Purchase Procedures. 2.1 GSS shall from time to time notify the Sightholder or Accredited Buyer (as the case may be) of the dates and venues of Sights and any changes thereto. The dates and frequency of Sights in one Sight Location may vary from time to time from the dates of Sights in other Sight Locations. 2.2 A Sightholder or Accredited Buyer (as the case may be) shall submit a request for the Boxes which it wishes to purchase at a Sight not less than fourteen (14) days before the first day of such Sight or such other date as is notified by GSS from time to time. 2.3 No less than two (2) business days prior to the commencement of the relevant Sight, GSS shall notify the Sightholder or Accredited Buyer (as the case may be) as to whether or not any or all of the Boxes specified in the Sightholder or Accredited Buyer’s (as the case may be) Box request are available. For the avoidance of doubt, such notification shall only include those Boxes applied for by the Sightholder or Accredited Buyer (as the case may be) under Condition 2.2 and shall not require the Sightholder or Accredited Buyer (as the case may be) to offer to purchase any Boxes not applied for. 2.4 GSS will determine, and notify the Sightholder or Accredited Buyer (as the case may be) of, the venue of the Sight at which the Boxes notified to the Sightholder or Accredited Buyer (as the case may be) as available under Condition 2.3 will be available for inspection by the Sightholder or Accredited Buyer (as the case may be). At that Sight, the Sightholder or Accredited Buyer (as the case may be) shall be entitled to offer to purchase (at the price notified by GSS) all or any of the Boxes made available for inspection at that Sight. Acceptance by GSS of the Sightholder or Accredited Buyer’s (as the case may be) offer shall create a binding Contract. 2.5 The Sightholder or Accredited Buyer (as the case may be) may decide not to offer to purchase any or all of the Boxes made available for inspection. For Boxes containing Diamonds of above a size notified in writing by GSS from time to time (as well as for other Boxes as notified to the Sightholder or Accredited Buyer (as the case may be) from time to time), the Sightholder or Accredited Buyer (as the case may be) may reject up to a certain percentage of Diamonds by carat weight of the Box as determined in writing from time to time by GSS. The rejections will take place on the terms, and subject to conditions, as separately notified in writing from time to time by GSS. 2.6 A Sightholder or Accredited Buyer (as the case may be) shall be responsible for: 2.6.1 complying with all labelling, marking, packaging, Box description and other applicable legal requirements in the territory to which the Boxes are to be delivered; and 2.6.2 obtaining any necessary licences and paying all applicable duties, taxes, levies, penalties and other charges or fees of any kind in respect of the delivery of the Boxes and their resale by the Sightholder or Accredited Buyer (as the case may be); and 2.6.3 obtaining all necessary authorisations in terms of the Precious and Semi-Precious Stones (Protection) Act Cap 66:03 (as amended and/or replaced from time to time) for the purchase of rough or uncut diamonds,
Appears in 1 contract
Sources: Rough Diamond Supply Agreement
Purchase Procedures. 2.1 GSS The Issuer shall from time purchase such Debentures for cash at a Purchase Price equal to time notify the Sightholder or Accredited Buyer (as the case may be) 100% of the dates principal amount thereof, plus accrued and venues unpaid interest (including Additional Interest, if any) to, but excluding, the Purchase Date (the "PURCHASE PRICE") (provided that if the Purchase Date is an Interest Payment Date, any accrued and unpaid interest or Additional Interest, shall be paid to the Holder of Sights and record as of the applicable Regular Record Date, rather than to the Holder presenting the Debenture for purchase), at the option of the Holder thereof, upon:
(a) delivery to the Paying Agent by the Holder of a written notice of purchase (a "PURCHASE NOTICE") at any changes thereto. The dates and frequency of Sights in one Sight Location may vary from time to time from the dates opening of Sights in other Sight Locations.
2.2 A Sightholder or Accredited Buyer (as business on the case may be) shall submit a request for the Boxes which it wishes to purchase at a Sight not less than fourteen (14) days before the first day of such Sight or such other date as that is notified by GSS from time to time.
