OFFER AND ACCEPTANCE; PRICING Sample Clauses

OFFER AND ACCEPTANCE; PRICING. (a) NK shall have the right to purchase from Aspect Kits at a transfer price of US[**] per Kit. For each proposed purchase by NK from Aspect, NK shall present a purchase order to Aspect (a "Purchase Order"). Each Purchase Order shall be deemed an offer to purchase and, unless NK is notified in writing to the contrary within five (5) Business Days after Aspect receives it, such Purchase Order shall be deemed accepted by Aspect.
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OFFER AND ACCEPTANCE; PRICING. (a) If Jansxxx xxxrcises the option of Section 2.2(a) or Section 2.3(a), in those countries where and for such time as Jansxxx xxxds the rights granted pursuant to such options, Jansxxx xxxll be free to determine whether it will manufacture Rx Product and/or Compound for use in Rx Product itself or have such manufactured by Sepracor or a third party; provided, however, if Sepracor or its designee complies with Good Manufacturing Practices and the quality control standards set forth in Exhibit 2.5(a) within the time frame set forth in Section 2.5(a), but Jansxxx xxxermines not to use Sepracor to make or have made Rx Products for the United States market, such determination shall not materially delay expected filing of the NDA for Rx Products in the United States as set forth in the R&D Plan with Sepracor as the manufacturer; further provided, however, that if Jansxxx xxxnot manufacture itself or cannot elect a party other than Sepracor to make or have made Rx Product for the United States market prior to NDA submission because such election would materially delay filing of the NDA, or Jansxxx xxxires to change the manufacturer subsequent to NDA submission, Jansxxx xxxains the right to manufacture itself or to elect a party other than Sepracor to manufacture Rx Product for the United States subsequent to NDA approval by (i) filing an application with the FDA requesting a manufacturer change after Jansxxx'x xx its alternative manufacturer's DMF (drug master file) is ready, and (ii) providing Sepracor with not less than twelve (12) months notice of the expected change in manufacturer. Jansxxx xxxll also be free to determine whether it will manufacture OTC Product and/or Compound for use in OTC Product itself or have such manufactured by a third party. Provided Jansxxx xxx elected Sepracor to be the manufacturer of Compound
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OFFER AND ACCEPTANCE; PRICING. Aspect shall sell and NK shall purchase the Aspect Products during the calendar year at the prices set forth in Exhibit A (Aspect Products and Purchase Prices), except as noted in 4.1(a). The parties have agreed to initiate at least once a year discussions on market conditions and trends as well as pricing of the Products. Additional pricing programs will be discussed as new NK Patient Monitors are introduced into the Japanese markets; no sooner than one year after the Commencement Date.
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OFFER AND ACCEPTANCE; PRICING. Philips’ and its Affiliates’ purchases of Aspect Products during the first calendar year shall be at the prices set forth in Exhibit A (Aspect Products and Purchase Prices), except as noted in Sections 6.2 and 6.4. The Parties have agreed, subject to applicable law, to initiate at least once a year discussions on market conditions and trends as well as transfer pricing of Aspect Products.
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Related to OFFER AND ACCEPTANCE; PRICING

  • Offer and Acceptance This writing is an offer by us to you which shall remain open for ten (10) days from the date first above written, but after ten (10) days from said date your acceptance hereof shall be deemed a counteroffer to us which we can accept or reject. Upon your acceptance hereof or our acceptance of your counteroffer, then this Agreement shall constitute the sole agreement between us concerning our purchase of your accounts effective as of the date first above written and shall supersede all prior agreements between us on the subject hereof. Your acceptance hereof shall be made by your execution and delivery of this Agreement to us at our office in Los Angeles, California, and our acceptance or rejection of your counteroffer will be made at our office in Los Angeles, California.

  • Assignment and Acceptance; Notes The parties to each assignment shall execute and deliver to the Administrative Agent an Assignment and Assumption, together with a processing and recordation fee of $4,500 ($7,500 for any Defaulting Lender) for each assignment (which fee the Administrative Agent may, in its sole discretion, elect to waive), and the assignee, if it is not a Lender, shall deliver to the Administrative Agent an Administrative Questionnaire. If requested by the transferor Lender or the assignee, upon the consummation of any assignment, the transferor Lender, the Administrative Agent and the Borrower shall make appropriate arrangements so that new Notes are issued to the assignee and such transferor Lender, as appropriate.

