TIMING OF SALES Clause Samples

TIMING OF SALES. DJ Pharma agrees that it shall not, by any artifice, or unreasonable action or omission cause sales of any of the Rondec Products, CCA Products or Keftab Products to occur later than they would otherwise have occurred. Such actions or acts of omission may include, without limitation, announcing or implementing changes in the price of the Products in such a way as to delay the filling of orders from one Contract Quarter or Contract Year to the next. If DJ Pharma has taken any such actions or committed any such act of omission then for all purposes of payment of amounts under Section 2 hereof such sales shall be treated as if made during the period they would have been made were it not for the act or omission on the part of DJ Pharma.
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TIMING OF SALES. Horizon agrees that it and its Affiliates shall not, by any action or act of omission cause sales of Products that would have otherwise occurred prior to the end of the fifth anniversary of the Effective Date, to occur after the fifth anniversary of the Effective Date. Such actions or acts of omission may include, without limitation, announcing or implementing changes in the price of Products, or delaying the filling of orders. AHP shall have the right to audit, in accordance with Section 4.5.2 hereof all of Horizon's records reasonably necessary to verify compliance with this Section and if AHP determines that either Horizon or its Affiliates has taken any such actions or committed any such act of omission then, for purposes of the payment of royalties under Section 4.2 hereof, the Net Sales of Product made during the three months after the fifth anniversary of the Effective Date shall be treated as if such sales occurred prior to the fifth anniversary of the Effective Date.
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TIMING OF SALES. A sale of THC PRODUCT for purposes of calculating NET SALES shall be deemed to have occurred at the earlier of invoicing or shipment by INSYS or its AFFILIATES or RELATED PARTIES to its non-AFFILIATE or RELATED PARTY customer.
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TIMING OF SALES. The Rights Holders agree to sell or otherwise --------------- transfer Registrable Securities pursuant to a Shelf Registration only during a Trading Window.
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TIMING OF SALES. The date on which a Member Sale occurs will be determined based upon the date of the underlying sale of the automobile in question as recognized by Supplier’s standard lead to sales-matching processes, rather than the date on which the sale is recognized (as had been the practice of the Parties under the Original Services Agreement), as reasonably determined by Supplier in the ordinary course of its business consistent with past practice. The timing of when any Trade-in or Sale or OEM Sale (each as defined below) occurs will be determined consistent with past practices under the Original Services Agreement.
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TIMING OF SALES. So long as Caraco is promptly performing its obligations pursuant hereto, Sun Global shall deliver to Caraco twenty five (25) Products during the term of this Agreement, with a minimum of four (4) Products to be delivered in each of the first four 12 month periods following the date first above written.
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TIMING OF SALES. So long as Caraco is promptly performing its obligations pursuant hereto, no less then five (5) Products shall be sold to Caraco by Sun or its affiliates every twelve (12) months commencing on the Closing Date; provided, however, that no determination of a failure to promptly perform may be made until the first anniversary of the Closing Date.
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TIMING OF SALES. This PSL Agreement applies only to sales of PSLs that occur prior to the Cut-Off Date, and the proceeds received therefrom (including any interest paid thereon and net of the disbursements described in Article VI) will be included as part of the GWCCA’s Public Contribution and applied to NSP Costs (as will be defined in the Project Development Agreement). All sales of PSLs after the Cut-Off Date will be made by and for the account of StadCo (or its designee), and StadCo will be entitled to the proceeds of such sales. StadCo will indemnify the GWCCA for, among others, any claims made against the GWCCA with respect to ▇▇▇▇▇▇’s sale of PSLs after the Cut-Off Date as provided in Section 9.7 herein.
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Related to TIMING OF SALES

