Sales and Use Clause Samples

The 'Sales and Use' clause defines the terms and conditions governing the sale, transfer, and permitted uses of goods or services under the agreement. It typically outlines what the buyer is allowed to do with the purchased items, such as restrictions on resale, modification, or use in specific contexts, and may address compliance with applicable laws or regulations. This clause ensures both parties have a clear understanding of their rights and obligations regarding the products or services, thereby reducing the risk of misuse or legal disputes.
Sales and Use. Removing electricity from data centers exemption only; lines 63.27 and 63.28
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Sales and Use. Supplier shall be responsible for any import, export, sales, use, excise, value-added, services, consumption, and other taxes, surcharges, cesses, fees, levies and duties, including those imposed by Indian Governmental Authorities, payable by Supplier on any goods or services used or consumed by Supplier in providing the Services where the tax is imposed on Supplier’s acquisition or use of such goods or services and the amount of tax is measured by Supplier’s costs in acquiring such goods or services. Supplier shall also be responsible for any import, export, sales, use, excise, value-added, services, or consumption tax and other taxes, surcharges, cesses, fees, levies and duties, including those imposed by Indian Governmental Authorities, that are assessed on the provision of the Services as a whole, or on any particular Service(s) or parts thereof by the jurisdictions from which Supplier is providing such Services. Advanta shall be responsible for any import, export, sales, use excise, value-added, services or consumption tax imposed by any jurisdiction in which Advanta is located or otherwise receives the Services, including without limitation such taxes imposed with respect to Services performed onsite at Advanta facilities. In the event that any new import, export, sales, use, excise, value added, services, consumption, or other taxes, surcharges, cesses, fees, levies and duties, including those imposed by Indian Governmental Authorities, are assessed on the provision of any of the Services in the future, the Party responsible for such taxes under the previous sentences of this Section 13.2 shall be responsible for the payment of such new or additional taxes.
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Sales and Use. Taxes Unless otherwise agreed by the Parties, all prices for Services are exclusive of sales tax, use tax, withholding tax, duties, charges and any other taxes or similar levies imposed by any governmental authority. AT&T will reimburse Supplier for applicable transaction taxes, except for taxes based on Supplier’s gross receipts or net income, that arise in any jurisdiction as a result of the transactions contemplated herein including, without limitation, all sales, use, value added, consumption, gross receipts (other than in lieu of net income tax), excise, stamp or transfer taxes, duties and fees (collectively “Transaction Taxes”), however designated. Transaction Taxes should be indicated as separate line items on invoices presented to AT&T at the time an invoice is prepared for Services. Should Transaction Taxes be invoiced on a supplemental invoice, AT&T agrees to remit such taxes provided an invoice is presented within sixty (60) days PROPRIETARY INFORMATION The information contained in this Agreement is not for use or disclosure outside AT&T, Supplier, their Affiliates and their third party representatives, except under written agreement by the contracting Parties. Page 44 AT&T Agreement No. 20100607.090.C of the date of the original invoice. AT&T specifically disclaims any liability for payment of Transaction Taxes not invoiced within such sixty (60)-day period. For any Services being purchased under this contract that AT&T determines, in good faith, to be exempt from applicable Transaction Taxes, AT&T agrees to provide Supplier with a timely and complete exemption certificate, should one be required by the taxing jurisdiction. Further, AT&T agrees to provide the appropriate exemption certificate to Supplier within forty-five (45) days of AT&T’s receipt of an invoice for the products purchased. If Supplier is required to pay any levies and/or assessments as a result of AT&T’s failure to provide a valid resale or exemption certificate or if AT&T fails to pay the Transaction Taxes after Supplier provides AT&T an invoice for them the amount of any payments so made by Supplier, plus any interest levied thereon, shall be promptly reimbursed by AT&T upon submission of Supplier’s invoice thereof; provided, however, Supplier must first provide AT&T timely notice of any pending levy or assessment for which Supplier will request indemnification from AT&T and allow AT&T to challenge such levies or assessments if AT&T deems such levies or assessments are inval...
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Sales and Use. Each of the Target Group Companies has collected all material sales and use Taxes required to be collected, and have remitted, or will remit on a timely basis (taking into account all timely and valid extensions), such amounts to the appropriate Governmental Entity, or have been furnished properly completed exemption certificates.
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Sales and Use. Tax inPharmative shall pay all sales, service, use taxes, if any, arising from this Agreement.
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Sales and Use. Unless otherwise agreed to in writing by the parties, Customer shall not distribute, sell or otherwise transfer the Goods to any party other than an end user. In suchevent, Emergent, among its other rights and remedies, may immediately disqualify the entity in breach from purchasing the Goods. Customer shall not distribute Goods across provincial borders prior to being sold to patients, without prior written approval of Emergent. Customer shall not act as a Health Canada recognized wholesaler or distributor without entering into a separate agreement with Emergent. The transfer or sale of the Goods purchased to any party other than patients constitutes a material breach of these terms. Minimum order quantity is 12 units (1 case), unless otherwise agreed upon between the parties.
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Related to Sales and Use