2.3 No less than two (2) business days 20 Business Days prior to a Purchase Date until the commencement close of business on the Business Day immediately preceding such Purchase Date stating:
(i) if a certificated Debenture has been issued, the certificate number of the relevant SightDebenture which the Holder will deliver to be purchased or if not, GSS shall notify the Sightholder or Accredited Buyer (such information as the case may be) as to whether or not any or all be required under applicable procedures of the Boxes specified in Depositary,
(ii) the Sightholder or Accredited Buyer’s (as the case may be) Box request are available. For the avoidance of doubt, such notification shall only include those Boxes applied for by the Sightholder or Accredited Buyer (as the case may be) under Condition 2.2 and shall not require the Sightholder or Accredited Buyer (as the case may be) to offer to purchase any Boxes not applied for.
2.4 GSS will determine, and notify the Sightholder or Accredited Buyer (as the case may be) of, the venue portion of the Sight at principal amount of the Debenture which the Boxes notified Holder will deliver to be purchased, which portion must be $1,000 or an integral multiple thereof, and
(iii) that such Debenture shall be purchased as of the applicable Purchase Date pursuant to the Sightholder or Accredited Buyer (as the case may be) as available under Condition 2.3 will be available for inspection by the Sightholder or Accredited Buyer (as the case may be). At that Sight, the Sightholder or Accredited Buyer (as the case may be) shall be entitled to offer to purchase (at the price notified by GSS) all or any provisions of the Boxes made available for inspection at that Sight. Acceptance by GSS of the Sightholder or Accredited Buyer’s (as the case may be) offer shall create a binding Contract.
2.5 The Sightholder or Accredited Buyer (as the case may be) may decide not to offer to purchase any or all of the Boxes made available for inspection. For Boxes containing Diamonds of above a size notified in writing by GSS from time to time (as well as for other Boxes as notified to the Sightholder or Accredited Buyer (as the case may be) from time to time), the Sightholder or Accredited Buyer (as the case may be) may reject up to a certain percentage of Diamonds by carat weight of the Box as determined in writing from time to time by GSS. The rejections will take place on the terms, Debentures and subject to conditions, as separately notified in writing from time to time by GSS.
2.6 A Sightholder or Accredited Buyer (as the case may be) shall be responsible for:
2.6.1 complying with all labelling, marking, packaging, Box description and other applicable legal requirements in the territory to which the Boxes are to be deliveredthis Article 6; and
2.6.2 obtaining any (b) delivery of such Debenture to the Paying Agent (or effectuate a book-entry transfer of such Debenture in accordance with the Depositary's procedures) prior to, on or after the Purchase Date (together with all necessary licences and paying all applicable duties, taxes, levies, penalties and other charges or fees of any kind in respect endorsements) at the offices of the Paying Agent, such delivery or book-entry transfer being a condition to receipt by the Holder of the Boxes and their resale by Purchase Price therefor; provided, however, that such Purchase Price shall be so paid pursuant to this Article 6 only if the Sightholder Debenture so delivered to the Paying Agent shall conform in all respects to the description thereof in the related Purchase Notice. The Issuer shall purchase from the Holder thereof, pursuant to this Article 6, a portion of a Debenture if the principal amount of such portion is $1,000 or Accredited Buyer (as the case may be); and
2.6.3 obtaining all necessary authorisations in terms an integral multiple of the Precious and Semi-Precious Stones (Protection) Act Cap 66:03 (as amended and/or replaced from time $1,000. Provisions of this Fourth Supplemental Indenture that apply to time) for the purchase of rough all of a Debenture also apply to the purchase of such portion of such Debenture. Any purchase by the Issuer contemplated pursuant to the provisions of this Article 6 shall be consummated by the payment of the Purchase Price to be received by the Holder in cash promptly following the later of the Purchase Date and the time of delivery, or uncut diamonds,book-entry transfer of the Debenture as set forth in Section 6.04.
