Tools Price Sample Clauses

Tools Price. TDCC shall pay Symyx DTools for Discovery Tools Systems transferred during the Program Term the Tools Price as follows: (1) for Newly Developed Discovery Tools Systems or modules of Discovery Tools Systems that are designated Newly Developed Discovery Tools System, the Tools Price shall be *; and (2) for all other Discovery Tools Systems (excluding modules that are designated a Newly Developed Discovery Tools System), the Tools Price shall be *. In addition to the Tools Price, TDCC also shall pay Symyx DTools the cost of any additional warranty beyond the Warranty Period as provided for in the agreement for any particular Discovery Tools System as set forth in Section 7.11. The Tools Price described in this Section 7.4 is exclusive of federal, state, and local excise, sales, use, value added/ad volorem taxes, surtax and personal property taxes, fees export/import charges and other governmental assessments and similar taxes. TDCC shall be liable for and shall pay all applicable taxes and duties (other than taxes imposed on or measured by net income) appropriately invoiced by Symyx DTools, except to the extent TDCC provides Symyx DTools with a properly executed tax exemption certificate prior to delivery of an invoice setting forth any such taxes. TDCC shall not be liable for any federal, state, or local income tax, franchise tax, or similar tax based upon Symyx’s income. In addition to the Tools Price, TDCC shall bear all costs for transportation, shipping, and insurance expenses in respect of shipment to a delivery point designated by TDCC. The Tools Price shall be payable upon delivery and completion of validation of the Discovery Tools System as set forth in the agreement for each Discovery Tools System, unless otherwise mutually agreed by the parties, except that the definitive agreement for each Discovery Tools System described in Section 7.3 will provide for some level of advance payments to fund the development and construction of the Discovery Tools System. The total Tools Price paid by TDCC and its Affiliates for any and all Discovery Tools System and Newly Developed Discovery Tools System shall be included in determining whether TDCC has satisfied its commitments under Section 7.1.
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Tools Price. ExxonMobil shall pay Symyx DTools for Discovery Tools Systems the Tools Price as follows: For cumulative Tools Cost Tools Price payable by ExxonMobil * If the cost for a particular Discovery Tools System falls into more than one of the categories above, the Tools Price for such system shall be determined by multiplying the portion of the cost in each category by the price multiplier for that category. The Tools Price described in this Section 7.03 is exclusive of federal, state, and local excise, sales, use, and similar taxes. ExxonMobil shall be liable for and shall pay all applicable taxes (other than taxes imposed on or measured by net income) appropriately invoiced by Symyx DTools, unless ExxonMobil provides Symyx DTools with a properly executed tax exemption certificate prior to delivery of an invoice setting forth any such taxes. ExxonMobil shall not be liable for any federal, state, or local * Confidential treatment requested income tax, franchise tax, or similar tax based upon Symyx DTools’ income. In addition to the Tools Price, ExxonMobil shall bear all costs for transportation, shipping, and insurance expenses in respect of shipment to a delivery point designated by ExxonMobil.
Tools Price. If EMRE, EMCC or an Affiliate places a binding order with Symyx Tools for the purchase of a Discovery Tools System hereunder between [ * ], then EMRE, EMCC or their Affiliate (as applicable), will pay Symyx Tools a Tools Price for such Discovery Tools Systems equal to [ * ]. For clarity, the foregoing sentence acts as an amendment to Section 7.03 of the ATTLA. The Tools Price is exclusive of federal, state, and local excise, sales, use, and similar taxes. EMRE, EMCC or their Affiliate (as applicable) will be liable for and pay all applicable taxes (other than taxes imposed on or measured by net income) appropriately invoiced by Symyx Tools, unless EMRE, EMCC or their Affiliate (as applicable) provides Symyx Tools with a properly executed tax exemption certificate prior to delivery of an invoice setting forth any such taxes. None of EMRE, EMCC or a purchasing Affiliate will be liable for any federal, state, or local income tax, franchise tax, or similar tax based upon Symyx Tools’ income. In addition to the Tools Price, EMRE, EMCC or their Affiliate (as applicable) will bear all costs for transportation, shipping, and insurance expenses in respect of shipment to a delivery point designated by EMRE, EMCC or their purchasing Affiliate. [ * ] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.