  • Reporting of Sales to TIPS by Vendor The Participation Fee that was published as part of the Solicitation and the fee published is the legally effective fee, along with any fee conditions stated in the Solicitation. Collection of the fees by TIPS is required under Texas Government Code §791.011 Et seq. Fees are due on all TIPS purchases reported by either Vendor or Member. Fees are due to TIPS upon payment by the Member to the Vendor, Reseller or Vendor Assigned Dealer. Vendor, Reseller or Vendor Assigned Dealer agrees that the participation fee is due to TIPS for all Agreement sales immediately upon receipt of payment including partial payment, from the Member Entity and must be paid to TIPS at least on a monthly basis, specifically within 31 calendar days of receipt of payment, if not more frequently, or as otherwise agreed by TIPS in writing and signed by an authorized signatory of TIPS. Thus, when an awarded Vendor, Reseller or Vendor Assigned Dealer receives any amount of payment, even partial payment, for a TIPS sale, the legally effective fee for that amount is immediately due to TIPS from the Vendor and fees due to TIPS should be paid at least on a monthly basis, specifically within 31 calendar days of receipt of payment, if not more frequently. Vendor is required to report all sales under the TIPS contract to TIPS. When a public entity initiates a purchase with a TIPS Awarded Vendor, if the Member inquires verbally or in writing whether the Vendor holds a TIPS Contract, it is the duty of the Vendor to verify whether or not the Member is seeking a TIPS purchase. Once verified, the Vendor must include the TIPS Contract number on any communications and related sales documents exchanged with the TIPS Member entity. To report sales, the Vendor must login to the TIPS Vendor Portal online at ▇▇▇▇▇://▇▇▇.▇▇▇▇-▇▇▇.▇▇▇/vendors_form.cfm and click on the PO’s and Payments tab. Pages 3-7 of the Vendor Portal User Guide will walk you through the process of reporting sales to TIPS. Please refer to the TIPS Accounting FAQ’s for more information about reporting sales and if you have further questions, contact the Accounting Team at ▇▇▇▇▇▇▇▇▇▇@▇▇▇▇-▇▇▇.▇▇▇. The Vendor or vendor assigned dealers are responsible for keeping record of all sales that go through the TIPS Agreement and submitting same to TIPS. Failure to render the participation fee to TIPS shall constitute a breach of this agreement with our parent governmental entity, Texas Education Service Center Region 8, as established by the Texas legislature and shall be grounds for termination of this agreement and any other agreement held with TIPS and possible legal action. Any overpayment of participation fees to TIPS by a Vendor will be refunded to the Vendor within ninety (90) days of receipt of notification if TIPS receives written notification of the overpayment not later than the expiration of six (6) months from the date of overpayment and TIPS determines that the amount was not legally due to TIPS pursuant to this agreement and applicable law. It is the Vendor’s responsibility to identify which sales are TIPS Agreement sales and pay the correct participation fee due for TIPS Agreement sales. Any notification of overpayment received by TIPS after the expiration of six (6) months from the date of overpayment will be non-refundable. Region 8 ESC and TIPS reserve the right to extend the six (6) month deadline to notify if approved by the Region 8 ESC Board of Directors. TIPS reserves all rights under the law to collect the fees due. Please contact TIPS at ▇▇▇▇@▇▇▇▇-▇▇▇.▇▇▇ or call (▇▇▇) ▇▇▇-▇▇▇▇ if you have questions about paying fees.

  • Timing of Severance Payments Any severance payment to which Employee is entitled under Sections 3(a)(i)(1), 3(a)(i)(2) and 3(a)(i)(5) shall be paid by the Company to the Employee (or to the Employee's successors in interest pursuant to Section 7(b)) in cash and in full, not later than thirty (30) calendar days following the Termination Date, subject to any delay required under Section 9.