Appears in 1 contract
Purchase Procedures. 2.1 GSS shall from time to time notify In the Sightholder or Accredited Buyer (as the case may be) event of the dates purchase of Landlord’s interest in the Premises by Tenant pursuant to any provision of this Lease, the terms and venues of Sights and any changes thereto. The dates and frequency of Sights in one Sight Location may vary from time to time from the dates of Sights in other Sight Locationsconditions set forth below shall apply.
2.2 A Sightholder or Accredited Buyer (as a) On the case may be) shall submit a request for the Boxes which it wishes to purchase at a Sight not less than fourteen (14) days before the first day of such Sight or such other closing date as is notified by GSS from time to time.
2.3 No less than two (2) business days prior to the commencement of the relevant Sight, GSS shall notify the Sightholder or Accredited Buyer (as the case may be) as to whether or not any or all of the Boxes specified in the Sightholder or Accredited Buyer’s (as the case may be) Box request are available. For the avoidance of doubt, such notification shall only include those Boxes applied for by the Sightholder or Accredited Buyer (as the case may be) under Condition 2.2 and shall not require the Sightholder or Accredited Buyer (as the case may be) to offer to purchase any Boxes not applied for.
2.4 GSS will determine, and notify the Sightholder or Accredited Buyer (as the case may be) of, the venue of the Sight at which the Boxes notified to the Sightholder or Accredited Buyer (as the case may be) as available under Condition 2.3 will be available for inspection by the Sightholder or Accredited Buyer (as the case may be). At that Sight, the Sightholder or Accredited Buyer (as the case may be) shall be entitled to offer to purchase (at the price notified by GSS) all or any of the Boxes made available for inspection at that Sight. Acceptance by GSS of the Sightholder or Accredited Buyer’s (as the case may be) offer shall create a binding Contract.
2.5 The Sightholder or Accredited Buyer (as the case may be) may decide not to offer to purchase any or all of the Boxes made available for inspection. For Boxes containing Diamonds of above a size notified in writing by GSS from time to time (as well as for other Boxes as notified to the Sightholder or Accredited Buyer (as the case may be) from time to time), the Sightholder or Accredited Buyer (as the case may be) may reject up to a certain percentage of Diamonds by carat weight of the Box as determined in writing from time to time by GSS. The rejections will take place on the terms, and subject to conditions, as separately notified in writing from time to time by GSS.
2.6 A Sightholder or Accredited Buyer (as the case may be) shall be responsible for:
2.6.1 complying with all labelling, marking, packaging, Box description and other applicable legal requirements in the territory to which the Boxes are to be delivered; and
2.6.2 obtaining any necessary licences and paying all applicable duties, taxes, levies, penalties and other charges or fees of any kind in respect of the delivery of the Boxes and their resale by the Sightholder or Accredited Buyer (as the case may be); and
2.6.3 obtaining all necessary authorisations in terms of the Precious and Semi-Precious Stones (Protection) Act Cap 66:03 (as amended and/or replaced from time to time) fixed for the purchase of rough Landlord’s interest in the Premises:
(i) Tenant shall pay to Landlord, in lawful money of the United States, by wire transfer of immediately available funds, at Landlord’s address hereinabove stated or uncut diamonds,at any other place in the United States which Landlord may designate, the purchase price; and
(ii) (ii) Landlord shall execute and deliver to Tenant a limited warranty deed, assignment and/or such other instrument or instruments as may be appropriate, which shall transfer Landlord’s interest in the Premises subject to, (A) Permitted Encumbrances (except free of the lien of any Mortgage if the purchase is under Section 13), (B) all liens, encumbrances, charges, exceptions and restrictions attaching to the Premises after the Effective Date which shall not have been created or caused by Landlord, and (C) all Applicable Laws then in effect. In the case of a purchase of Landlord’s interest in the Premises by Tenant pursuant to Section 13, Landlord shall also pay to Tenant the net condemnation award, when received, if any.
