Fulfillment. During the Term and thereafter, CDnow shall have the sole right and responsibility for processing all orders through every aspect of a transaction, including receiving, filling, shipping and handling, collecting payment, tracking and transaction security. All orders for CDnow's products shall be placed by customers directly with CDnow and shall be subject to acceptance by CDnow. All orders accepted shall be subject to the terms and conditions of CDnow's then current terms and conditions of sale. Such terms may be changed at any time, without notice to Jam, RSN or its customers. CDnow shall have no obligation to ship any orders unless payment in full is received in advance. Prices for the products shall be set solely by CDnow. CDnow reserves the right to change its prices at any time, without notice to Jam, RSN or its customers.
Fulfillment. The Seller and each Warrantor have fulfilled and followed all the agreements, commitments, obligations and conditions included in each transaction document that they should have fulfilled or followed on or before the payment of the remaining consideration, including the conditions listed in this Article 3.3 and the commitments listed in Articles 4 and 7.
Fulfillment. Service Provider agrees to provide the Technical Services described in each Services Proposal. If any delays in such Technical Services occur solely as a result of any incorrect information, incorrect assumption or failure of Customer to perform or fulfill its obligations in connection with any Services Proposal, the performance schedule for the applicable project may be extended. Service Provider shall have no liability or responsibility for any costs or expenses resulting from such delays. In the event that performance of any milestone set forth in any Services Proposal is not met due to a delay solely caused by the performance or non-performance of Technical Services by Service Provider, and provided that such cause is not an event of force majeure as described in Section 15.1 of this Attachment A, Service Provider agrees, at no additional charge to Customer, to commit such additional resources and personnel as shall be necessary to ensure that such delay does not result in the slippage of later milestones or completion of such Technical Services.
Fulfillment. This Reseller Track Appendix authorizes Partner to acquire eligible Red Hat Products from a Red Hat-authorized distributor, reseller or OEM (each, a “Business Partner”) as specified in the applicable Program Guide. Partner will only be permitted to purchase Red Hat Products directly from Red Hat if Partner receives Red Hat's prior written consent to do so. If Partner acquires Red Hat Products from a Business Partner, Partner will pay the Business Partner for the Red Hat Products and all payment, credit, shipping and other direct purchase terms shall be between Partner and the Business Partner. If Partner acquires Red Hat Products from Red Hat, Partner will pay Red Hat for the Red Hat Products under the terms provided in Section 4, below. Upon receipt of a purchase order from either Partner or Business Partner for Red Hat Products, Red Hat will provide access to a downloadable version of the Red Hat Products to either the Business Partner, Partner, or End User, as directed by the Business Partner or Partner in writing. For any instance where Red Hat has to ship Red Hat Products with physical media directly to Partner, Red Hat will itself or will direct its authorized agent to create and ship the physical media to Partner. Shipment is F.O.B. point of shipment by the method Red Hat deems most advantageous. Transportation and insurance charges, expenses and costs will be invoiced to Partner and are not included in any pricing provided. Risk of loss or damage to the Red Hat Products will automatically pass to Partner when the Red Hat Products are placed with the carrier for shipment to Partner. Red Hat Products are sold without return privileges, unless consented to in writing by Red Hat in its sole discretion.
Fulfillment. To the extent that any orders for REAGENT do not exceed [**] percent ([**]%) of EYETECH'S forecast for a respective calendar quarter, and to the extent forecasts and purchase orders are submitted as provided hereunder, SHEARWATER shall commence fulfilling these orders no later than: (a) [**] of the date an order is placed; or (b) any other mutually agreed upon delivery date. If SHEARWATER determines that it cannot commence fulfilling an order by the later of [**] of the date an order is placed or any other agreed upon delivery date, then SHEARWATER will promptly notify EYETECH in writing within [**] hours of such determination. To the extent that such order for REAGENT does not exceed [**] percent ([**]%) of EYETECH'S forecast for a respective calendar quarter, and to the extent that such purchase order is submitted as provided hereunder, the provisions of Section 4.7 apply.
Fulfillment. If Customer elects to use MCI WorldCom for fulfillment, Customer shall pay MCI WorldCom the fulfillment charges associated with Customer's usage of CALLING CARD Service, as determined by MCI WorldCom.