Confirmation Procedure. When, from time to time, Seller and Buyer agree upon the terms of a Transaction under this Agreement, then Seller shall promptly send to Buyer by facsimile or other mutually acceptable means a Confirmation setting forth the Effective Date, the Term, the Delivery Points and the Conveyance applicable to such Transaction. Buyer shall verify the accuracy of the Transaction set forth in the Confirmation, and return an executed copy of such Confirmation by facsimile or other mutually acceptable means at or prior to 5:00 p.m. Central Time on the Business Day immediately following the date such Confirmation was sent by Seller to Buyer (unless a different time is specified in the Confirmation, in which case such return shall occur at or prior to such different time).
Confirmation Procedure. Each of the Parties agrees that it shall be legally bound to any transaction or agreement agreed to by the Parties (orally or otherwise) for the purchase and sale of any petroleum products, where Suncor is the seller and Counterparty is the purchaser, pursuant to the terms set forth in a written transaction or agreement confirmation delivered by Suncor to Counterparty (each, a “Confirmation”), provided that Counterparty does not deliver written notice under Section 20 of the General Terms and Conditions of its objection to any terms of the Confirmation to Suncor within two (2) business days after its receipt of the Confirmation, after which deadline the Confirmation shall be binding on Counterparty whether or not Counterparty executes and returns the Confirmation to Suncor. If Counterparty provides a timely notice under Section 20 of the General Terms and Conditions objecting to, changing, or proposing any new terms in or to a Confirmation, Suncor shall not be bound by any such proposed changes or new terms unless and until Suncor agrees to such changes or new terms in a writing signed by Suncor. If Counterparty accepts, takes delivery of, or purchases any petroleum products from Suncor pursuant to a purported transaction or agreement documented by a Confirmation which Counterparty has timely objected to, altered, or proposed new terms for, but which changes or new terms have not been assented to in writing by Suncor as set forth above, the terms of the original Confirmation delivered by Suncor (together with the General Terms and Conditions attached hereto) shall govern any such transaction or agreement and all sales thereunder. In the event that Counterparty accepts, takes delivery of, or purchases any petroleum products from Suncor without a valid Confirmation or separate purchase and sale agreement between the Parties, the General Terms and Conditions to this Agreement shall nonetheless govern such transactions. In the event that Counterparty accepts, takes delivery of, or purchases any product that is not listed in a valid Confirmation or separate purchase and sale agreement, the price for such product will be Suncor’s posted rack price for such product in effect at the time Counterparty lifts such product; provided that, notwithstanding the foregoing, Counterparty shall have no right to purchase, and Suncor shall have no obligation to sell, any product not listed in a valid Confirmation or separate purchase and sale agreement. The Parties agree that ...
Confirmation Procedure. It will be legally bound from the time it agrees (orally or otherwise) to the terms of a transaction; provided that the in the case of each individual transaction to purchase or sell crude oil, condensate or other related liquid substances, the Party that is the seller shall confirm the terms of the transaction by sending a confirmation (also sometimes referred to as special provisions) to the other Party by facsimile or other electronic means within two (2) business days after the Parties have agreed to enter into a transaction (including orally), and, if the receiving Party does not notify the confirming Party, by facsimile or other mutually agreeable electronic means, of material differences between the confirmation and the receiving Party's understanding of the transaction terms, or otherwise object to the confirmation, within two (2) business days of receipt of the confirmation, the confirmation will then be deemed to constitute the receiving Party's agreement to the terms of the transaction as set out in the confirmation. If the Party that is the seller in an individual transaction fails to send the other Party a confirmation within two (2) business days after the Parties have agreed to enter into a transaction (including orally) as aforesaid, the other Party may confirm the terms of the transaction by sending a confirmation to the Party that is the seller by facsimile or other electronic means on the third (3rd) business day after the transaction is entered into, and, if the receiving Party