(b) Tenant shall pay all costs, charges and expenses of Landlord and Mortgagee incident to such transfer, including, without limitation, all recording fees, attorneys’ fees and expenses, transfer taxes, title insurance premiums and federal, state and local taxes, except for any net income taxes.
(c) Tenant shall pay all Fixed Rent and Additional Rent due and payable up to an including the date Tenant purchases Landlord’s interest in the Premises.
(d) If Tenant elects to acquire the Premises by assuming Landlord’s Mortgage, it must first obtain the Mortgagee’s consent, and if so approved, then it must pay for Mortgagee’s assumption and transactional costs.
Appears in 1 contract
Purchase Procedures. 2.1 GSS 4.1 As an aid to Suppliers in planning its manufacture of Door Visors, Purchaser shall from time provide Suppliers with good faith estimates of purchases anticipated to time notify the Sightholder or Accredited Buyer (be made by Purchaser during a specified future period of Lime as the case may be) of the dates agreed between Purchaser and venues of Sights and any changes thereto. The dates and frequency of Sights Suppliers, which estimates shall be set forth in one Sight Location may vary from time each purchase order issued by Purchaser to time from the dates of Sights in other Sight LocationsSuppliers pursuant to Section 4.2, provided that such estimates shall not be binding on Purchaser.
2.2 A Sightholder or Accredited Buyer (as the case may be) shall submit a request 4.2 Unless otherwise agreed in writing, for the Boxes which it wishes purpose of ordering Door Visors , Purchaser shall issue a purchase order to Suppliers containing (i) a firm order for Door Visors for a specified period as agreed between Purchaser and Suppliers and (ii) a requested delivery date for such Door Visors. Each purchase order shall be sent by telex or facsimile, at a Sight not less than fourteen (14) 20 days before the first day requested date of delivery of Door Visors by Suppliers to Purchaser, and two copies of each such Sight or such other date as is notified purchase order duly signed by GSS from time Purchaser shall be immediately mailed by Purchaser to timeSuppliers.
2.3 No less than two (24.3 Suppliers shall notify Purchaser, by telex or facsimile, within five(5) business days prior to from the commencement date of the relevant Sightpurchase order, GSS shall notify the Sightholder or Accredited Buyer (as the case may be) as to whether or not Suppliers accept such purchase order and one copy of each purchase order shall be duly counter-signed and immediately returned by Supplier to Purchaser. Suppliers shall accept any or all purchase order if the quantities of the Boxes Door Visors specified in such purchase order do not grossly exceed the estimated quantities of the Door Visors specified in the Sightholder purchase order last issued by Purchaser to Suppliers pursuant to Section 4.2.
4.4 Each individual purchase agreement for the Door Visors shall become effective between Purchaser and Suppliers upon the acceptance by telex or Accredited Buyer’s (as facsimile by Suppliers, in accordance with Section 4.3. of a purchase order issued by Purchaser pursuant to Section 4.2.
4.5 If, at any time during the term of this Agreement, Suppliers are unable to manufacture and supply the full amount of the total quantity of Door Visors specified in the applicable purchase order issued by Purchaser and accepted by Suppliers, then, Suppliers will promptly advise Purchaser of the situation and steps, if any, which Suppliers propose to take to correct the deficiencies. Purchaser shall discuss with Suppliers and determine the quantity which will be supplied to Purchaser, the delivery schedule, and the manner and means of delivery to Purchaser. giving due consideration to such situation, the Suppliers' proposal on the steps to be taken and the results of such, discussion. Purchaser and Suppliers shall be bound by such determination of Purchaser.
