Third Order Sample Clauses

Third Order. After the written acceptance by FedEx Corporate Services, Inc. of the software customization Services under the Professional Services Agreement dated August 29, 2005, Agreement, Federal shall be entitled to acquire by Purchase Order the items listed in the Third Order set forth in the attached Exhibit A for the total fee of One Hundred Eighty-Nine Thousand One Hundred and Ninety-Six Dollars and Ninety-Five Cents ($189,196.95). * Confidential Treatment Requested
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Third Order. (1) Upon Federal’s acceptance of the pilot field test of the [*] units acquired pursuant to FedEx Contract No. 00-0000-000, Contractor agrees to perform, on behalf of Federal, the additional services described in Exhibit B which is attached hereto and incorporated herein by reference (the “Third Order Services”).. * Confidential Treatment Requested
Third Order. Within ninety (90) days of the delivery of the Units comprising the Second Order into the Territory, the Purchaser will make a third non-refundable deposit for the purchase of five (5) additional Units to Taronis in an amount equal to twenty-five percent (25%) of the Unit Purchase Price per Unit, which amount is $3,515,625 (“Third Order”).
Third Order. On or before September 30, 2016, at least one-third (1/3) of the Minimum Amount of DNR Units.
Third Order. On or before September 30, 2016, at least one-third (1/3) of the Minimum Amount of DNR Units. Notwithstanding the foregoing, if on such date the Rig Count is in the Territory is at least five percent (5%) less than the Initial Rig Count, the minimum for the Second Order shall be reduced by a percentage equal to the aforementioned percentage difference on such date, Notwithstanding anything contained above, if the Second Order Rig Count in the Territory was less than the Initial Rig Count, and Distributor exercised its option to reduce the minimum for the Second Order, and the Rig Count in the Territory for the Third Order Date is greater than the Second Order Rig Count in the Territory, the amount of the Third Order minimum shall be increased by such percentage increase in the Rig Count; provided, however, notwithstanding the foregoing, the minimum for the Third Order shall be such that the minimum for all three Orders combined shall not exceed $1,500,000. The Parties agree that the “Initial Rig Count” means 255 rigs. Thereafter, “Rig Count” for the Territory shall be as published in the Tudor Pxxxxxxxx Weekly Roundup or if such Report is no longer available, the Bxxxx Hxxxxx Report, and shall consist of the number of drilling rigs performing horizontal drilling operations within the Territory during the applicable time period. On the following dates, for Distributor to maintain the benefits of exclusivity, the Run Rate utilization percentage must be equal to or greater than:

Related to Third Order

  • Field Order A written order issued by Engineer which requires minor changes in the Work but does not change the Construction Contract Price or the Construction Contract Times.

  • Field Orders B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above).

  • Preliminary Approval Order “Preliminary Approval Order” means the order of the Court preliminarily approving this Settlement Agreement.

  • Final Approval Order 62. The Parties shall jointly seek entry of a Final Approval Order, the text of which the Parties shall agree upon. The dismissal orders, motions or stipulation to implement this Section shall, among other things, seek or provide for a dismissal with prejudice and waiving any rights of appeal.

  • Scope and Order Placement These terms may be used by Customer either for a single Order or as a framework for multiple Orders. In addition, these terms may be used on a global basis by the parties’ “Affiliates”, meaning any entity controlled by, controlling, or under common control with a party. The parties can confirm their agreement to these terms either by signature where indicated at the end or by referencing these terms on Orders. Affiliates participate under these terms by placing orders which specify product or service delivery in the same country as the HP Affiliate accepting the Order, referencing these terms, and specifying any additional terms or amendments to reflect local law or business practices.

  • Layoff Order Seasonal employees shall be seasonally laid off in inverse order of Classification Seniority (State Seniority for Units 4 and 6) within the employment condition, seniority unit and principal place of employment of the affected position(s) unless waived by mutual agreement between the employee and the Appointing Authority.

  • Sale Order The Sale Order shall, among other things, (a) approve, pursuant to sections 105, 363 and 365 of the Bankruptcy Code, (i) the execution, delivery and performance by Sellers of this Agreement, (ii) the sale of the Acquired Assets to Buyer on the terms set forth herein and free and clear of all Encumbrances (other than Permitted Encumbrances), and (iii) the performance by Sellers of their obligations under this Agreement, (b) authorize and empower Sellers to assume and assign to Buyer the Transferred Contracts, (c) find that Buyer is a “good faith” purchaser within the meaning of section 363(m) of the Bankruptcy Code, find that Buyer is not a successor to any Seller, and grant Buyer the protections of section 363(m) of the Bankruptcy Code, (d) find that Buyer shall have no Liability or responsibility for any Liability or other obligation of any Seller arising under or related to the Acquired Assets other than as expressly set forth in this Agreement, including successor or vicarious Liabilities of any kind or character, including any theory of antitrust, environmental, successor, or transferee Liability, labor law, de facto merger, or substantial continuity, (e) find that Buyer has provided adequate assurance (as that term is used in section 365 of the Bankruptcy Code) of future performance in connection with the assumption of the Transferred Contracts, (f) find that Buyer shall have no Liability for any Excluded Liability, (g) find that the consideration provided by Buyer pursuant to this Agreement constitutes reasonably equivalent value and fair consideration for the Acquired Assets, (h) find that Buyer and Sellers did not engage in any conduct which would allow this Agreement to be set aside pursuant to section 363(n) of the Bankruptcy Code and (i) order that, notwithstanding the provisions of the Federal Rules of Bankruptcy Procedures 6004(h) and 6006(d), the Sale Order is not stayed and is effective immediately upon entry. Buyer agrees that it will promptly take such actions as are reasonably requested by any Seller to assist in obtaining Bankruptcy Court approval of the Sale Order, including furnishing affidavits or other documents or information for filing with the Bankruptcy Court for purposes, among others, of (A) demonstrating that Buyer is a “good faith” purchaser under section 363(m) of the Bankruptcy Code and (B) establishing adequate assurance of future performance within the meaning of section 365 of the Bankruptcy Code.

  • Final Order If the Interim Order is obtained and the Arrangement Resolution is approved at the Company Meeting in accordance with the terms of the Interim Order, the Company shall take all steps necessary to submit the Arrangement to the Court and diligently pursue an application for the Final Order pursuant to section 182 of the OBCA, as soon as reasonably practicable, but in any event not later than three Business Days, after the Arrangement Resolution is passed at the Company Meeting as provided for in the Interim Order.

  • Placement of Orders The Adviser shall arrange for the placing of all orders for the purchase and sale of securities for a Fund’s account with brokers or dealers selected by the Adviser. In the selection of such brokers or dealers and the placing of such orders, the Adviser is directed at all times to seek for each Fund the most favorable execution and net price available under the circumstances. It is also understood that it is desirable for the Funds that the Adviser have access to brokerage and research services provided by brokers who may execute brokerage transactions at a higher cost to the Funds than may result when allocating brokerage to other brokers, consistent with section 28(e) of the 1934 Act and any Commission staff interpretations thereof. Therefore, the Adviser is authorized to place orders for the purchase and sale of securities for a Fund with such brokers, subject to review by the Board from time to time with respect to the extent and continuation of this practice. It is understood that the services provided by such brokers may be useful to the Adviser in connection with its or its affiliates’ services to other clients.

  • Confirmation Order The Bankruptcy Court shall have entered the Confirmation Order, and such Order shall be a Final Order.

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