BUYER’S REQUIREMENTS. Siemens’ performance is contingent upon Buyer timely complying with and fulfilling all of its obligations under this Agreement. These obligations include the Buyer supplying all necessary access to Equipment, where applicable, and all required “Third Party Parts” (parts, components, equipment or materials provided by Buyer or that exist in the Equipment which were not manufactured or supplied by Siemens or which were originally supplied by Siemens and subsequently repaired, serviced or otherwise altered by any party not affiliated with Siemens), documents, permits and approvals needed for Siemens to perform including, but not limited to, accurate technical information and data, drawing and document approvals, and all necessary commercial documentation. Buyer shall provide access to the Site as reasonably required by Siemens for the performance of the Services. Siemens may request a change order for an equitable adjustment in prices and times for performance, as well as to adjust for any additional costs or any delay resulting from the failure of Buyer, Buyer’s contractors, successors or assigns to meet these obligations or any other obligations in this Agreement. Buyer shall also maintain the Site in a safe condition, notify Siemens promptly of any site conditions requiring special care, and provide Siemens with any available documents describing the quantity, nature, location and extent of such conditions, including any Material Safety Data Sheets (MSDS) related to all hazardous materials at the Site which may impact the Services.
BUYER’S REQUIREMENTS. Siemens’ performance is contingent upon Buyer timely fulfilling all of its obligations under this Agreement. These obligations include the Buyer supplying all documents and approvals needed for Siemens to perform, including but not limited to technical information and data, drawing and document approvals, and necessary commercial documentation. Siemens may request a change order for an equitable adjustment in prices and times for performance, as well as for any additional costs or any delay resulting from the failure of Buyer or Xxxxx’s contractors, successors or assigns to meet these obligations.
BUYER’S REQUIREMENTS. Yunex LLC' performance is contingent upon Buyer timely fulfilling all of its obligations under this Agreement. These obligations include the Buyer supplying all documents and approvals needed for Yunex LLC to perform, including but not limited to technical information and data, drawing and document approvals, and necessary commercial documentation. Yunex LLC may request a change order for an equitable adjustment in prices and times for performance, as well as for any additional costs or any delay resulting from the failure of Buyer or Xxxxx's contractors, successors or assigns to meet these obligations.
BUYER’S REQUIREMENTS. (a) Subject to the terms and conditions set forth in this Agreement, from and after the date of Buyer's acceptance of the first shipment of the Products in commercial quantities (which, for purposes of this Agreement, shall mean quantities that in the aggregate equal or exceed 5,000 units of the Products) and until the termination of this Agreement (the "Exclusive Period"), Buyer shall purchase from Seller all of Buyer's requirements for Products offered for sale in the United States with Buyer's analog and digital set top terminals. Notwithstanding the foregoing, Buyer shall have the right to purchase Products from other suppliers under the following circumstances: (i) Until such time as Seller can provide Buyer with such Products in commercial quantities, Buyer shall be entitled to purchase from other suppliers Products necessary for the replacement of Products sold by Buyer prior to the commencement of the Exclusive Period and to fulfill Buyer's other customary product support obligations with respect to such Products sold prior to the commencement of the Exclusive Period; provided, however, that Buyer shall be entitled to continue purchasing Products from such other suppliers regardless of whether Seller is able to provide such Products, if Buyer's customer specifically requests such other Products;
BUYER’S REQUIREMENTS. Subject to Section 11, Seller will supply and Buyer will purchase one hundred percent (100%) of its Electric Power Division's requirements for each Product. Seller will provide Buyer an approved PPAP (Production Part Approval Process) for every Product and every change to Product prior to shipment of Product. Seller understands that Buyer makes no guarantee as to the quantity of Product it will require,
BUYER’S REQUIREMENTS. During the term of this Agreement, Seller shall sell and deliver, and Buyer shall purchase and pay for, the Products. Buyer shall provide Seller with a twelve (12) month detailed forecast of customers' expected demands and its direct-marketed requirements for the Products which forecast will be updated quarterly and delivered to Seller as of the first day of such quarter or at such other time and for such periods as the parties may otherwise agree. Seller and Buyer acknowledge that this Agreement is not a guarantee of any specific volume purchase levels, and is dependent upon varying purchasing levels, if any, by Buyer's customers.
BUYER’S REQUIREMENTS. Buyer shall be under no obligation to purchase the Premises or otherwise perform under this Agreement unless Buyer determines the Premises to be suitable for its intended purposes and until each of the following requirements of Buyer is satisfied. The decision as to whether the Premises are suitable for its intended purposes and the requirements have been fulfilled shall be the sole decision of Buyer, determined in the absolute discretion of Buyer, with Buyer's decision being final and binding upon both parties. Buyer shall have one hundred twenty (120) days (or two hundred forty (240) days, if extended under the provisions of Paragraph 3 above) from the last execution of this Agreement to notify Seller of its cancellation of this Agreement due to Buyer's determination that the Premises are unsuitable or to a failure of fulfillment of any one of the requirements. If Buyer so elects to terminate and is not in material default hereunder, the Title Company shall be obligated to return the Deposit, together with all interest earned thereon, to Buyer with neither party thereafter having any other rights or obligations under this Agreement.
BUYER’S REQUIREMENTS. Buyer's Requirements" means the entire amount of Products purchased by Buyer. However, Buyer shall have no obligation to purchase any Products offered by Xxxxxxxxx'x if Buyer has previously contracted to purchase on an ongoing basis such Products from another distributor, supplier manufacturer or publisher prior to the date Xxxxxxxxx'x first offers such Products for sale to Buyer.
BUYER’S REQUIREMENTS. Russelectric’s performance is contingent upon Buyer timely fulfilling all of its obligations under this Agreement. These obligations include the Buyer supplying all documents and approvals needed for Russelectric to perform, including but not limited to technical information and data, drawing and document approvals, and necessary commercial documentation. Russelectric may request a change order for an equitable adjustment in prices and times for performance, as well as for any additional costs or any delay resulting from the failure of Buyer or Buyer’s contractors, successors or assigns to meet these obligations.
BUYER’S REQUIREMENTS. Flender’ performance is contingent upon Buyer timely complying with and fulfilling all of its obligations under this Agreement. These obligations include the Buyer supplying all necessary access to Equipment, where applicable, and all required “Third Party Parts” (parts, components, equipment or materials provided by Buyer or that exist in the Equipment which were not manufactured or supplied by Flender or which were originally supplied by Flender and subsequently repaired, serviced or otherwise altered by any party not affiliated with Flender), documents, permits and approvals needed for Flender to perform including, but not limited to, accurate technical information and data, drawing and document approvals, and all necessary commercial documentation. Buyer shall provide access to the Site as reasonably required by Flender for the performance of the Services. Flender may request a change order for an equitable adjustment in prices and times for performance, as well as to adjust for any additional costs or any delay resulting from the failure of Buyer, Buyer’s contractors, successors or assigns to meet these obligations or any other obligations in this Agreement. Buyer shall also maintain the Site in a safe condition, notify Flender promptly of any site conditions requiring special care, and provide Flender with any available documents describing the quantity, nature, location and extent of such conditions, including any Material Safety Data Sheets (MSDS) related to all hazardous materials at the Site which may impact the Services.