4.6 Notwithstanding Section 4.5, the amount of all additional costs and any loss or damage incurred by Purchaser resulting from Suppliers' failure to deliver Door Visors in accordance with the applicable purchase order issued by Purchaser and accepted by Suppliers, shall be borne by Suppliers and in the case may be) Box request are available. For the avoidance of doubtany loss or damage, such notification shall only include those Boxes applied for promptly paid by the Sightholder or Accredited Buyer (as the case may be) under Condition 2.2 and shall not require the Sightholder or Accredited Buyer (as the case may be) Suppliers to offer to purchase any Boxes not applied forPurchaser upon demand.
2.4 GSS will determine4.7 The details of purchase procedures for Door Visors including manners of packing, packaging and loading of Door Visors, and notify the Sightholder or Accredited Buyer (as the case may be) of, the venue quantities of the Sight at Door Visors of which the Boxes notified each quantity of Door Visors to the Sightholder or Accredited Buyer (as the case may be) as available under Condition 2.3 will be available for inspection ordered by the Sightholder or Accredited Buyer (as the case may be). At that Sight, the Sightholder or Accredited Buyer (as the case may be) Purchaser hereunder shall be entitled to offer to purchase (at the price notified by GSS) all or any of the Boxes made available for inspection at that Sight. Acceptance by GSS of the Sightholder or Accredited Buyer’s (as the case may be) offer shall create a binding Contract.
2.5 The Sightholder or Accredited Buyer (as the case may be) may decide not to offer to purchase any or all of the Boxes made available for inspection. For Boxes containing Diamonds of above a size notified in writing by GSS from time to time (as well as for other Boxes as notified to the Sightholder or Accredited Buyer (as the case may be) from time to time), the Sightholder or Accredited Buyer (as the case may be) may reject up to a certain percentage of Diamonds by carat weight of the Box as determined in writing from time to time by GSS. The rejections will take place on the terms, and subject to conditions, as separately notified in writing from time to time by GSS.
2.6 A Sightholder or Accredited Buyer (as the case may be) multiples shall be responsible for:
2.6.1 complying with all labelling, marking, packaging, Box description and other applicable legal requirements set forth in the territory to which the Boxes are to be delivered; and
2.6.2 obtaining any necessary licences and paying all applicable duties, taxes, levies, penalties and other charges or fees of any kind in respect of the delivery of the Boxes and their resale by the Sightholder or Accredited Buyer (as the case may be); and
2.6.3 obtaining all necessary authorisations in terms of the Precious and Semi-Precious Stones (Protection) Act Cap 66:03 (as amended and/or replaced from time to time) for the purchase of rough or uncut diamonds,Purchase Procedures Manual.
Appears in 1 contract
Sources: Purchase Agreement (Glas-Aire Industries Group LTD)
Purchase Procedures. 2.1 GSS The Company shall from time purchase such Notes for cash at a Purchase Price equal to time notify the Sightholder or Accredited Buyer (as the case may be) 100% of the dates principal amount thereof, plus accrued and venues unpaid interest (including Additional Interest, if any) to, but excluding, the Purchase Date (the “Purchase Price”) (provided that if the Purchase Date is an Interest Payment Date or on or prior to an Interest Payment Date but after the related Regular Record Date, any accrued and unpaid interest shall be paid to the Holder of Sights and record as of the applicable Regular Record Date, rather than to the Holder presenting the Note for purchase), at the option of the Holder thereof, upon:
(a) delivery to the Paying Agent by the Holder of a written notice of purchase (a “Purchase Notice”) at any changes thereto. The dates and frequency of Sights in one Sight Location may vary from time to time from the dates opening of Sights business on the date that is 23 Business Days prior to a Purchase Date until the close of business on the third Business Day immediately preceding such Purchase Date stating:
(i) if a certificated Note has been issued, the certificate number of the Note which the Holder will deliver to be purchased or if not, such information as may be required under applicable procedures of the Depositary,
(ii) the portion of the principal amount of the Note which the Holder will deliver to be purchased, which portion must be $1,000 or an integral multiple thereof, and
(iii) that such Note shall be purchased as of the applicable Purchase Date pursuant to the provisions of the Notes and this Article 6; and
(b) delivery of such Note to the Paying Agent (or effectuate a book-entry transfer of such Note in other Sight Locations.
