FRUIT THAT IS NOT EXPORTED Sample Clauses

FRUIT THAT IS NOT EXPORTED. The Buyer shall notify the Seller when it decides not to receive Fruit which it has an obligation to purchase. The Buyer shall include in such notification the amounts which will not be received and the week or weeks in which the receipt of Fruit that the Buyer has an obligation to purchase under this Agreement will be restricted. Fruit That Is Not Exported shall remain the property of the Seller. The Seller shall be entitled to receive as sole and definitive penalty, an amount equal to the value established annually by size for the provisional invoice, minus the costs not incurred, payable in a term equal to the term stipulated for the payment of the Fruit following the date in which the Buyer was to receive the Fruit and decided not to receive it. The same penalty shall be paid in case the Seller cannot receive the Fruit, for any reason. The Seller may sell such Fruit to another buyer, but the money obtained shall be deducted from the amount of the indemnity by the Buyer and if cancelled, shall be reimbursed immediately.
Sample 1
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FRUIT THAT IS NOT EXPORTED. The Buyer shall be required to order the volumes of Fruit indicated in Section 2.2
Sample 1
FRUIT THAT IS NOT EXPORTED. For the purposes provided for in clause 2.1.2, the Seller shall have the right to receive as the sole, total and definitive penalty the purchase price minus the costs not incurred, if the Fruit is part of the basic volume; and if the Fruit is part of the Additional Volumes, of [*] per box during the first semester of each calendar year (from January 1 to June 30) and of [*] per box during the second semester of each calendar year (from July 1 to December 31). To determine the quantity of boxes of Fruit over which a penalty shall be paid, if the Fruit has not been packed, a conversion from clusters to boxes shall be carried out based on the weighted average of the ratio of boxes per cluster to Fruit obtained by the Seller in the last four (4) days of the harvest. If the order not to load by the Buyer or the Technical Representative is issued after the commencement of the Fruit’s packing process, the Buyer shall pay the Seller, as additional amount, the packing materials used, prior evidence of such use required, the operational salaries actually incurred, the cost of transport, if made, as well as the other costs the Seller may incur for the correct and legal disposal of the fruit. Buyer shall pay these same penalties when, upon failure to order the totality of the Fruit during any determined week for which the Seller provided a firm estimate, the Fruit exceeds its grade and it becomes necessary to re-harvest because it does not meet exportation conditions.
Sample 1

Related to FRUIT THAT IS NOT EXPORTED

  • The Buyer is Not a “Dealer”. The Buyer and the Company hereby acknowledge and agree that the Buyer has not: (i) acted as an underwriter; (ii) acted as a market maker or specialist; (iii) acted as “de facto” market maker; or (iv) conducted any other professional market activities such as providing investment advice, extending credit and lending securities in connection; and thus that the Buyer is not a “Dealer” as such term is defined in the 1934 Act.

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  • Contract Rights Not Exclusive The rights to payment of Indemnifiable Amounts and advancement of Indemnifiable Expenses provided by this Agreement shall be in addition to, but not exclusive of, any other rights which Indemnitee may have at any time under applicable law, the Company’s Certificate of Incorporation or By-laws, or any other agreement, vote of stockholders or directors (or a committee of directors), or otherwise, both as to action in Indemnitee’s official capacity and as to action in any other capacity as a result of Indemnitee’s serving as a director or officer of the Company.

  • o Check if Transfer is Pursuant to Other Exemption (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated: ANNEX A TO CERTIFICATE OF TRANSFER

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  • WITNESSES THAT WHEREAS A. The Company and the Trustee have entered into an indenture (the "Indenture") dated as of November 30, 2004 providing for the issuance of 8.00% Senior Subordinated Notes due 2012 of the Company (the "Securities"); and

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  • Rights Not Exclusive The rights provided for in this Agreement and the other Loan Documents are cumulative and are not exclusive of any other rights, powers, privileges or remedies provided by law or in equity, or under any other instrument, document or agreement now existing or hereafter arising.

  • Indemnification Not Exclusive, etc The right of indemnification provided by this Article 8 shall not be exclusive of or affect any other rights to which any such Covered Person or shareholder may be entitled. As used in this Article 8, a "disinterested" Person is one against whom none of the actions, suits or other proceedings in question, and no other action, suit or other proceeding on the same or similar grounds is then or has been pending or threatened. Nothing contained in this Article 8 shall affect any rights to indemnification to which personnel of the Trust, other than Trustees and officers, and other Persons may be entitled by contract or otherwise under law, nor the power of the Trust to purchase and maintain liability insurance on behalf of any such Person.

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