Unable to Agree Sample Clauses

Unable to Agree. In the event Seller and Champion’s representative are unable to agree upon the rate for the upcoming quarter or year, Seller shall be entitled to meet with Champion’s General Manager for the region to discuss and attempt to resolve such rate. • Deliveries shall continue pending the General Manager’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 used to establish the price within the quarter in question. CHAMPION INTERNATIONAL CORPORATION CHIP SPECIFICATIONS CANTON, NC MILL EXHIBIT “A” SUNCREST TARGET MAXIMUM SIZE (PINE & HARDWOOD) 3/4” BARK SUMMER LESS THAN 1 % 2 % 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 - 1/8” 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.
Sample 1
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Unable to Agree. If no such terms are agreed on or before the date falling one hundred and eighty (180) Working 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 obligations under this Agreement for a period of more than one hundred and eighty (180) Working Days, then, subject to clause 30.9, either Party may terminate this Agreement by giving twenty (20) Working Days’ written notice to the other Party.
Sample 1

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.

  • Requirements Applicable to All Dispositions and Admissions Any Disposition of Membership Interests and any admission of an Assignee as a Member shall also be subject to the following requirements, and such Disposition (and admission, if applicable) shall not be effective unless such requirements are complied with:

  • General Provisions Applicable to Loans 30 5.1 Interest Rates and Payment Dates...............................................................30 5.2 Conversion and Continuation Options............................................................31 5.3 Minimum Amounts and Maximum Number of Tranches.................................................32 5.4

  • 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 Understandings Each of the parties is a sophisticated legal entity or person that was advised by experienced counsel and, to the extent it deemed necessary, other advisors in connection with this Agreement. Accordingly, each of the parties hereby acknowledges that (i) no party has relied or will rely in respect of this Agreement or the transactions contemplated hereby upon any document or written or oral information previously furnished to or discovered by it or its representatives, other than this Agreement (including the Company Disclosure Schedule), (ii) there are no representations or warranties by or on behalf of any party hereto or any of its respective affiliates or representatives other than those expressly set forth in this Agreement, and (iii) the parties’ respective rights and obligations with respect to this Agreement and the events giving rise thereto will be solely as set forth in this Agreement.

  • 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.

  • Mutual Representations Each party hereby represents and warrants to the other party as follows:

  • Mutual Warranties Each party represents and warrants to the other that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.

  • 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.

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