Different Terms Clause Samples

The 'Different Terms' clause defines how a contract handles situations where the terms proposed by each party do not match exactly. In practice, this clause typically outlines which terms will prevail or how conflicting or additional terms are treated, such as by defaulting to the terms of the offer or applying standard legal rules like the "knockout rule" in commercial contracts. Its core function is to provide clarity and prevent disputes by establishing a clear process for resolving discrepancies between the parties' contractual terms.
Different Terms. Splunk expressly rejects terms or conditions in any Customer purchase order or other similar document that are different from or additional to the terms and conditions set forth in these General Terms. Such different or additional terms and conditions will not become a part of the agreement between the parties notwithstanding any subsequent acknowledgement, invoice or license key that Splunk may issue.
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Different Terms. The Company, with the consent of the Investor, may agree to terms for the repurchase of a Holder’s Capital Stock different from those provided in this Section 7.
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Different Terms. Blackswan expressly rejects terms or conditions in any Client purchase order or other similar document which are different from or additional to the terms and conditions set forth in the Order or this ECU. Such different or additional terms and conditions will not become a part of an agreement between the parties notwithstanding any subsequent acknowledgement by ▇▇▇▇▇▇▇▇▇.
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Different Terms. On terms that are different from the terms on which the Opt-Out Partner had the opportunity to invest such Shortfall Amount under Section 3.2(b), above, then: (i) Prior to issuing such Partnership Interest to the Additional Partner, the Managing Partner first shall deliver to each Opt-Out Partner a written notice summarizing the terms and conditions on which such Partnership Interest is proposed to be issued and specifying the deadline and instructions for subscribing to the same (which deadline shall not be sooner than five (5) business days prior to the date on which such notice is delivered to the Opt-Out Partner). The Opt-Out Partner may elect to subscribe for such Partnership Interest by delivering to the Managing Partner, prior to the deadline specified in the written summary, a written election to subscribe for part or all of such Partnership Interest and the subscription funds and other documents due therefor. If and to the extent that the Opt-Out Partner fails to deliver such election, funds, and other documents prior to such deadline, the Managing Partner may proceed to issue such Partnership Interest to the Additional Partner(s) pursuant to Section 3.2(c)(iii)(b)(2)(ii), below. (ii) If, after compliance with Section 3.2(c)(iii)(b)(2)(i), above, any portion of the Partnership Interest has not been fully purchased by the Opt-Out Partner, then the Managing Partner may proceed to issue the same to the Additional Partner on the terms summarized in the notice delivered to the Opt-Out Partner pursuant to Section 3.2(c)(iii)(b)(2)(i), above, and (a) the Additional Partner shall receive such Capital Account credit, Invested Capital account credit, and Percentage Interest as are determined by the General Partner, and (b) any differential between (x) the Capital Account credit, Invested Capital account credit, and Percentage Interest that were to have been allocated to the Opt-Out Partner with respect to the Shortfall Amount that is funded by such additional Investor Partner, and (y) the actual Capital Account credit, Invested Capital account credit, and Percentage Interest shall be, as applicable, allocated to or borne by the Managing Partner.
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Related to Different Terms

  • Special Terms Terms defined in this Schedule 1 shall have the same meanings when used throughout this Agreement. In the event of any conflict between the terms set out in the various Schedules, the Schedules shall prevail in the order in which they appear in the Agreement. For the purposes of the provision of the Services and any Goods, the terms of this Agreement shall prevail over any other terms and conditions issued by the British Council (whether on a purchase order or otherwise).

  • Agreement Terms The terms of the Agreement conform to University policy. The period of performance for the project is approximately two (2) years. The amount of funding support will not exceed $100,000. Since research projects are often amended, this agreement includes provisions for changes in time and scope. University procedures for approval of these changes will be followed and additional conflict of interest review will be done as appropriate.

  • Contract Terms The contract term will be one (1) year, effective from date of award. The City and the Supplier shall have the option to renew this contract for an additional two (2) one-year periods. The contract shall commence upon the issuance of a Notice of Award by the City of ▇▇▇▇▇▇ and shall automatically renew each year, from the date of award by City Council, unless either party notifies the other prior to the scheduled renewal date. At the sole option of the City of ▇▇▇▇▇▇, the contract may be further extended as needed, not to exceed a total of six (6) months.

  • Financial Terms You agree to pay us the fees indicated in the Order Form. Fees are exclusive of any taxes. You acknowledge and agree all Order Forms are non-cancelable and all fees are non- refundable. In the event that your credit card is declined for any reason, all fees are still due and owing to us and you will promptly provide us with another credit card for payment purposes. Your continued use of the Software or Premium Support on a subscription basis is contingent upon annual payment of fees in advance. Fees are owed and are to be paid in exchange for the rights granted and services made available hereunder and not based on your actual use of the Software, Premium Support or Professional Services. All invoices for Software, Professional Services or Premium Support are due and payable within thirty (30) days of receipt. If we don't receive timely payment, we reserve the right to charge a late fee equal to the lesser of one and half percent (1.5%) compounded monthly of the amount due, or the maximum amount allowed by law in addition to our cost of collection. You are responsible for all applicable taxes including, without limitation, federal, state, and local sales, use, goods, and services, value-added, export or import or equivalent "indirect" taxes and duties on the Software, Premium Support or Professional Services as provided herein.