Confidential Treatment Requested by. Emmis Communications Corporation
Confidential Treatment Requested by. Dollar Thrifty Automotive Group, Inc.
Confidential Treatment Requested by. Dollar Thrifty Automotive Group, Inc. Dealer orders currently on hand or in the system that qualify for this program, and have the appropriate processing options, can be amended if they have not been released to production. This is the ordering dealer's responsibility. Units delivered to rental customer’s drop ship sites must have the rental customer’s code on the window label and delivery receipts must be checked to verify proper ownership of the vehicle. GM Customer Support should be contacted immediately regarding units delivered to the wrong drop ship site to determine the appropriate course of action. Units that were incorrectly delivered must not be placed into rental service. GM reserves the right to deny incentives on units in rental service that have been incorrectly delivered and accepted, or titled.
Confidential Treatment Requested by. American Superconductor Corporation The Contract shall be written in English as one complete set. The Contract shall be made in two original sets, one set for each Party. All amendments, supplements and alternations to the terms and conditions of the contract shall be made in written form and signed by the authorized representatives of the two parties. No assignment of any right or obligation under the contract shall be made by either party to a third party without the previous consent of the other party. The communication between the two parties shall be conducted in written form. The fax concerning the important matter shall be confirmed timely by the registered or express mail. Inox Wind Limited AMERICAN SUPERCONDUCTOR BY: _/s/ Xxxxxx Xxxxx______________ BY _/s/ Xxxxx X. Xxxxxxx__________ NAME: _Xxxxxx Xxxxx_____________ NAME: _Xxxxx X. Xxxxxxx_________ TITLE: _Director__________________ TITLE: _EVP – Operations ._____ DATE: _August 12, 2014______________ DATE: _August 15, 2014___________
Confidential Treatment Requested by. American Superconductor Corporation adjustments to this Agreement that may be requested by Subcontractor as a result of the OTA Change (“Requested Adjustment”). If, during the 30 days after the date that AMSC receives the Negotiation Request, or during any longer period as agreed upon in writing by the Parties, the Parties cannot reach an agreement with respect to any Requested Adjustment, either Party can terminate this Agreement by delivering a written termination notice to the other Party (“Termination Notice”). The Parties shall use good faith efforts to negotiate and cooperate with each other regarding any Requested Adjustment. Upon delivery of a Termination Notice, the Agreement shall terminate.
Confidential Treatment Requested by. American Superconductor Corporation
Confidential Treatment Requested by. American Superconductor Corporation to process a Proposed Change may increase the overall Project schedule and that each Party will bear its own costs associated with that delay. If AMSC or Subcontractor does not agree to such Change Proposal or DHS does not approve such Proposed Change, the Parties shall continue the performance of their obligations hereunder and the Proposed Change shall not be effective. In no event shall either Party be bound by any Change Proposal or Proposed Change absent a written change order executed by Subcontractor and AMSC.
Confidential Treatment Requested by. American Superconductor Corporation under this Agreement (except to the extent resulting from the acts taken or omitted by Subcontractor or its employees or subcontractors at the direction of AMSC or its subcontractors, or for any design or specifications provided by AMSC or its subcontractors); (iii) Subcontractor’s failure to pay and discharge any taxes (including interest and penalties) for which Subcontractor is responsible; or (iv) any claim that any employee of Subcontractor, its affiliates, its contractors, or subcontractors is an employee of AMSC or a jointly employed by Subcontractor and AMSC. To receive the benefit of indemnification under this Section, the indemnified party must promptly notify Subcontractor of a claim or suit and provide reasonable cooperation (at Subcontractor’s expense) and tender to Subcontractor (and its insurer) full authority to defend or settle the claim or suit (provided that Subcontractor shall obtain AMSC’s prior written consent to any settlement that admits fault or wrongdoing on the part of AMSC or obligates AMSC to pay any amount not fully indemnified under this Agreement). Subcontractor has no obligation to indemnify for any settlement made without its consent or for any claim to the extent lack of prompt notice shall have prejudiced Subcontractor.
Confidential Treatment Requested by. American Superconductor Corporation Agreement between the Parties with respect to the subject matter hereof, and supersedes all prior agreements or understandings with respect to such subject matter.
Confidential Treatment Requested by. American Superconductor Corporation Beneficiary shall include with any presentation a copy of this Standby Letter of Credit. We undertake to pay Beneficiary under this Standby Letter of Credit within three (3) business days of receipt by us of a sight draft presented pursuant to the terms of this Standby Letter of Credit. Beneficiary shall receive payment from us by wire transfer to a bank account of Beneficiary, as described in such sight draft. If any sight draft presented under this Standby Letter of Credit does not comply with the terms and conditions hereof, we will advise the contact for Beneficiary by email and telephone within one (1) Business Day and give the reasons for such non-compliance. This Standby Letter of Credit is irrevocable, unconditional and transferable. This Standby Letter of Credit may be transferred without charge one or more times upon receipt of the written instructions of the Beneficiary. This Standby Letter of Credit sets forth in full our undertaking, and such undertaking shall not in any way be modified, amended, amplified or limited by reference to any document, instrument or agreement referred to herein and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. This Standby Letter of Credit is governed by and construed in accordance with the laws of the state of Delaware, without regard to conflicts of laws principles. Very truly yours, [ISSUER’S NAME] By_____________________ Name: Title: Office for Presentment: [______________________] APPENDIX E BACKUP INVENTORY BACKUP INVENTORY Confidential Portions of this Exhibit marked as [***] have been omitted pursuant to a request for confidential treatment and have been filed separately with the Securities and Exchange Commission. Confidential Treatment Requested by American Superconductor Corporation List to be provided by AMSC within one hundred eighty (180) days of the Effective Date of this Agreement. Confidential Portions of this Exhibit marked as [***] have been omitted pursuant to a request for confidential treatment and have been filed separately with the Securities and Exchange Commission. Confidential Treatment Requested by American Superconductor Corporation APPENDIX F ASSIGNED WARRANTIES [***]:
