Sale of Product. Upon a Sale of the Product, or at such time as Licensing Revenue become due to the Contractor with respect to the Product, Contractor agrees to pay to NYSERDA: (i) one percent (1%) of the Sales Revenue and of all License Revenue accruing to the Contractor.
Sale of Product. If Customer fails to nominate for removal or remove its Product in accordance with the terms of this Agreement, or if Customer fails to pay any amount owing to Magellan hereunder when due, then Customer authorizes Magellan to sell Customer’s Product in Magellan’s possession by private sale on terms that are commercially reasonable under the circumstances. If such a sale is effected, Magellan will withhold from the proceeds therefrom all amounts owed to it hereunder and all expenses of sale including, but not limited to, reasonable attorneys’ fees and any amount necessary to discharge all liens against said Product, and the balance of the proceeds, if any, shall be remitted to Customer.
Sale of Product. To the extent permitted by law and the contracts by which any project financing is perfected, Holdco may, if it has not hired its own employees who have the capacity to market the products, appoint the Operator to be a sales agent for that portion of products produced by Holdco on terms and conditions which are consistent with industry practice.
Sale of Product. Siemens shall use its best commercial efforts to sell, sublicense and promote the Products within the Territory and shall not perform any act that may hinder or interfere with, or disparage or damage the reputation of, Unisphere and that of its products and services. In no event shall Siemens make any representations or warranties regarding the Products which are not included in or which are inconsistent with information provided by Unisphere to Siemens; notwithstanding the foregoing, in the event that Siemens elects to extend a warranty to a customer which is in excess of the limited warranty provided by Unisphere to Siemens under the terms of Section 13 hereof, Siemens shall be solely responsible therefor and shall indemnify and hold Unisphere harmless from any and all claims, in accordance with Section 17 hereof. Unisphere acknowledges and agrees that Siemens shall be entitled in its sole discretion to sell competing products to Unisphere's products both within and outside of the Territory.
Sale of Product. Subject to the terms and conditions of this Agreement, during the Delivery Term, Seller shall sell and deliver to Buyer, and Buyer shall purchase from Seller at the applicable prices set forth in Exhibit C, all of the Product produced by or associated with the Facility. At its sole discretion, Buyer may during the Delivery Term re-sell or use for another purpose all or a portion of the Product. During the Delivery Term, Xxxxx’s obligation to make payment for Facility Energy and all of the remaining Product from Seller under this Agreement shall be excused during the pendency of, and to the extent required by (A) a Force Majeure Event,
Sale of Product. (a) Subject to the terms of this Agreement, Supplier agrees to sell and deliver to Customer, and Customer agrees to purchase and take delivery from Supplier of an aggregate of [*]1 tons of Product during each Contract Year (the “Maximum Annual Purchase Amount”). Customer agrees to purchase and take delivery of Product on a Ratable Basis during each calendar month.
Sale of Product. GWI shall (i) not give any purchaser of Products --------------- any guarantee or warranty on behalf of Supplier and (ii) enter into all sale contracts for the Products as a principal.
Sale of Product. Aquasport shall manufacture and sell to Xxxxxx or Xxxxxx Subs those various Products ordered from time to time by Xxxxxx or Xxxxxx Subs pursuant to Aquasport's standard dealer agreement, as mutually agreed upon and as may be amended from time to time by mutual agreement.
Sale of Product. The Manufacturer covenants not to sell any product listed in this agreement, or product name (as listed in schedule A of this agreement) to any other party without prior written consent of the Customer.
Sale of Product. Wellcraft shall manufacture and sell to Xxxxxx or Xxxxxx Subs those various Products ordered from time to time by Xxxxxx or Xxxxxx Subs pursuant to Wellcraft's standard dealer agreement, as mutually agreed upon and as may be amended from time to time by mutual agreement. :
