Indirect Purchases Sample Clauses

Indirect Purchases. Subject to the clause in Article VI of the General Agreement entitled SCOPE OF AGREEMENT, if the AT&T Entities purchase Eligible Products from any of NCR's authorized Value Added Resellers ("VARs") or Independent Software Vendors ("ISVs") or from a third party NCR exclusive distributor in a given foreign country, NCR will credit towards AT&T's Commitment hereunder, the price paid by the AT&T Entities to the VAR, ISV or third party foreign distributor for components produced by NCR.
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Indirect Purchases. If You purchase XaaS Services from a Hitachi Partner, Hitachi will provide the XaaS Services to You under these Terms and the applicable Service Catalogue (if any), which will form the binding “XaaS Agreement” between Hitachi and You for the applicable XaaS Services as further described in the Definitions section. You will enter a separate agreement with the Hitachi Partner for the purchase of the XaaS Services covering matters such as ordering, pricing, commitment, service credits (if any) and payment terms. Hitachi will not be a party to, nor will be bound by the terms of Your agreement with the Hitachi Partner. Any terms of the agreement between the Hitachi Partner and You will not apply to the XaaS Agreement.
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Indirect Purchases. If You purchase XaaS Services from a Hitachi Partner, Hitachi will provide the XaaS Services ƚŽ zŽƵ ƵŶĚĞƌ ƚŚĞƐĞ dĞƌŵƐ ĂŶĚ ƚŚĞ ĂƉƉůŝĐĂďůĞ Xa^aSĞƌǀŝĐĞ Agreement͟ ďĞƚǁĞĞŶ ,ŝƚĂĐŚŝ ĂŶĚ zŽƵ ĨŽƌ ƚŚĞ ĂƉƉůŝĐĂďůĞ yĂĂ^ You will enter a separate agreement with the Hitachi Partner for the purchase of the XaaS Services covering matters such as ordering, pricing, commitment, service credits (if any) and payment terms. Hitachi will not be a party to, nor will be bound by the terms of Your agreement with the Hitachi Partner. Any terms of the agreement between the Hitachi Partner and You will not apply to the XaaS Agreement.
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Indirect Purchases. Where Customer purchases the Cloud Services through a Reseller, Customer’s payment terms are with the Reseller and not with Druva; however, a breach of Customer’s payment obligations to a Reseller will be deemed to be a breach of this Section 13(a).
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Indirect Purchases. 25 (ii) 4
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Indirect Purchases. For Software, Extended Communication Service, Professional Services, and/or Software Assurance and Technical Support ordered through AtHoc’s authorized distributor or reseller, Licensee shall timely pay all applicable fees and other compensation as agreed between Licensee and such distributor or reseller.
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Indirect Purchases. If Customer is purchasing the Services through a third party marketplace or a Datadog approved reseller (each an
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Indirect Purchases. If Customer is purchasing the Services through a third party marketplace or a Datadog approved reseller (each an “Intermediary”), the following terms shall apply solely for the purposes of such indirect purchase: (a) all references to an ‘Order’ in the Agreement shall refer to the order between the Customer and the Intermediary; (b) in addition to the rights provided in Section 1.3 (Data), Datadog is permitted to share Usage Data and other information regarding Customer with the Intermediary; (c) Sections 5 (Pricing and Fees) and 6 (Order Renewal) will be without effect and the terms between the Intermediary and Customer covering such subject matter will apply instead; (d) per the terms of the agreement between Datadog and the Intermediary, Datadog has a right to terminate its order(s) with the Intermediary, in the event of failure by Intermediary to make payments to Datadog; (e) Sections 11.2, 11.3, and 11.4 (Termination) will be without effect as any termination of an Order and all terms in this Agreement with respect to refund or payment obligations, if any, will be between the Intermediary and Customer; notwithstanding the foregoing, both Parties agree to take the required steps through the Intermediary processes in order to achieve the intended results of the terms in Section 11.2, 11.3, and 11.4 and any other refund or payment obligations.
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Indirect Purchases. 23 D. Notices....................................................................................24
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Related to Indirect Purchases

  • Purchases Without the prior written consent of Lender, no materials, machinery, equipment, fixtures or any other part of the Repairs or Capital Replacements will be purchased or installed under conditional sale contracts or lease agreements, or any other arrangement wherein title to such Repairs or Capital Replacements is retained or subjected to a purchase money security interest, or the right is reserved or accrues to anyone to remove or repossess any such Repairs or Capital Replacements, or to consider them as personal property.

  • Agent Purchases The Company acknowledges and agrees that Agent has informed the Company that the Agent may, to the extent permitted under the Securities Act and the Exchange Act, purchase and sell Common Stock for its own account while this Agreement is in effect, provided, that (i) no such purchase or sales shall take place while a Placement Notice is in effect (except to the extent the Agent may engage in sales of Placement Shares purchased or deemed purchased from the Company as a “riskless principal” or in a similar capacity) and (ii) the Company shall not be deemed to have authorized or consented to any such purchases or sales by the Agent.

  • Repurchases (a) Within 90 days of the earlier of discovery or receipt of notice by the Seller, from either the Purchaser or any successor or assign thereof, of a Defect (as defined in the Pooling and Servicing Agreement as in effect on the Closing Date) in respect of the Mortgage File for any Mortgage Loan or a breach of any representation or warranty made pursuant to Section 4(a) and set forth in Exhibit C (a "Breach"), which Defect or Breach, as the case may be, materially and adversely affects the value of any Mortgage Loan or the interests therein of the Purchaser or its successors and assigns (including, without limitation, the Trustee and the holders of the Certificates), the Seller shall cure such Defect or Breach, as the case may be, in all material respects or repurchase the affected Mortgage Loan from the then owner(s) thereof at the applicable Purchase Price (as defined in the Pooling and Servicing Agreement as in effect on the Closing Date) by payment of such Purchase Price by wire transfer of immediately available funds to the account designated by such owner(s); provided, however, that in lieu of effecting any such repurchase, the Seller will be permitted to deliver a Qualifying Substitute Mortgage Loan and to pay a cash amount equal to the applicable Substitution Shortfall Amount, subject to the terms and conditions of the Pooling and Servicing Agreement as in effect on the Closing Date. If the Seller is notified of a Defect in any Mortgage File that corresponds to information set forth in the Mortgage Loan Schedule, the Seller shall promptly correct such Defect and provide a new, corrected Mortgage Loan Schedule to the Purchaser, which corrected Mortgage Loan Schedule shall be deemed to amend and replace the existing Mortgage Loan Schedule for all purposes.

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