Related to Tools Price

  • Supply Price In event BTC exercises the Supply Option, the Supply Agreement shall afford Auxilium supply terms for Year 1 that are not less favorable than the average price afforded to Auxilium by the Back-Up Suppliers for the year immediately preceding the Supply Date and supply terms for each successive year that are not less favorable than the average price afforded to Auxilium by the Back-Up Suppliers for each preceding year as applicable.

  • Sales Price At or before closing, Buyer will pay the following sales price for the Property:

  • CONTRACT YEAR The first Contract Year is the period of time ending on the first contract anniversary. Subsequent Contract Years are the annual periods between contract anniversaries.

  • Target Fair Market Value The Company agrees that the Target Business that it acquires must have a fair market value equal to at least 80% of the balance in the Trust Account at the time of signing the definitive agreement for the Business Combination with such Target Business (excluding taxes payable and the Deferred Underwriting Commissions). The fair market value of such business must be determined by the Board of Directors of the Company based upon standards generally accepted by the financial community, such as actual and potential sales, earnings, cash flow and book value. If the Board of Directors of the Company is not able to independently determine that the target business meets such fair market value requirement, the Company will obtain an opinion from an independent investment banking firm or another independent entity that commonly renders valuation opinions with respect to the satisfaction of such criteria. The Company is not required to obtain an opinion as to the fair market value if the Company’s Board of Directors independently determines that the Target Business does have sufficient fair market value.

  • Contract Sales Price The total consideration provided for in the sales contract for the sale of a Property.

  • Closing Price Closing Price shall mean the last reported market price for one share of Common Stock, regular way, on the New York Stock Exchange (or any successor exchange or stock market on which such last reported market price is reported) on the day in question. If the exchange is closed on the day on which the Closing Price is to be determined or if there were no sales reported on such date, the Closing Price shall be computed as of the last date preceding such date on which the exchange was open and a sale was reported.

  • Shares; Price The Company hereby grants to Optionee the right to purchase, upon and subject to the terms and conditions herein stated, the number of shares of Stock set forth in Section 1(c) above (the "Shares") for cash (or other consideration as is acceptable to the Board of Directors of the Company, in their sole and absolute discretion) at the price per Share set forth in Section 1(d) above (the "Exercise Price").

  • Market Price as of any date, (i) means the average of the last reported sale prices for the shares of Common Stock on the OTCBB for the five (5) Trading Days immediately preceding such date as reported by Bloomberg, or (ii) if the OTCBB is not the principal trading market for the shares of Common Stock, the average of the last reported sale prices on the principal trading market for the Common Stock during the same period as reported by Bloomberg, or (iii) if market value cannot be calculated as of such date on any of the foregoing bases, the Market Price shall be the fair market value as reasonably determined in good faith by (a) the Board of Directors of the Company or, at the option of a majority-in-interest of the holders of the outstanding Warrants by (b) an independent investment bank of nationally recognized standing in the valuation of businesses similar to the business of the corporation. The manner of determining the Market Price of the Common Stock set forth in the foregoing definition shall apply with respect to any other security in respect of which a determination as to market value must be made hereunder.

  • Floor Price BNYMCM shall not sell Common Shares below the Floor Price during any Selling Period, as such Floor Price may be adjusted by the Company at any time during any Selling Period upon notice to BNYMCM and confirmation to the Company.

  • Market Value Adjustment 16 3.07 Transfer of Current Value from the Funds or AG Account ............ 17 3.08 Notice to the Certificate Holder .................................. 18 3.09 Loans ............................................................. 18 3.10 Systematic Withdrawal Option (SWO) ................................ 18 3.11

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