Provisional Price Sample Clauses

Provisional Price. In the event the parties agree to apply a Provisional Price to any Product, the provisional price shall be as set forth in the applicable Subject Purchase Agreement.

Provisional Price. Takeda agrees to pay BioNumerik a Provisional Price for each unit of Product that BioNumerik supplies to Takeda.

Provisional Price. For purposes of provisional invoicing as provided in Section 11.3, the provisional price of each cargo of Concentrates shall be determined by Seller by reference to loaded weights, estimated assays, and except as provided otherwise in Section 8.10 of this Agreement the respective prices for (i) Payable Copper determined pursuant to Section 8.6 of this Agreement as if the applicable Quotational Period for Payable Copper were the two full calendar weeks prior to the date of shipment, less applicable smelting and refining charges, and (ii) Payable Gold and Payable Silver determined pursuant to Sections 8.7 and 8.8 of this Agreement, less applicable refining charges, as if the applicable Quotational Period for Payable Gold and Payable Silver were the two full calendar weeks prior to the date of shipment.

Provisional Price. 55 7.4 Reconciliation.............................................................................. 55 7.5 Samples and Clinical Supplies............................................................... 56 7.6

Provisional Price. Should the Seller elect to use the Working Capital Facility, the provisional pricing for the Materials delivered to Buyer shall be calculated in the manner set forth below: (a) Where the Material has been sold forward by Traxys to a Customer at the time of delivery to Traxys: (i) If the Customer Final Price for the shipment for sale to the Customer is known at the time of delivery to the Buyer, then the provisional price will be [XXX]. The provisional payment to the Seller for such Material will be [XXX]% of the provisional price; provided that the provisional payment percentage of [XXX]% shall be reduced, if applicable, to be the provisional payment percentage in any corresponding Customer Contract; and (ii) If the Customer Final Price for the shipment for sale to the Customer is unknown at the time of delivery to the Buyer, then the provisional price will be the estimated Customer Final Price, as determined by the Buyer using all relevant formulas in the Customer Contract. The provisional payment to the Seller for such Material will be [XXX]% of the provisional price, provided that the provisional payment percentage of [XXX]% shall be reduced, if applicable, to be the provisional payment percentage in any corresponding Customer Contract. (b) Where the Material remains unsold at the time of delivery to Traxys, the provisional price will be mutually agreed by ▇▇▇▇▇ and Seller using the benchmark prices set forth in clause 7.1 above and a provisional quotational period (being the average of the five business days preceding the date of delivery to the Buyer) and the provisional payment will be equal to [XXX]% of the provisional price. (c) Notwithstanding the foregoing, where the Material is “Off Spec Material,” the provisional price shall be [XXX]% of the benchmark prices set forth in clause 7.1 above and the provisional quotational period shall be the average of the five business days preceding the date of delivery to the Buyer. (d) In the case of Manganese Carbonate, whether sold forward or unsold at the time of delivery to Traxys, the provisional price shall be reduced by the expected shipping costs for the Material, to be mutually agreed by the Buyer and Seller.

Provisional Price. 120% of the Purchase Price as calculated by the Seller using the pricing formula and the then applicable quotations at the time the Advance must be paid by the Buyer or the Surety must be made by the Buyer.

Provisional Price. Not less than 10 (ten) Business Days prior to Closing, the Sellers shall (and, as the case may be, shall cause the Group Companies to) deliver to the Purchaser a notice (the “Closing Notice”) containing (i) the Payoff Letters and (ii) the Sellers’ good faith estimate of: (a) the Estimated Cash; (b) the Estimated Financial Debt; (c) the Estimated Working Capital Excess (if any); (d) the Estimated Working Capital Deficiency (if any); and, therefore (e) the estimation of the Price, calculated in accordance with Section 4.1 (the “Provisional Price”), provided, however, that if the Provisional Price as estimated by the Sellers in the Closing Notice is greater than Euro 125,000,000 (one hundred twenty five million) the Sellers and the Purchaser will promptly consult in good faith in an effort to mutually agree upon the Provisional Price and, absent such agreement in the five Business Days following delivery of the Closing Notice, the Provisional Price will be deemed to be Euro 125,000,000 (one hundred twenty five million).

Provisional Price. In the event that, prior to January 1 of any particular year, the Parties are unable to agree upon a Base Price, shipments of Coal for that year shall be made at a Provisional Price in the same manner as if the Parties had agreed upon a Base Price. The Provisional Price for any particular year shall be the Base Price in effect in the last year in which a Base Price was established. In the event that the Parties are unable to agree upon a Base Price for 1994, the Provisional Price for 1994 quantities shall be the average base price per Ton, weighted by actual quantities delivered and adjusted for gross heating value, paid by Taipower for Coal delivered in 1993 under its contracts for the purchase of steam coal from U.S. East Coast and Gulf Coast suppliers, except contracts in which the 1993 price was established with reference to an escalation formula. Shipments at the Provisional Price shall continue until a Base Price has been agreed upon or determined in arbitration.

Provisional Price. The initial price for the purchase of the Agreement Product shall be set as soon as practicable, but in no event later than within thirty (30) days from the Effective Date and by September 30th of each Fiscal Year commencing in 1997. The intention is that the provisional price will be a close approximation to the expected final purchase price for the next Fiscal Year. In the event that the parties cannot so agree, the provisional price will be ** of the average net selling price on a per vial basis in the preceding second calendar quarter.