Price Modification Sample Clauses

Price Modification. The Company shall not reset, amend or modify any purchase price, conversion price or exercise price in connection with any equity or equity-linked securities without the consent of the Investor, whether the issuance of such securities occurred prior to or after the date hereof: (a) prior to the record date for determining shareholders entitled to vote at the Shareholder Meeting, and (b) to a purchase price, conversion price or exercise price less than the then current fair market value of the underlying equity or equity-linked securities.
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Price Modification. The amounts set forth in each Purchase Order are based on the number of experiments and production cycles provided therein. The yield and quality for each production batch of Contract Material may not be determined prior to commencement of the Agreement or particular Purchase Order. If after the initial research and pilot stages are completed the plasmid yield or quality does not meet the needs of the CUSTOMER, the Parties shall negotiate the steps to take and appropriate price adjustments as provided in Section 2. If either Party terminates the Agreement pursuant to Section 2, VGX shall retain all payments made prior to the date of termination. All Contract Materials for which CUSTOMER has paid and which have not been shipped to the CUSTOMER prior to the date of termination, shall be shipped immediately to the CUSTOMER. In any event all price modifications will be mutually agreed in writing. Execution Copy CONFIDENTIAL
Price Modification. The Company shall not reset, amend or modify any purchase price, conversion price or exercise price in connection with any equity or equity-linked securities without the consent of the Investors, whether the issuance of such securities occurred prior to or after the date hereof unless a judgment is rendered by a court of competent jurisdiction that requires the Company to act otherwise. 4.18
Price Modification. In the limited case of distribution of Insignia Products based on pJava to Phoenix as an Insignia Licensee, the parties agree that the minimum royalty owed to Sun be Insignia identified in Section II(a) of Exhibit C-2 of the Agreement shall be reduced to [******]. Notwithstanding the foregoing, this price and the prepaid royalties in Paragraph 3 below shall apply only to distributions of Insignia Licensee Product by or for Phoenix that are bundled and for use only with Internet Appliances. The [******] price in Paragraphs 2 and 3 is conditioned upon Insignia's compliance with the Agreement, including Paragraphs 3, 4, 5 and 6 of this Addendum.
Price Modification. If your service offer has a specific price and duration, the price will remain in effect until the end of the offer period. You must accept a new offer and price if you wish to continue the Services. If the Services are provided for fixed periods (for example, monthly) without specifying any duration and it is not an evaluation offer, we may change its price up to 5% annually, but we must inform you of this at least 30 days before the change takes effect. You will have the opportunity to cancel the Services before the price change occurs. When we notify you of the price change, we will also inform you that it will take effect if you do not cancel the Services. Once the period of validity ends, and as long as you have not canceled the Services after receiving our information, we will charge you for the use of the Services at the new price. If you do not agree with the price change, you must cancel and stop using the Services in its Premium version before the change takes effect.
Price Modification. The prices stated by the Supplier and accepted by ENOBERG shall not be subject to any modification, unless otherwise agreed by the Parties in writing.
Price Modification. Subject to what will be said below, all prices confirmed by HEXONYS are non-revisable, except in cases of force majeure.
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Related to Price Modification

  • Waiver; Modification Failure to insist upon strict compliance with any of the terms, covenants, or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of, or failure to insist upon strict compliance with, any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. This Agreement shall not be modified in any respect except by a writing executed by each party hereto.

  • Required Modifications 13 Section 9.2

  • Waiver and Modification Any waiver, alteration, or modification of any of the provisions of this Agreement shall be valid only if made in writing and signed by the parties hereto. Each party hereto, may waive any of its rights hereunder without affecting a waiver with respect to any subsequent occurrences or transactions hereof.

  • Amendment; Modification No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

  • Assignment and Modification This Agreement may be modified or assigned only by a writing signed by all of the parties.

  • Amendment and Modification This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto.

  • Waiver, Modification, Etc No provision or term of this Amendment may be modified, altered, waived, discharged or terminated orally, but only by an instrument in writing executed by the party against whom such modification, alteration, waiver, discharge or termination is sought to be enforced.

  • Waiver and Modifications Any Party may (a) waive, in whole or in part, any inaccuracy of, or consent to the modification of, any representation or warranty made to it hereunder or in any document to be delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the other Parties (c) waive or consent to the modification of any of the covenants herein contained for its benefit or waive or consent to the modification of any of the obligations of the other Parties hereto or (d) waive the fulfillment of any condition to its own obligations contained herein. No waiver or consent to the modifications of any of the provisions of this Agreement will be effective or binding unless made in writing and signed by the Party or Parties purporting to give the same and, unless otherwise provided, will be limited to the specific breach or condition waived. The rights and remedies of the Parties hereunder are cumulative and are in addition to, and not in substitution for, any other rights and remedies available at law or in equity or otherwise. No single or partial exercise by a Party of any right or remedy precludes or otherwise affects any further exercise of such right or remedy or the exercise of any other right or remedy to which that Party may be entitled. No waiver or partial waiver of any nature, in any one or more instances, will be deemed or construed a continued waiver of any condition or breach of any other term, representation or warranty in this Agreement.

  • Modification; Assignment No amendment or other modification, rescission, release, or assignment of any part of this Agreement shall be effective except pursuant to a written agreement subscribed by the duly authorized representatives of the parties hereto.

  • Software Modifications Company may request that BNYM, at Company’s expense, develop modifications to the software constituting a part of the Licensed System that BNYM generally makes available to customers for modification (“Software”) that are required to adapt the Software for Company’s unique business requirements. Such requests, containing the material features and functionalities of all such modifications in reasonable detail, will be submitted by Company in writing to BNYM in accordance with the applicable, commercially reasonable procedures maintained by BNYM at the time of the request. Company shall be solely responsible for preparing, reviewing and verifying the accuracy and completeness of the business specifications and requirements relied upon by BNYM to estimate, design and develop such modifications to the Software. BNYM shall have no obligation to develop modifications to the Licensed System requested by Company, but may in its discretion agree to develop requested modifications which it, in its sole discretion, reasonably determines it can accomplish with existing resources or with readily obtainable resources without disruption of normal business operations provided Company agrees at such time in writing to pay all costs and expenses, including out-of-pocket expenses, associated with the customized modification. BNYM shall be obligated to develop modifications under this Section 2.16 only upon the execution of and in accordance with a writing containing, to BNYM’s reasonable satisfaction, all necessary business and technical terms, specifications and requirements for the modification as determined by BNYM in its sole judgment (“Customization Order”) and Company’s agreement to pay all costs and expenses, including out-of-pocket expenses, associated with the customized modification (“Customization Fee Agreement”). All modifications developed and incorporated into the Licensed System pursuant to a Customization Order are referred to herein as “Company Modifications”. BNYM may make Company Modifications available to all users of the Licensed System, including BNYM, at any time after implementation of the particular Company Modification and any entitlement of Company to reimbursement on account of such action must be contained in the Customization Fee Agreement.

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