2.2 A Sightholder accordance with the Depositary’s procedures) prior to, on or Accredited Buyer after the Purchase Date (together with all necessary endorsements) at the offices of the Paying Agent, such delivery or book-entry transfer being a condition to receipt by the Holder of the Purchase Price therefor; provided, however, that such Purchase Price shall be so paid pursuant to this Article 6 only if the Note so delivered to the Paying Agent shall conform in all respects to the description thereof in the related Purchase Notice. The Company shall purchase from the Holder thereof, pursuant to this Article 6, a portion of a Note if the principal amount of such portion is $1,000 or an integral multiple of $1,000. Provisions of this First Supplemental Indenture that apply to the purchase of all of a Note also apply to the purchase of such portion of such Note. Any purchase by the Company contemplated pursuant to the provisions of this Article 6 shall be consummated by the payment of the Purchase Price to be received by the Holder in cash promptly following the later of the Purchase Date and the time of delivery, or book-entry transfer of the Note as set forth in Section 6.04. The Paying Agent shall promptly notify the Company of the receipt by it of any Purchase Notice or written notice of withdrawal thereof. Anything herein to the contrary notwithstanding, in the case of Global Securities, any Purchase Notice may be) shall submit a request be delivered or withdrawn and such Notes may be surrendered or delivered for purchase in accordance with the Boxes which it wishes to purchase at a Sight not less than fourteen (14) days before applicable procedures of the first day of such Sight or such other date Trustee and the Depositary as is notified by GSS in effect from time to time.
2.3 No less than two (2) business days prior to ; provided that the commencement of the relevant Sight, GSS shall notify the Sightholder or Accredited Buyer (as the case may be) as to whether or not any or all of the Boxes specified in the Sightholder or Accredited Buyer’s (as the case may be) Box request are available. For the avoidance of doubt, such notification shall only include those Boxes applied for by the Sightholder or Accredited Buyer (as the case may be) under Condition 2.2 and shall not require the Sightholder or Accredited Buyer (as the case may be) to offer to purchase any Boxes not applied for.
2.4 GSS will determine, and notify the Sightholder or Accredited Buyer (as the case may be) of, the venue of the Sight at which the Boxes notified to the Sightholder or Accredited Buyer (as the case may be) as available under Condition 2.3 will be available for inspection by the Sightholder or Accredited Buyer (as the case may be). At that Sight, the Sightholder or Accredited Buyer (as the case may be) shall be entitled to offer to purchase (at the price notified by GSS) all or any of the Boxes made available for inspection at that Sight. Acceptance by GSS of the Sightholder or Accredited Buyer’s (as the case may be) offer shall create a binding Contract.
2.5 The Sightholder or Accredited Buyer (as the case may be) may decide not to offer to purchase any or all of the Boxes made available for inspection. For Boxes containing Diamonds of above a size Paying Agent is notified in writing by GSS from time to time (as well as for other Boxes as notified to the Sightholder or Accredited Buyer (as the case may be) from time to time), the Sightholder or Accredited Buyer (as the case may be) may reject up to a certain percentage of Diamonds by carat weight of the Box as determined in writing from time to time by GSS. The rejections will take place on the terms, and subject to conditions, as separately notified in writing from time to time by GSS.
2.6 A Sightholder or Accredited Buyer (as the case may be) shall be responsible for:
2.6.1 complying with all labelling, marking, packaging, Box description and other applicable legal requirements in the territory to which the Boxes are to be delivered; and
2.6.2 obtaining any necessary licences and paying all applicable duties, taxes, levies, penalties and other charges or fees of any kind in respect of the such delivery of the Boxes and their resale by the Sightholder or Accredited Buyer (as the case may be); and
2.6.3 obtaining all necessary authorisations in terms of the Precious and Semi-Precious Stones (Protection) Act Cap 66:03 (as amended and/or replaced from time to time) for the purchase of rough or uncut diamonds,withdrawal.
