Common use of Additional Orders Clause in Contracts

Additional Orders. Other than the Codecs to be delivered pursuant to the New Order specified in Section 2 above, Tandberg shall have no obligation to accept and deliver against any additional purchase orders from Avistar until such time as Avistar agrees to either: (a) pay off all Amounts prior to delivery of additional orders; or (b) paying cash, in advance, for any such additional orders. Except as expressly modified by this Modification #2, all terms and conditions of the Agreement shall remain in full force and effect. The parties agree that this Modification #2 may be executed via facsimile and that it shall be considered equivalent to an executed original when signed (via facsimile) by both parties; nevertheless, any one of the parties may require the follow-up exchange of originals in hardcopy by so requesting in writing within five (5) days of facsimile execution.

Appears in 2 contracts

Sources: Preferred Supplier Agreement (Avistar Communications Corp), Preferred Supplier Agreement (Avistar Communications Corp)