Applicable Terms. The terms and conditions of this Paragraph 12 will apply to the Lessor's (as defined below) stock of Seller Parts listed in Appendix "A" to this Paragraph 12 ("Leased Parts") and will form a part of each lease of any Leased Part by the Buyer from the Seller after the date hereof. Except for the description of the Leased Part, the Lease Term, the Leased Part delivery and return locations and the Lease Charges (defined below in Subparagraph 12.4), all other terms and conditions appearing on any order form or other document pertaining to Leased Parts will be deemed inapplicable, and in lieu thereof the terms and conditions of this Paragraph 12 will prevail. For purposes of this Paragraph 12, the term "
Applicable Terms. This purchase order (“Order”) may be accepted by Seller only in accordance with the terms hereof. Anyacceptance herein of an offer of Seller, or any confirmation herein of a prior agreement between Buyer and Seller is expressly made conditional on Seller’s assent to the additional or different terms contained herein. This Order may be accepted by Seller by commencement of work, shipment of goods, or furnishing the services hereunder. Dispatch of Seller’s acknowledgment form or other written documentation will also act as an acceptance if it agrees with this Order with respect to the description, amount, price and time of delivery of the goods or services ordered. Notwithstanding any waiver in any instance, or any oral agreement, or any instructions, terms and conditions that may be contained in any quotation, acknowledgment, invoice or other written document of Seller, no addition to, waiver for the future or modification of any of the provisions herein contained shall be of any force or effect unless made in writing and executed by Buyer.
Applicable Terms. Each Letter of Credit shall (i) be a standby letter of credit issued to support obligations of any Borrower or any of its Restricted Subsidiaries, contingent or otherwise, incurred in the ordinary course of business, (ii) expire on a date no more than twelve (12) months after the date of issuance or last renewal of such Letter of Credit (subject to automatic renewal for additional one (1) year periods pursuant to the terms of the Letter of Credit Application or other documentation acceptable to the Issuing Bank), which date shall be no later than the fifth (5th) Business Day prior to the Maturity Date and (iii) be subject to the Uniform Customs and/or ISP98, as set forth in the Letter of Credit Application or as determined by the Issuing Bank and, to the extent not inconsistent therewith, the laws of the State of New York. The Issuing Bank shall not at any time be obligated to issue any Letter of Credit hereunder if such issuance would conflict with, or cause the Issuing Bank or any Lender to exceed any limits imposed by, any Applicable Law. References herein to “issue” and derivations thereof with respect to Letters of Credit shall also include extensions or modifications of any outstanding Letters of Credit, unless the context otherwise requires.
Applicable Terms. 3.1 No terms or conditions endorsed on, delivered with or contained in any request for proposal, confirmation of terms, specification or any other document or implied by trade, custom or course of dealing will form part of the Agreement unless any such terms or conditions are specifically referred to in any part of the Agreement.
Applicable Terms. The End User License Agreement (i.e. the EULA) governs the licensing and use of the Software Product and any Update(s). The EULA consists of the License set out herein as well as any other terms agreed by the Licensor and Licensee in connection with this document for licensing and using the Software Product and Update(s), e.g. subscription periods, prices, payment terms and delivery of the Software Product and Update(s). If the Licensee has agreed on another agreement with the Licensor concerning any specific software, in such event the terms of that agreement applies to such software superseding these terms.
Applicable Terms. The Parties agree that the terms and conditions of this Agreement will govern all Purchase Orders submitted by ADVA under this Agreement and will prevail over any and all other different or additional terms and conditions of any kind proposed by ADVA or Acacia, e.g. in the Purchase Order or in Acacia’s quotation, acknowledgement, acceptance of purchase order or similar document, unless both Parties sign a document that expressly states a deviation to this Agreement. Any such other terms and conditions provided by ADVA or Acacia shall not apply, even if the other party fails to expressly reject such terms and conditions or if Acacia delivers or ADVA accepts ordered products without objection.