Appears in 1 contract
Purchase Procedures. 2.1 GSS shall (a) After the Full Availability Date, and until this Amended Agreement is terminated, MSN or MSN's designee will (and upon the satisfaction in full of MSN's Minimum Commitment, MSN may) from time to time notify purchase from StarBand USB-CPE by sending to StarBand a purchase order (each a "Purchase Order"). Each Purchase Order shall be sent to StarBand not less than forty five (45) days prior to the Sightholder date on which MSN wishes to have its USB-CPE order completed. Each Purchase Order will set forth in reasonable detail (i) the number of USB-CPE units to be purchased, (ii) the date on which MSN, or Accredited Buyer MSN's designee, expects to take delivery, or, if such USB-CPE is to be delivered to a third-party retail distributor, the date on which such third-party retail distributor expects to take delivery, (iii) the Authorized Delivery Location (as defined below) at which the case USB-CPE is to be delivered and (iv) such other information as may be) of the dates and venues of Sights and any changes thereto. The dates and frequency of Sights in one Sight Location may vary from time to time from be reasonably requested by StarBand. StarBand warrants and represents that MSN Purchase Orders to meet the dates Minimum Commitment set out in Section 9 of Sights in other Sight Locationsthis Amended Agreement will be completed and shipped promptly and MSN will receive priority of supply over any USB-CPE orders for third parties so long as the requirements of Sections 5.2.6 and 5.2.7 are met.
2.2 A Sightholder (b) All orders placed by MSN or Accredited Buyer MSN's designee pursuant to this Amended Agreement shall be processed and distributed by StarBand promptly, and in all events, within at least thirty (as the case may be) shall submit a request for the Boxes which it wishes to purchase at a Sight not less than fourteen (1430) days before from and after the first day of such Sight or such other date as is notified by GSS on which StarBand shall have received a Purchase Order from time MSN. StarBand shall deliver the fulfilled purchase order to timethe location specified in each Purchase Order.
2.3 No less than two (2c) business days prior StarBand agrees that it shall cooperate with efforts made by MSN to the commencement of the relevant Sightenter into one or more third-party retail distribution arrangements with respect to reselling USB-CPE pursuant to this Amended Agreement to MSN Customers, GSS shall notify the Sightholder or Accredited Buyer (as the case may be) as to whether or not any or all of the Boxes specified in the Sightholder or Accredited Buyer’s (as the case may be) Box request are available. For the avoidance of doubtand that it will take such additional actions with respect to, and execute and deliver such additional documents relating to, such notification shall only include those Boxes applied for by the Sightholder or Accredited Buyer (arrangements as the case MSN may be) under Condition 2.2 and shall not require the Sightholder or Accredited Buyer (as the case may be) to offer to purchase any Boxes not applied for.
2.4 GSS will determine, and notify the Sightholder or Accredited Buyer (as the case may be) of, the venue of the Sight at which the Boxes notified to the Sightholder or Accredited Buyer (as the case may be) as available under Condition 2.3 will be available for inspection by the Sightholder or Accredited Buyer (as the case may be). At that Sight, the Sightholder or Accredited Buyer (as the case may be) shall be entitled to offer to purchase (at the price notified by GSS) all or any of the Boxes made available for inspection at that Sight. Acceptance by GSS of the Sightholder or Accredited Buyer’s (as the case may be) offer shall create a binding Contract.
2.5 The Sightholder or Accredited Buyer (as the case may be) may decide not to offer to purchase any or all of the Boxes made available for inspection. For Boxes containing Diamonds of above a size notified in writing by GSS from time to time (as well as for other Boxes as notified to the Sightholder or Accredited Buyer (as the case may be) from time to time), the Sightholder or Accredited Buyer (as the case may be) may reject up to a certain percentage of Diamonds by carat weight of the Box as determined in writing from time to time by GSS. The rejections will take place on the terms, reasonably request and subject to conditions, as separately notified in writing from time to time by GSS.
