Unfilled Orders. Upon termination of this Agreement, Altera may, at its option, cancel any or all unfilled orders that were previously accepted by Altera pursuant to subparagraph 5.2. Except in those circumstances governed by subparagraph 5.6 of the Agreement, Altera agrees not to cancel orders which are for Products intended for resale pursuant to firm orders (1) that have been placed by a specific customer with Distributor and are scheduled for delivery within 90 days of the date that notice of termination is given and (2) that Distributor, from among its locations, does not have inventory stock to complete. Distributor shall notify Altera in writing of such firm orders within 30 days of the date that notice of termination is given.
Unfilled Orders. The Employer shall not be liable to the Sales Representative for any delay or failure in filling orders, nor for filling orders with defective goods, but agrees to use its best efforts to have usable goods sent out to al customers.
Unfilled Orders. Any orders received by BMC that are unfilled on the effective date of expiration or termination of this Agreement shall not be affected by such termination or expiration, and shall be timely filled by BMC except where termination is due
Unfilled Orders. Any orders received by BMC that are unfilled on the effective date of expiration or termination of this Agreement shall not be affected by such termination or expiration, and shall be timely filled by BMC except where termination is due to EDUDATA's breach; PROVIDED, HOWEVER, that EDUDATA's termination of this Agreement pursuant to Section 3.1 shall not be deemed to constitute a breach;
Unfilled Orders. Any orders for assembly or testing by --------------- SELLER received or communicated in the ordinary course of business that had not been completed or shipped prior to 12:01 a.m. of the Closing Date, as listed on Schedule 2.4.1.2, shall be transferred to BUYER at the Closing and BUYER shall be responsible for filling such orders and shall be entitled to the revenues generated therefrom (including advance payments).
Unfilled Orders. Set forth on Schedule 3.23 hereto is a complete and accurate description of all unfilled orders, including the customer identification, price of order and expected delivery date, as of January 31, 1998.
Unfilled Orders. Prior to Closing, Seller shall deliver to Buyer a true and complete list of all products ordered from Seller by customers prior to the Closing Date to be partially or entirely delivered subsequent to the Closing Date (such orders are collectively referred to herein as "Work in Process"). Subsequent to Closing, Buyer shall complete all Work in Process and invoice the applicable customers for the products delivered subsequent to the Closing. All proceeds from such invoices shall be the property of Buyer.
Unfilled Orders. The Company will have the option to either cancel or fill any unfilled Product orders placed by the Dealer. The Company may require the Dealer to pay for Products on a cash-on-delivery or other basis if they are delivered after the earlier of these two dates: o the effective date of termination o the date of notice of termination.
Unfilled Orders. In the event of, and upon termination of this Agreement, AccuMed will fulfill any unfilled orders of SinoFresh for the Products outstanding as of the date on which the termination is effective.
Unfilled Orders. All unfilled orders received by the Corporations in connection with the Business which are in existence as of the date of this Agreement have been accepted by it in the ordinary course of business and upon terms and conditions consistent with the Corporations' usual past practices.