  • Monitoring of Servicers (a) The Master Servicer shall be responsible for reporting to the Trustee, the Trust Administrator and the Depositor the compliance by each Servicer with its duties under the related Servicing Agreement. In the review of each Servicer's activities, the Master Servicer may rely upon an officer's certificate of the Servicer with regard to such Servicer's compliance with the terms of its Servicing Agreement. In the event that the Master Servicer, in its judgment, determines that a Servicer should be terminated in accordance with its Servicing Agreement, or that a notice should be sent pursuant to such Servicing Agreement with respect to the occurrence of an event that, unless cured, would constitute grounds for such termination, the Master Servicer shall notify the Depositor, the Trust Administrator and the Trustee thereof and the Master Servicer shall issue such notice or take such other action as it deems appropriate. (b) The Master Servicer, for the benefit of the Trustee, the Trust Administrator and the Certificateholders, shall enforce the obligations of each Servicer under the related Servicing Agreement, and shall, in the event that a Servicer fails to perform its obligations in accordance with the related Servicing Agreement, subject to the preceding paragraph, terminate the rights and obligations of such Servicer thereunder and act as successor Servicer of the related Mortgage Loans or cause the Trustee to enter into a new Servicing Agreement with a successor Servicer selected by the Master Servicer; provided, however, it is understood and acknowledged by the parties hereto that there will be a period of transition (not to exceed 90 days) before the actual servicing functions can be fully transferred to such successor Servicer. Such enforcement, including, without limitation, the legal prosecution of claims, termination of Servicing Agreements and the pursuit of other appropriate remedies, shall be in such form and carried out to such an extent and at such time as the Master Servicer, in its good faith business judgment, would require were it the owner of the related Mortgage Loans. The Master Servicer shall pay the costs of such enforcement at its own expense, provided that the Master Servicer shall not be required to prosecute or defend any legal action except to the extent that the Master Servicer shall have received reasonable indemnity for its costs and expenses in pursuing such action. (c) To the extent that the costs and expenses of the Master Servicer related to any termination of a Servicer, appointment of a successor Servicer or the transfer and assumption of servicing by the Master Servicer with respect to any Servicing Agreement (including, without limitation, (i) all legal costs and expenses and all due diligence costs and expenses associated with an evaluation of the potential termination of the Servicer as a result of an event of default by such Servicer and (ii) all costs and expenses associated with the complete transfer of servicing, including all servicing files and all servicing data and the completion, correction or manipulation of such servicing data as may be required by the successor servicer to correct any errors or insufficiencies in the servicing data or otherwise to enable the successor servicer to service the Mortgage Loans in accordance with the related Servicing Agreement) are not fully and timely reimbursed by the terminated Servicer, the Master Servicer shall be entitled to reimbursement of such costs and expenses from the Collection Account. (d) The Master Servicer shall require each Servicer to comply with the remittance requirements and other obligations set forth in the related Servicing Agreement. (e) If the Master Servicer acts as Servicer, it will not assume liability for the representations and warranties of the Servicer, if any, that it replaces. (f) If a Servicer fails to make its required payment of Compensating Interest on any Distribution Date, the Master Servicer will be required to make such payment of Compensating Interest to the same extent that such Servicer was required to make such payment of Compensating Interest. (g) To the extent a Servicer requests the consent of the Trust or the Master Servicer with respect to any servicing-related matter for which the applicable Servicer is required to seek consent under the applicable Servicing Agreement or Assignment Agreement, the Master Servicer shall promptly or within the time frame specified in such Servicing Agreement, if any, evaluate such request for consent in the best interest of the Trust and the Certificateholders, and grant or withhold such consent accordingly.

  • Form and Timing of Severance Benefits The Severance Benefits described in Sections 2.3(a), 2.3(b), and 2.3

  • Timing of Payments All payments of Expenses (including without limitation Expense Advances) by the Company to the Indemnitee pursuant to this Agreement shall be made to the fullest extent permitted by law as soon as practicable after written demand by Indemnitee therefor is presented to the Company, but in no event later than thirty (30) business days after such written demand by Indemnitee is presented to the Company, except in the case of Expense Advances, which shall be made no later than ten (10) business days after such written demand by Indemnitee is presented to the Company.