Unable to Agree Sample Clauses

Unable to Agree. If no such terms are agreed on or before the date falling one hundred twenty (120) days after the date of the commencement of the Force Majeure Event and such Force Majeure Event is continuing or its consequence remains such that the Affected Party is unable to comply with its relevant obligations under this Agreement for a continuous period of more than one hundred eighty (180) days (including, if applicable, the one hundred twenty (120) day period referred to above), then, subject to Section 24.3.5 (Consequences of Termination), either Party may terminate this Agreement by giving twenty (20) Business Days’ written notice to the other Party.
Unable to Agree. In the event Seller and Blue Ridge Paper’s representative are unable to agree upon the rate for the upcoming quarter or year, Seller shall be entitled to meet with the appropriate Blue Ridge Paper’s Management Team to discuss and attempt to resolve such rate. • Deliveries shall continue pending the Management Team’s decision at the then-current rate, and adjustments shall be retroactive to the beginning of the quarter or year. • If agreement still is not met, an agreed to third party arbitrator will be used to establish the price within the quarter in question. • If the parties fail to agree upon an arbitrator, then each party may select an arbitrator and the arbitrators so chosen shall appoint a third to act as an umpire. The majority opinion of the three shall be the binding decision upon the parties. BLUE RIDGE PAPER PRODUCTS INC. CHIP SPECIFICATIONS CANTON, NC MILL TARGET MAXIMUM SIZE (PINE & HARDWOOD) 3/4” BARK SUMMER LESS THAN 1 % 1 % WINTER LESS THAN 2 % 2 % OVERSIZE (RETAINED ON 1 3/4” SCREEN) 1 % 3 % PINS (RETAINED ON 1/8” SCREEN) 7 % 10 % FINES (PASS THROUGH 1/8” SCREEN) 0.5 % 1 % RETAINED ON 1” SCREEN 15 % RETAINED ON 1/2” SCREEN 65 % RETAINED ON 3/8” SCREEN 10 % OTHER: ALL CHIPS WILL BE SCREENED. STANDARD SCREEN SIZES ARE: TOP SCREEN - 1 3/4” ROUND BOTTOM SCREEN - 3/8” ROUND PINE AND HARDWOOD CHIPS WILL BE COMPLETELY SEPARATED. NO CONTAMINATION IS ALLOWED FROM PLASTICS, SOIL, METAL, STYROFOAM, OIL, ETC. “BEETLE KILLED” OR DEAD AND STAINED WOOD WILL BE NO MORE THAN 25% OF A LOAD. ALL OTHER WOOD IS EXPECTED TO BE “GREEN”AVERAGING BETWEEN 40 TO 50% MOISTURE CONTENT. NOTE: BOTH RESIDUAL AND PRIMARY CHIP SUPPLIERS ARE EXPECTED TO ADHERE TO THESE CHIP SIZE SPECIFICATIONS. FAILURE TO DO SO WILL RESULT IN TERMINATION OF DELIVERIES. REVISION DATE: MARCH, 1997

Related to Unable to Agree

  • Provisions Applicable to All Transfers and Exchanges (i) Subject to this Section 2.10, Physical Notes and beneficial interests in Global Notes may be transferred or exchanged from time to time and the Registrar will record each such transfer or exchange in the Register.

  • Provisions Applicable to Certain Agreements The provisions in this section are applicable only to the types of orders specified in the first sentence of each subsection. If this Agreement is not of the type described in the first sentence of a subsection, then that subsection does not apply to the Agreement.

  • General Provisions Applicable to Loans AND LETTERS OF CREDIT ---------------------

  • Evaluation and Understanding It is capable of evaluating and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of this Agreement and each Transaction hereunder. It is also capable of assuming, and assumes, all financial and other risks of this Agreement and each Transaction hereunder.

  • Certain Agreements Related to Deposits Subject to Section 2.2, the Assuming Institution agrees to honor the terms and conditions of any written escrow or mortgage servicing agreement or other similar agreement relating to a Deposit liability assumed by the Assuming Institution pursuant to this Agreement.

  • Representations, Warranties, Agreements to Survive All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company or (ii) delivery of and payment for the Public Securities.

  • Limitations Applicable to Section 16 Persons Notwithstanding any other provision of the Plan or this Agreement, if Participant is subject to Section 16 of the Exchange Act, the Plan, the Option and this Agreement shall be subject to any additional limitations set forth in any applicable exemptive rule under Section 16 of the Exchange Act (including any amendment to Rule 16b-3 of the Exchange Act) that are requirements for the application of such exemptive rule. To the extent permitted by applicable law, this Agreement shall be deemed amended to the extent necessary to conform to such applicable exemptive rule.

  • Execution and Effect of Agreement Buyer has the requisite corporate power and authority to enter into this Agreement and to perform its obligations hereunder, and the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby and the performance of Buyer’s obligations hereunder have been duly authorized by all necessary corporate action on the part of Buyer. This Agreement has been duly executed and delivered by Buyer and constitutes the legal, valid and binding obligation of Buyer, enforceable against it in accordance with its terms, subject to the Enforceability Exceptions.

  • Authorization and Effect of Agreement Seller has all requisite corporate power and authority to execute and to deliver this Agreement and the Collateral Agreements to which it is a party (the "Seller Collateral Documents") and to perform the transactions contemplated hereby and thereby. The execution and delivery by Seller of this Agreement and the Seller Collateral Documents and the performance by it of the transactions contemplated hereby and thereby have been duly authorized by all necessary corporate action on the part of Seller. This Agreement and the Seller Collateral Documents have been duly executed and delivered by Seller and each such agreement constitutes a valid and binding agreement of Seller, enforceable against Seller in accordance with its terms, subject to applicable bankruptcy, reorganization, moratorium, and similar laws affecting creditors' rights and remedies generally and subject, as to enforceability, to general principles of equity.

  • REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS 3.1 Each Party hereby represents and warrants to the other Party that, as of the date this Contract Amendment No. 15 is signed and as of the Effective Date of this Contract Amendment No. 15: