Sales of Product. (a) With respect to any Product sold by the Borrower to any Eligible Off-Taker, the Borrower shall cause each Eligible Off-Taker that enters into an Export Contract with the Borrower, to (x) make payments in respect of the Export Contract Receivables resulting therefrom directly to the Collection Account Financial Institution, for credit to the Molca Collection Account and (y) deliver to the Administrative Agent evidence in substance and form satisfactory to the Administrative Agent that (A) an Irrevocable Instruction has been delivered by the Borrower to such Eligible Off-Taker, and (B) that such Eligible Off-Taker has acknowledged receipt of such Irrevocable Instruction, in each case to the extent that payment of the Export Contract Receivables associated with such Export Contract to the Molca Collection Account is required to comply with Section 6.5(a) and Section 6.5(f).
Sales of Product. (s) Bitmain will provide the Product(s) set forth in Appendix A (attached hereto as part of this Agreement) to the Purchaser in accordance with provisions of Clause 2, Clause 3, Clause 4, Clause 5 and Appendix A of this Agreement, and the Purchaser shall make payment in accordance with the terms specified in this Agreement.
Sales of Product. All business decisions relating to the sale, price, marketing and promotion of any Product supplied under this Agreement, shall be within the sole discretion of JJPI. Diametrics further agrees that (i) payment by JJPI to Diametrics of the Prices set forth in Section 2.03 hereof for purchased Product, (ii) satisfying the minimum order requirements, or paying the shortfall amount, in accordance with Section 2.08, and (iii) compliance with the Marketing Plan, or expenditure of the minimum marketing and clinical expenditures, in accordance with Section 2.11, shall constitute complete satisfaction of any duty, whether express or implied, which could be imposed upon JJPI to commercially exploit its rights under this Agreement and are accepted by Diametrics in lieu of any best efforts obligations on the part of JJPI, and the remedies for the failure to fulfill any such obligations shall be limited, as applicable, to loss of exclusivity, termination or the payment of the Price for purchased Product as expressly set forth herein.
Sales of Product. All *** distributed under this Agreement, shall be within the sole discretion of ***.
Sales of Product. 4.01 All orders submitted to HYDROTECH for Products shall be in writing or confirmed in writing and signed by the Contractor. Contractor’s orders shall not be effective until filled by HYDROTECH or accepted in writing by HYDROTECH at its offices located in Montreal. HYDROTECH reserves the right to refuse any order for any reason whatsoever.
Sales of Product. Notwithstanding the foregoing, if Lilly terminates this Agreement under this Section 16.2 because of Product safety or health concerns Lilly shall be under no obligation to transfer possession and legal ownership to Regulatory Material to Generex under this Section 16.2 of this Agreement. Further, if Lilly terminates this Agreement under Section 16.2 because of a Product's unacceptable clinical trial results or for any other significant technical failure, Lilly shall retain non-exclusive rights under any Program Patent Rights that claim Sole Inventions of Generex and Program Know-How that relate to a Lilly Compound.
Sales of Product. Dermworx shall sell the Products only for its intended use. Dermworx has obtained or will obtain prior to the first sale of the Product all required approvals, if any, relating to the distribution, sale, marketing and use of the Product and will continue to maintain all such approvals in full force and effect.
Sales of Product. MDI hereby agrees and undertakes to arrange for the sale to and distribution of the products through Wal-Mart, Sam’s Club, and ACE Hardware (corporate). All sales shall be pursuant to terms and conditions agreeable to SDRT.
Sales of Product. Party A will cause Jiangsu Zhongneng Polysilicon Technology Development Co., Ltd. to execute a long-term purchase contract with the Joint Venture. As a special agreement, Party B designates Zibo Xxx Xxx Chemistry Factory to provide Jiangsu Zhongneng Polysilicon Technology Development Co., Ltd. with trichlorosilane for at least 200 tons per month from January, 2008 and for at least 1,000 tons averagely (that is, 70% of Zibo Xxx Xxx Chemistry Factory’s total production capability of
Sales of Product. If Lilly terminates this Agreement under Section 16.2(b), Lilly may elect to continue to sell Product until the Parties have negotiated the transfer of Regulatory Material and a reasonable royalty rate under Section 16.2(c)(2). Notwithstanding the foregoing, if Lilly terminates this Agreement under this Section 16.2 because of Product safety or health concerns Lilly shall be under no obligation to transfer possession and legal ownership to Regulatory Material to Generex under this Section 16.2 of this Agreement. Further, if Lilly terminates this Agreement under Section 16.2 because of a Product's unacceptable clinical trial results or for any other significant technical failure, Lilly shall retain non-exclusive rights under any Program Patent Rights that claim Sole Inventions of Generex and Program Know-How that relate to a Lilly Compound.