does not notify the confirming Party, by facsimile or other mutually agreeable electronic means, of material differences between the confirmation and the receiving Party's understanding of the transaction terms within two (2) business days of receipt of the confirmation, the confirmation will then be deemed to constitute the selling Party's agreement to the terms of the transaction as set out in the confirmation provided by the buyer. SUNCOR ENERGY MARKETING INC, PETROLEUM DEVELOPMENT CORPORATION Per: /s/ Xxxxxxx Xxxxx Per: /s/ Xxxx X Xxxxxxx Name: XXXXXXX XXXXX Name: XXXX X XXXXXXX Title: Vice President Title: EVP Crude Oil Marketing & Trading Suncor Energy Marketing Inc. SCHEDULE A Amendments to ConocoPhillips General Provisions for Domestic Crude Oil Agreements ConocoPhillips General Provisions for Domestic Crude Oil Agreements dated January 1,1993 are amended as follows:
Confirmation Procedure. During the term of this Agreement, Aquila and Counterparty may notify each other that Gas is available for purchase or sale. If the Parties agree to the terms of a Transaction, Aquila will prepare and send to the Counterparty, by facsimile or other mutually acceptable means, a Confirmation Letter containing the terms agreed upon by the Parties. The Confirmation Letter for each Transaction shall be substantially in the forms attached hereto as Exhibits "A" through "D," as applicable. No Confirmation Letter shall be necessary for Transactions having a Period of Delivery of less than one (1) calendar month, unless requested by either Party, in which case Aquila will prepare and send to the Counterparty, by facsimile or other mutually acceptable means, a Confirmation Letter containing the terms agreed upon by the Parties. The failure of Aquila to issue, or of the Parties to execute or the Counterparty to object to, a Confirmation Letter shall not invalidate the terms of any Oral Transactions entered into between the Parties under this Agreement. The failure of the Counterparty to notify Aquila of any disagreement with the Confirmation Letter by 5:00 p.m. CPT on the second Business Day after transmittal of the Confirmation Letter shall be deemed to be acceptance by such Party of the terms of such Confirmation Letter and such Confirmation Letter shall be deemed to be fully executed.
Confirmation Procedure. If the Parties come to an understanding regarding the sale and purchase of Gas, the transaction will be communicated in a Confirmation that will reflect the Transaction Type, Contract Quantity, Delivery Period, Contract Price, Delivery Point(s) and any other special terms to which the Parties have agreed. Each Confirmation shall be sent by TMV to Company via facsimile and shall become a part of this contract. If a Confirmation is not objected to or returned to TMV by Company via facsimile within two (2) Business Days of the successful transmittal thereof, then that Confirmation shall be accepted by both Parties.
Confirmation Procedure. When, from time to time during the period from the date hereof though and including December 31, 2002, Seller and Buyer agree upon the terms of a Transaction under this Agreement, <then Seller> Buyer shall promptly send <to Buyer by facsimile or other mutually acceptable means a Confirmation setting forth the Effective Date, the Term, the Delivery Points and the Conveyance applicable> a Confirmation thereof to <such Transaction. Buyer shall verify the accuracy of the Transaction set forth in the Confirmation, and return an executed copy of such Confirmation by facsimile or other mutually acceptable means at or prior to 5:00 p.m. Central Time on the Business Day immediately following the date such Confirmation was sent by> Seller <to Buyer (unless a different time is specified in the Confirmation, in which case such return shall occur at or prior to such different time)>.
Confirmation Procedure. Prior to requesting that TSYS provide Services with respect to Accounts of any of the kinds described in Section 3.3(b)(ii)(D), Capital One shall provide to TSYS such information as is reasonably necessary to demonstrate that such Accounts qualify as Capital One Accounts. If TSYS believes an Account for which Capital One requests Services does not qualify as a Capital One Account pursuant to Section 3.3(b), (i) TSYS shall notify Capital One of its objection within [***] Business Days of Capital One’s written request for such Services and (ii) upon receipt of such notice, Capital One may seek Expedited Dispute Resolution pursuant to Section 18.6. Time is of the essence with respect to such [***] Business Day period. Therefore, if TSYS does not object to Capital One’s request for Services for a particular Account within [***] Business Days after receiving the request, the Account shall be deemed a Capital One Account for the Term of this Agreement.
Confirmation Procedure