  • Delivery and Acceptance 4.1 Developer shall submit to Publisher a Version of the Product at each Milestone for approval. Publisher shall (acting reasonably) review the submission for compliance with the relevant parts of the Specification at that Milestone and for Publisher’s continued awareness as to the Product status.

  • Assignment and Acceptance The parties to each assignment shall execute and deliver to the Administrative Agent an Assignment and Acceptance, together with a processing and recordation fee of $3,500, and the assignee, if it is not a Lender, shall deliver to the Administrative Agent an Administrative Questionnaire.

  • Acceptance and Assumption Assignee hereby accepts the foregoing assignment and further hereby assumes and agrees to perform, from and after January 1, 2002, all duties, obligations and responsibilities of the property manager arising under the Agreement.

  • Appointment of and Acceptance by NCPS Issuer and Broker hereby appoint NCPS to serve as Escrow Agent hereunder, and NCPS hereby accepts such appointment in accordance with the terms of this Escrow Agreement.

  • Inspection and Acceptance a. The Contracting Officer or the duly authorized representative will perform inspection and acceptance of materials and services to be provided.

  • FORM OF ASSIGNMENT AND ACCEPTANCE This Assignment and Acceptance (“Assignment and Acceptance”) is dated as of the Effective Date set forth below and is entered into by and between [Insert name of Assignor] (the “Assignor”) and [Insert name of Assignee] (the “Assignee”). Capitalized terms used but not defined herein shall have the meanings given to them in the Credit Agreement identified below, receipt of a copy of which is hereby acknowledged by the Assignee. The Standard Terms and Conditions set forth in Annex 1 attached hereto (the “Standard Terms and Conditions”) are hereby agreed to and incorporated herein by reference and made a part of this Assignment and Acceptance as if set forth herein in full. For an agreed consideration, the Assignor hereby irrevocably sells and assigns to the Assignee, and the Assignee hereby irrevocably purchases and assumes from the Assignor, subject to and in accordance with the Standard Terms and Conditions and the Credit Agreement, as of the Effective Date inserted by the Administrative Agent as contemplated below (i) all of the Assignor’s rights and obligations as a Lender under the Credit Agreement and any other documents or instruments delivered pursuant thereto to the extent related to the amount and percentage interest identified below of all of such outstanding rights and obligations of the Assignor under the respective facilities identified below (including, without limitation, Letters of Credit included in such facilities) and (ii) to the extent permitted to be assigned under applicable law, all claims, suits, causes of action and any other right of the Assignor (in its capacity as a Lender) against any Person, whether known or unknown, arising under or in connection with the Credit Agreement, any other documents or instruments delivered pursuant thereto or the loan transactions governed thereby or in any way based on or related to any of the foregoing, including, but not limited to, contract claims, tort claims, malpractice claims, statutory claims and all other claims at law or in equity related to the rights and obligations sold and assigned pursuant to clause (i) above (the rights and obligations sold and assigned pursuant to clauses (i) and (ii) above being referred to herein collectively as, the “Assigned Interest”). Such sale and assignment is without recourse to the Assignor and, except as expressly provided in this Assignment and Acceptance, without representation or warranty by the Assignor.

  • Appointment and Acceptance The Trust hereby appoints the Distributor as a distributor of shares of beneficial interest in the Trust (the “shares”) which may from time to time be registered under the 1933 Act and as servicing agent of shareholders and shareholder accounts of the Trust, and the Distributor hereby accepts such appointment in accordance with the terms and conditions set forth herein. As the Trust’s agent, the Distributor shall, except to the extent provided in Section 4 hereof, be the exclusive distributor for the unsold portion of the shares.

  • Electronic Delivery and Acceptance The Company may, in its sole discretion, decide to deliver any documents related to current or future participation in the Plan by electronic means. The Participant hereby consents to receive such documents by electronic delivery and agrees to participate in the Plan through an on-line or electronic system established and maintained by the Company or a third party designated by the Company.

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