granted by the Company; and all corporate action required to be taken for the authorization, issuance and sale of the Private Securities has been duly and validly taken. The Private Securities conform in all material respects to the descriptions thereof contained in the Registration Statement, the Statutory Prospectus and the Prospectus, as the case may be. The offer and sale of the Private Securities was exempt from the registration requirements of the Act.

  • Information to be Supplied (a) The information supplied or to be supplied by the Company for inclusion or incorporation by reference in (i) the Registration Statement will, at the time the Registration Statement is filed with the SEC and at the time it becomes effective under the Securities Act, not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements therein not misleading and (ii) the Schedule 13E-3 will, at the time it is first filed with the SEC and at any time it is amended or supplemented, not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements therein not misleading. (b) The Proxy Statement will, at the time of the mailing thereof and at the time of the Company Stockholder Meeting, not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they are made, not misleading or omit to state any material fact necessary to correct any statement in any earlier communication with respect to the solicitation of proxies for the Company Stockholder Meeting which has become untrue or misleading. (c) The Registration Statement and the Schedule 13E-3 (in each case with respect to information provided by or incorporated by reference from, the Company) and the Proxy Statement will comply as to form in all material respects with the provisions of the Securities Act and the Exchange Act. (d) Notwithstanding the foregoing, the Company makes no representation or warranty with respect to any statements made or incorporated by reference in the Registration Statement, the Proxy Statement or the Schedule 13E-3 based on information supplied by Holding or Acquiror for inclusion or incorporation by reference therein.

  • Payment for Forest Products Delivered Purchaser agrees to pay the State for delivered forest products at the following rate: $0.00/MBF $250.00/MBF for incorrect species delivery* $20/mbf for Utility logs (Adjusted Gross). Purchaser agrees to increase the above delivered payment rate as approved by the State in the event the location of delivery is changed per the G-026.2 clause. Purchaser will not be billed for any delivered logs that are scaled as containing metal. *When two or more log sorts from this project are delivered to the same destination, the species contained in them are not eligible for the species price reduction. Forest Products delivered that do not meet the sorting specifications in G-022.2 are considered mis-sorts. Purchaser receiving mis-sort Forest Products is required to pay the State at the bid price under this contract. However, when mis-sorted Forest Products amount to more than 5% of the total delivered sort volume, Purchaser may request approval for payment reduction for delivered volume exceeding the mis-sort threshold. Requests for payment reduction must be submitted to the State in writing prior to contract expiration. Eligibility for mis-sort payment reduction is subject to State approval and shall be determined by the State’s delivered product analysis. Forest Products determined by the State eligible for mis-sort price reduction are not eligible for any other price adjustments. Payment reduction for Forest Products deemed mis-sorted will be calculated as follows: Payment Reduction = (B x M) x R M = Mis-sorted volume exceeding threshold excluding utility R = Reduction factor* 0.2 for diameter mis-sort 0.3 for high quality mis-sort *Logs eligible for payment reduction based on multiple reduction factors will be calculated at the higher payment reduction factor. Third-party scaling organization information is required to determine ▇▇▇▇▇▇▇▇ mbf for payment reduction purposes. Value will be derived from the applicable sort value as described in this contract. Scale information for determining mis-sort payment reduction eligibility must be obtained from roll-out scale. Truck-ramp, sample scaling, and/or bundle scaling information is not acceptable for determining eligibility. Purchaser’s exclusive remedy for mis-sorts shall be the payment reduction described in this clause, notwithstanding other provisions in the Uniform Commercial Code Forest Products delivered that do not meet preferred log length specifications or multiples or combinations of preferred lengths and Forest Products delivered not meeting manufacturing standards as described in clause G-024.2 are considered mis- manufactured. Purchaser receiving mis-manufactured Forest Products is required to pay the State at the bid price under this contract. However, when mis-manufactured Forest Products amount to more than 8% of the total delivered sort volume, Purchaser may request approval for payment reduction for delivered volume exceeding the mis-manufacture threshold. Requests for payment reduction must be submitted to the State in writing prior to contract expiration. Eligibility for mis-manufacture payment reduction is subject to State approval and shall be determined by the State’s delivered product analysis. Forest Products determined by the State eligible for mis-manufacture price reductions are not eligible for any other price adjustments. Payment reduction for Forest Products deemed mis-manufactured will be calculated as follows: Payment Reduction = (B x M) x (0.2) Where: B = Bid rate from P-028.2 clause M = Mis-manufactured volume exceeding threshold excluding utility Third-party scaling organization information is required to determine ▇▇▇▇▇▇▇▇ mbf for payment reduction purposes. Value will be derived from the applicable sort value as described in this contract. Scale information for determining mis-manufacture payment reduction eligibility must be obtained from roll-out scale. Truck-ramp, sample scaling, and/or bundle scaling information is not acceptable for determining eligibility. Purchaser’s exclusive remedy for mis-manufacture shall be the payment reduction described in this clause, notwithstanding other provisions in the Uniform Commercial Code.

  • Purchase of Products You agree to purchase from Us the hardware products, software licenses and services listed on the Order Form, together with all existing accessories, attachments, replacements, and additions (collectively the “Products”) upon the terms stated herein. For the avoidance of doubt, postage meters for use in mailing machines are excluded from the definition of Products. This Purchase Agreement is binding on You as of the date You sign it. This Purchase Agreement is not binding on Us until We sign it or until the Products are shipped, whichever happens first.