Remarketer Terms Attachment Clause Samples

Remarketer Terms Attachment. 16.1 Section 1, "Our Relationship" Item 4 is deleted because it does not apply to this business engagement. 16.2 Section 2, "Ordering and Delivery" This section is deleted because it does not apply to this business engagement. 16.3 Section 3, "Inventory Adjustments" This section is deleted because it does not apply to this business engagement. 16.4 Section 4, "Price, Invoicing, Payment and Taxes" Failure to Pay Any Amounts Due Item 1 is replaced with the following: 1. impose a finance charge, up to 1.5 percent per month on the unpaid balance of your invoice which was not paid during the required period; Item 3 is deleted because it does not apply to this business engagement. 16.5 Section 6, "Machine Code" This section is deleted because it does not apply to this business engagement. 16.6 Section 16, "Ending the Agreement" The following sentence is added to the end of the first paragraph of this section: Upon either party's termination of this Agreement for convenience, the wind-down provisions described in section 9, "Wind-Down Period," of the IBM Global Services' Network Services Exhibit may be exercised. Additionally, in the event of either party's notice of termination for cause, the cure provisions in section 10, "Cure Period," in that Exhibit will apply. StarMedia Network may terminate this Agreement, for convenience or for cause, entirely or separately for any participating country listed in the Profile 17. IBM Global Services' Network Services Terms Attachment for Remarketing Item 6 is modified to add the following sentence at the end of the item: For the purpose of this business engagement, provision of the service license containing IBM terms to End Users, is sufficient to satisfy this requirement for End Users; Item 9 is modified to add the following sentence at the end of the item: For the purpose of this business engagement, including a statement in your terms to End Users to the effect that "No third party provider of network connectivity services is liable to the End User for information and data the End User transmits using the services," is sufficient to satisfy this requirement;
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Related to Remarketer Terms Attachment

  • Purchase Terms Subject to the satisfaction of the conditions set forth in Article VII, the parties agree as follows:

  • ACCEPTANCE OF CONTRACT/TERMS AND CONDITIONS (a) This Contract integrates, merges, and supersedes any prior offers, negotiations, and agreements concerning the subject matter hereof and constitutes the entire agreement between the parties. (b) SELLER's acknowledgment, acceptance of payment, or commencement of performance, shall constitute SELLER's unqualified acceptance of this Contract. (c) Unless expressly accepted in writing by LOCKHEED ▇▇▇▇▇▇, additional or differing terms or conditions proposed by SELLER or included in SELLER's acknowledgment are objected to by LOCKHEED ▇▇▇▇▇▇ and have no effect. (d) The headings used in this Contract are inserted for the convenience of the parties and shall not define, limit, or describe the scope or the intent of the provisions of this Contract.

  • Standard Terms and Conditions Executive expressly understands and acknowledges that the Standard Terms and Conditions attached hereto are incorporated herein by reference, deemed a part of this Agreement and are binding and enforceable provisions of this Agreement. References to “this Agreement” or the use of the term “hereof” shall refer to this Agreement and the Standard Terms and Conditions attached hereto, taken as a whole.

  • Issuance and Terms of Equipment Notes The Equipment Notes shall be dated the date of issuance thereof, shall be issued in three separate series consisting of Series A, Series B and Series C and in the maturities and principal amounts and shall bear interest as specified in Schedule I hereto. On the date of the consummation of the Transactions, each Equipment Note shall be issued to the Subordination Agent on behalf of the Pass Through Trustees under the Pass Through Trust Agreements. The Equipment Notes shall be issued in registered form only. The Equipment Notes shall be issued in denominations of $1,000 and integral multiples thereof, except that one Equipment Note of each Series may be in an amount that is not an integral multiple of $1,000. Each Equipment Note shall bear interest at the Debt Rate (calculated on the basis of a year of 360 days comprised of twelve 30-day months) on the unpaid Original Amount thereof from time to time outstanding, payable in arrears on April 1, 1998, and on each October 1 and April 1 thereafter until maturity. The Original Amount of each Equipment Note shall be payable on the dates and in the installments equal to the corresponding percentage of the Original Amount as set forth in Schedule I hereto which shall be attached as Schedule I to the Equipment Notes. Notwithstanding the foregoing, the final payment made under each Equipment Note shall be in an amount sufficient to discharge in full the unpaid Original Amount and all accrued and unpaid interest on, and any other amounts due under, such Equipment Note. Each Equipment Note shall bear interest at the Payment Due Rate (calculated on the basis of a year of 360 days comprised of twelve 30-day months) on any part of the Original Amount, Make-Whole Amount, if any, and, to the extent permitted by applicable Law, interest and any other amounts payable thereunder not paid when due for any period during which the same shall be overdue, in each case for the period the same is overdue. Amounts shall be overdue if not paid when due (whether at stated maturity, by acceleration or otherwise). Notwithstanding anything to the contrary contained herein, if any date on which a payment under any Equipment Note becomes due and payable is not a Business Day then such payment shall not be made on such scheduled date but shall be made on the next succeeding Business Day and if such payment is made on such next succeeding Business Day, no interest shall accrue on the amount of such payment during such extension.

  • Standard Terms The ordinary net date (“Net Date”) shall be one hundred and fifty (150) days after the Payment Start Date. The “Payment Start Date” is the latest of the required date identified on this Order, the date of receipt of valid invoice by Buyer or the received date of the goods and/or services in Buyer’s receiving system. The received date of the goods and/or services in Buyer’s receiving system shall occur: (i) in the case where the goods are shipped directly to Buyer and/or services are performed directly for Buyer, with respect to such goods, within forty-eight (48) hours of Buyer’s physical receipt of the goods at its dock and with respect to such services, within forty-eight (48) hours of Supplier’s completion of the services; (ii) in the case of goods shipped directly to: (A) Buyer’s customer or a location designated by Buyer’s customer (“Material Shipped Direct” or “MSD”); or (B) a non-Buyer/non-customer location to be incorporated into MSD, within forty-eight (48) hours of Supplier presenting Buyer with a valid bill of lading confirming that the goods have been shipped from Supplier’s facility; and (iii) in the case where goods are shipped directly to or services are performed directly for a third party in accordance with this Order, with respect to such goods, within forty-eight (48) hours of Buyer’s receipt of written certification from the third party of its receipt of the goods and with respect to such services, within forty-eight (48) hours of Buyer’s receipt of written certification from the third party of Supplier’s completion of the services. Unless Buyer initiates payment on an early payment discount date as described in subsection (c) below, Buyer shall initiate payment on the Monthly Batch Payment Date or the Quarterly Batch Payment Date as described in subsection (b) below or on the Net Date.