2.6 A Sightholder or Accredited Buyer (as the case may be) shall be responsible for:
2.6.1 complying with all labelling, marking, packaging, Box description terms and other applicable legal requirements in the territory to which the Boxes are conditions to be delivered; and
2.6.2 obtaining any necessary licences and paying all applicable duties, taxes, levies, penalties and other charges or fees of any kind in respect of the delivery of the Boxes and their resale agreed upon by the Sightholder or Accredited Buyer (as the case may be); and
2.6.3 obtaining all necessary authorisations in terms of the Precious and Semi-Precious Stones (Protection) Act Cap 66:03 (as amended and/or replaced from time to time) for the purchase of rough or uncut diamonds,Parties.
Appears in 1 contract
Sources: Broadband Access Services Supply Agreement (Starband Communications Inc)
Purchase Procedures. 2.1 GSS SSSA shall from time to time notify the Sightholder or Accredited Buyer (as the case may be) of the dates and venues of Sights and any changes thereto. The dates and frequency of Sights in one Sight Location may vary from time to time from the dates of Sights in other Sight Locations.
2.2 A Sightholder or Accredited Buyer (as the case may be) shall submit a request for the Boxes which it wishes to purchase at a Sight not less than fourteen (14) days before the first day of such Sight or such other date as is notified by GSS SSSA from time to time.
2.3 No less than two (2) business days prior to the commencement of the relevant Sight, GSS SSSA shall notify the Sightholder or Accredited Buyer (as the case may be) as to whether or not any or all of the Boxes specified in the Sightholder or Accredited Buyer’s (as the case may be) Box request are available. For the avoidance of doubt, such notification shall only include those Boxes applied for by the Sightholder or Accredited Buyer (as the case may be) under Condition 2.2 and shall not require the Sightholder or Accredited Buyer (as the case may be) to offer to purchase any Boxes not applied for.
2.4 GSS SSSA will determine, and notify the Sightholder or Accredited Buyer (as the case may be) of, the venue of the Sight at which the Boxes notified to the Sightholder or Accredited Buyer (as the case may be) as available under Condition 2.3 will be available for inspection by the Sightholder or Accredited Buyer (as the case may be). At that Sight, the Sightholder or Accredited Buyer (as the case may be) shall be entitled to offer to purchase (at the price notified by GSSSSSA) all or any of the Boxes made available for inspection at that Sight. Acceptance by GSS SSSA of the Sightholder or Accredited Buyer’s (as the case may be) offer shall create a binding Contract.
2.5 The Sightholder or Accredited Buyer (as the case may be) may decide not to offer to purchase any or all of the Boxes made available for inspection. For Boxes containing Diamonds of above a size notified in writing by GSS SSSA from time to time (as well as for other Boxes as notified to the Sightholder or Accredited Buyer (as the case may be) from time to time), the Sightholder or Accredited Buyer (as the case may be) may reject up to a certain percentage of Diamonds by carat weight of the Box as determined in writing from time to time by GSS. The rejections will take place on the terms, and subject to conditions, as separately notified in writing from time to time by GSS.
2.6 A Sightholder or Accredited Buyer (as the case may be) shall be responsible for:
2.6.1 complying with all labelling, marking, packaging, Box description and other applicable legal requirements in the territory to which the Boxes are to be delivered; and
2.6.2 obtaining any necessary licences and paying all applicable duties, taxes, levies, penalties and other charges or fees of any kind in respect of the delivery of the Boxes and their resale by the Sightholder or Accredited Buyer (as the case may be); and
2.6.3 obtaining all necessary authorisations in terms of the Precious and Semi-Precious Stones (Protection) Act Cap 66:03 (as amended and/or replaced from time to time) for the purchase of rough or uncut diamonds,other
Appears in 1 contract
Sources: Rough Diamond Supply Agreement