to Buyer. Buyer provides to Seller a refund of any extension fees that have been paid plus the portion of its Performance Assurance in the amount of the Collateral Requirement associated with such Designated System.
to Buyer. Unless and until Buyer shall give written notice to Seller, Custodian and Bank to the contrary, all written notices to Buyer shall be sent to Custodian. For informational purposes, Buyer's address is as follows: 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, attention of ________________. Buyer's telephone is as follows: ______________.
to Buyer. If Buyer terminates this Contract in accordance with any of Buyer’s rights to terminate, Seller will, within five days after receipt of Buyer’s termination notice, authorize Title Company to deliver the Xxxxxxx Money to Buyer, less $100, which will be paid to Seller as consideration for the right granted by Seller to Buyer to terminate this contract.
to Buyer. Seller shall provide to Buyer a copy of the notification from U.S. Government or provide notice to Buyer upon Seller’s discovery of a spillage, as described in regulation subsection (k).
to Buyer. (b) Seller and Buyer shall execute and deliver a settlement statement (herein called the "PRELIMINARY SETTLEMENT STATEMENT") prepared by Seller and furnished to Buyer no less than seven (7) days prior to the Scheduled Closing Date) that shall set forth the Closing Amount (as hereinafter defined) and each adjustment and the calculation of such adjustments used to determine such amount. The term "
to Buyer. Buyer provides to Seller a refund from previously posted Performance Assurance in the amount of the Collateral Requirement associated with such Designated System.
to Buyer. (i) a conformed copy of the Deed, as recorded; (ii) one (1) fully executed original of the FIRPTA and the Assignment; (iii) the Title Policy; and (iv) plain copies of such other documents delivered into Escrow by Buyer and Seller to which Buyer would be, by custom and practice, entitled.
to Buyer. Buyer will cooperate with Seller in preparing the Transfer Date Balance Sheet, and shall provide Seller with such access as is reasonably requested to its books, records and employees in order to facilitate the preparation of the Transfer Date Balance Sheet. Buyer shall have the right to review the workpapers of the Seller used in preparing Seller's Presentation and the pro forma balance sheet and, to the extent that Buyer desires, full access to the books, records and properties of Seller and the personnel of the Seller, for purposes of verifying and auditing the accuracy of Seller's Presentation and the pro forma balance sheet. Seller's Presentation shall be deemed final and binding upon the parties hereto for all purposes hereunder unless Buyer gives written notice to the Seller of disagreements with Seller's Presentation or the pro forma balance Sheet within thirty (30) days after the receipt of Seller's Presentation by Buyer, such notice to specify in reasonable detail, insofar as possible, the nature and extent of such disagreements. If Buyer delivers such notice, the Seller and Buyer shall endeavor in good faith to resolve any disagreement over the Transfer Date Balance Sheet, the pro forma balance sheet and the calculation of the Targeted Working Capital and Transfer Date Working Capital. If the parties hereto are unable to resolve any such disagreement within thirty (30) days after Buyer gives the Seller such notice thereof, within fifteen (15) days thereafter such remaining disagreements shall be referred for final determination to an independent accounting firm of national reputation reasonably acceptable to the parties hereto. Such parties may submit to such accounting firm any facts which they deem relevant, and such accounting firm's determination of all matters pertaining to the pro forma balance sheet, the Transfer Date Balance Sheet and the calculation of the Transfer Date Working Capital shall be conclusive, non-appealable and binding upon the parties hereto for all purposes of this Section 4.
to Buyer. Possession of the Personal Property shall be transferred as of the Commencement Date (as defined in the Sublease Agreement). Seller has the right to use the Personal Property prior to the Commencement Date and shall have no liability to Buyer for any damage, destruction of loss prior to the Commencement Date. PERSONAL PROPERTY SCHEDULE 1 FORM OF LETTER OF CREDIT IRREVOCABLE STANDBY LETTER OF CREDIT NO LC ___________. DATE: ______________ XX, 2018 ISSUING BANK: WESTERN ALLIANCE BANK 00 XXXXXXX XXXXXXXXX, XXXXX 000 XXX XXXX, XX 00000 BENEFICIARY: XXXXXXX PACIFIC LLC _____________________________ _____________________________ APPLICANT: ABSCI, LLC 000 X 0XX XX XXXXX 000 XXXXXXXXX, XX 0000 AMOUNT: USD 500,000.00 EXPIRATION DATE: TBD LOCATION: AT OUR COUNTER IN SAN JOSE, CALIFORNIA WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. LC ____ IN YOUR FAVOR (THE “BENEFICIARY”). THIS LETTER OF CREDIT IS AVAILABLE BY SIGHT PAYMENT WITH OURSELVES ONLY AGAINST PRESENTATION AT THIS OFFICE OF THE FOLLOWING DRAWING DOCUMENTS:
to Buyer. Beginning in October 2008, Baseline Price Schedules will be reset annually for the following production year by (i) first, increasing the current Baseline Price Schedule for any proportionate increase in material costs or proportionate decrease in such costs shared with Buyer, in each case as described in the immediately preceding paragraph, and [...***...], then decreasing the current Baseline Price Schedule after adjusting for clause (i) above by [...***...], and provided further that the Baseline Price Schedules established for production year 2009 for the wind turbine blade specified in Buyer’s drawing number [...***...] shall not include [...***...]. An initial Baseline Price Schedule will be established at the time each new blade design and related specifications are approved and priced by Seller, [...***...].