  • LICENSE AND USE 2.1 Subject to the terms and conditions of this Agreement, Polar hereby grants You, and You accept, a royalty-free, non-transferable, non-exclusive, worldwide and limited license to use the Licensed Materials solely for the purposes of proprietary application or services development and/or setting their priorities in application development purposes interacting through AccessLink with Polar Ecosystem, as well as to distribute the software parts of the Licensed Materials in binary form and grant sublicense to use Licensed Materials to Your Corporate Customers, if applicable, but then always under Your own license terms and conditions protecting sufficiently, but in no case with less stringent terms than in this Agreement Polar’s Intellectual Property Rights, the use and handling of Data and Licensed Materials and Member’s privacy settings. Any other use of the AccessLink is strictly prohibited. 2.2 In no event You may copy, export, re-export, sublicense, rent, loan, lease, disclose, sell, market, commercialize, re-license, otherwise transfer to any third party (other than Your Corporate Customers) or use or permit use of the Licensed Materials in any manner inconsistent with or not expressly permitted under this Agreement. You shall not (or attempt to) itself or permit others to decompile, reverse engineer, or disassemble, derive or determine the source code (including the logic, protocols or specifications incorporated or implemented therein) of the Licensed Materials or enable any disabled logic, protocols or specifications incorporated or implemented in the Licensed Materials. You may not use, or permit others use the Licensed Materials in creating a service similar to or competing with Polar Ecosystem and the primary purpose of your application and service shall be extending and improving the Member’s experience. There are no implied licenses or other implied rights granted under this Agreement, and all rights, save for those expressly granted hereunder, shall remain with Polar and its licensors. Also, any and all licenses with respect to Polar or third party patents (including essential patents) are specifically excluded from the scope of this Agreement, and those licenses need to be acquired separately from Polar or the respective right holders, as the case may be. 2.3 Your application or service must not interfere or attempt to interfere in any manner with the proper working of Polar Ecosystem, or any related Polar service, application or activity. Load testing without prior approval by Polar will be construed as interfering with the proper working of Polar Ecosystem and may result in blacklisting of Your application or service by Polar. Polar may use any technical means to overcome such interference, including without limitation, suspending or terminating access to the Polar Ecosystem. Your application or service must pass a consistent and accurate identification of itself to Polar Ecosystem as outlined in the Polar AccessLink API documentation (link). Except as expressly permitted by Polar, You may not use any automated means (e.g., scraping and robots) other than Your application or software to access, query or otherwise collect Data or any other information from Polar Ecosystem, or any Web site owned or operated by Polar.

  • Sources and Uses The sources and uses of the Loans shall be as set forth in Section 3.12.

  • Operation and Use So long as the Aircraft, Airframe or any Engine is subject to the Lien of this Trust Indenture, the Owner shall not operate, use or locate the Aircraft, Airframe or any Engine, or allow the Aircraft, Airframe or any Engine to be operated, used or located, (i) in any area excluded from coverage by any insurance required by the terms of Section 4.06, except in the case of a requisition by the U.S. Government where the Owner obtains indemnity in lieu of such insurance from the U.S. Government, or insurance from the U.S. Government, against substantially the same risks and for at least the amounts of the insurance required by Section 4.06 covering such area, or (ii) in any recognized area of hostilities unless covered in accordance with Section 4.06 by war risk insurance, or in either case unless the Aircraft, the Airframe or any Engine is only temporarily operated, used or located in such area as a result of an emergency, equipment malfunction, navigational error, hijacking, weather condition or other similar unforeseen circumstance, so long as Owner diligently and in good faith proceeds to remove the Aircraft from such area. So long as the Aircraft, the Airframe or any Engine is subject to the Lien of this Trust Indenture, the Owner shall not permit such Aircraft, Airframe or any Engine, as the case may be, to be used, operated, maintained, serviced, repaired or overhauled (x) in violation of any Law binding on or applicable to such Aircraft, Airframe or Engine or (y) in violation of any airworthiness certificate, license or registration of any Government Entity relating to the Aircraft, the Airframe or any Engine, except (i) immaterial or non-recurring violations with respect to which corrective measures are taken promptly by Owner or Permitted Lessee, as the case may be, upon discovery thereof, or (ii) to the extent the validity or application of any such Law or requirement relating to any such certificate, license or registration is being contested in good faith by Owner or Permitted Lessee in any reasonable manner which does not involve any material risk of the sale, forfeiture or loss of the Aircraft, Airframe or any Engine, any material risk of criminal liability or material civil penalty against Mortgagee or impair the Mortgagee's security interest in the Aircraft, Airframe or any Engine.

  • Access and Use Grantee agrees to license or otherwise make available to MassCEC in perpetuity, without charge, ▇▇▇▇▇▇▇’s interest in and copyright (if any) to all non-confidential materials prepared and produced in relation to the Project, including, without limitation, all plans, specifications, and analyses developed in connection with the Project and specified as being for MassCEC’s use and public dissemination; provided, however, that any and all inventions that are conceived or first reduced to use during the course of the Project shall be the sole property of Grantee (except that if jointly invented, title shall flow in accordance with United States patent law), and any licensing requests for such inventions shall be subject to good faith negotiations between the Parties. Grantee represents and warrants that Deliverables will not infringe on any copyright, right of privacy, or personal or proprietary rights of others.

  • Permitted Uses BA shall use Protected Information only for the purpose of performing BA’s obligations under the Contract and as permitted or required under the Contract and Addendum, or as required by law. Further, BA shall not use Protected Information in any manner that would constitute a violation of the Privacy Rule or the HITECH Act if so used by CE. However, BA may use Protected Information as necessary (i) for the proper management and administration of BA;