The Buyer Sample Clauses

The Buyer a. is not an employee benefit plan or other plan subject to the prohibited transaction provisions of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), or Section 4975 of the Internal Revenue Code of 1986, as amended (the "Code") (each, an "ERISA Plan"), or any person (including, without limitation, an insurance company investing its general accounts, an investment manager, a named fiduciary or a trustee of any ERISA Plan) who is using "plan assets", within the meaning of the U.S. Department of Labor ("DOL") regulation promulgated at 29 C.F.R. SS. 2510.3 101, of any ERISA Plan (each, an "ERISA Plan Investor"), to effect such acquisition; or
The Buyer. (a) relies on its own enquiries in relation to the Land; and
The Buyer. (the “Buyer”) with a mailing address of ______________________, City of ______________________, State of ______________________.
The Buyer. Notwithstanding anything to the contrary in this Article VII, the Buyer shall not be liable under this Article VII for any Losses resulting from any breach of a representation, warranty, covenant or agreement contained in this Agreement or in any other Buyer Document unless such claim involves Losses in excess of Ten Thousand Dollars ($10,000) or the aggregate amount of all such indemnifable Losses incurred or suffered exceeds Ten Thousand Dollars ($10,000), and then in which case the Buyer shall thereafter be liable for all indemnifiable Losses on a dollar-for-dollar basis without regard to such Threshold.
The Buyer. In the case of the Buyer or the Company as Indemnifying Party (i) any breach of any representation or warranty made by or on behalf of the Buyer in this Agreement or any certificate required to be delivered under this Agreement; and (ii) any breach or violation of any covenant or agreement made by or on behalf of the Buyer in this Agreement.
The Buyer. The Buyer recognizes and acknowledges that it had in the past and currently has access to certain confidential information relating to the Business, such as operational policies, customer lists, and pricing and cost policies, that are valuable, special and unique assets of the Business. The Buyer agrees that, prior to the Closing, or if the transactions contemplated by this Agreement are not consummated, it will not use or disclose such confidential information to its own benefit except in furtherance of the transactions contemplated by this Agreement or disclose such confidential information to any person, firm, corporation, association or other entity for any purpose or reason whatsoever, except (a) to the Seller and to authorized representatives of the Seller or the Buyer who need to know such information in connection with the transactions contemplated hereby, who have been informed of the confidential nature of such information and who have agreed to keep such information confidential as provided hereby, unless (i) such information becomes known to the public generally through no breach by the Buyer of this covenant, (ii) disclosure is required by law or the order of any governmental authority under color of law or is necessary in order to secure a consent or approval to consummate the transactions contemplated hereby, provided, that prior to disclosing any information pursuant to this clause (ii), the Buyer shall give prior written notice thereof to the Seller and provide the Seller with the opportunity to contest such disclosure, or (iii) the disclosing party reasonably believes that such disclosure is required in connection with the defense of a lawsuit against the disclosing party and the same prior disclosure set forth immediately above is given. In the event of a breach or threatened breach by the Buyer of the provisions of this Section, the Seller shall be entitled to an injunction restraining the Buyer from disclosing, in whole or in part, such confidential information. Nothing herein shall be construed as prohibiting the Seller from pursuing any other available remedy for such breach or threatened breach, including the recovery of damages. In the event that the transactions contemplated herein are not consummated, the Buyer shall return to the Seller within a reasonable time all documents containing confidential information relating to the Business.
The Buyer. (the “Buyer”) with a mailing address of , City of , State of .
The Buyer. Within the first six (6) business days of the month after the deliveries, THE BUYER will give to THE SELLER the information that it requires to make the relevant invoices. The invoices must be lodged at the Buyer’s Accounts Receivable offices in Bogotá and its filing date valid for payment purposes will be the date stated as receipt date by the Buyer’s Account Receivables’ office in Bogotá. The invoicing will be made based on the net volumes, free from water and sediment, corrected to sixty (60) degrees Fahrenheit received at the Point (s) of Delivery. For the approval of the invoices, it is necessary to submit the official forms Chart N° 4 and / or Form N° 9SH of the Ministry of Mines and Energy. In the event that the Ministry of Mines and Energy has not delivered, signed, Charts N° 4 and / or Form N° 9SH corresponding to the amount being invoiced, the Charts N°4 and / or Form N° 9SH submitted to the Ministry of Mines and Energy pending of signature will be accepted in a provisional manner, but THE SELLER must send to THE BUYER, on a quarterly basis, a copy of Charts N°4 and / or Form N° 9SH of the preceding quarter duly filled and signed by the Ministry of Mines and Energy. Taking into account the authorization of payments in foreign currency contained in article 51 of External Resolution Number 8 of 2000 of the Board of Directors of the Banco of the República (Central Bank), which states that it is possible to pay in foreign currency the sales and purchases of crude oil and natural gas produced in the country made by THE BUYER and the other entities engaged in the petroleum refining industrial activity, the invoicing that THE SELLER produces for the supply of crude oil to THE BUYER can be made in dollars of the United States of America. In all cases, the payment will be made 100% in dollars and it shall be made within thirty (30) calendar days after the presentation of the invoices duly filled, after all legal withholdings have been made, as the case may be. THE SELLER will inform THE BUYER beforehand and in writing, the bank account in which the respective payment is to be made. GENERAL CONDITIONS OF THE CRUDE OIL PURCHASE AGREEMENT Page - 6 - of 19 Free English translation of Spanish language document COMMERCIAL AND MARKETING VICE PRESIDENCY REFINED PRODUCTS AND CRUDE OILSNATIONAL MANAGER