Conergy definition
Examples of Conergy in a sentence
Payment of sums due from Conergy shall be made upon terms set forth above.
In addition, MEMC shall be considered as a preferred vendor and shall have an annual right of first refusal (but not an obligation, unless MEMC would be so obligated pursuant to Section 2.2(a) hereof) to negotiate with Conergy to supply Conergy with additional Wafers, in excess of [***] percent ([***]%) of Conergy’s then current demand for Wafers (such potential amount, the “Additional Wafer Supply”).
With its subsidiaries SunTechnics, AET and voltwerk as well as with its own brand, Conergy serves the market through distinct and well positioned brands in different sales channels.
Each of MEMC and Conergy and their respective counsel have reviewed and negotiated the terms of this Agreement.
Each Contract Year, as set forth below in this Section 2.2(a), MEMC agrees to supply Conergy, over the course of the Contract Year, with the Yearly Target Quantity per Contract Year, at the prices set forth on Attachment B hereto, which Yearly Target Quantity will not fall below the Yearly Minimum Quantities (as such term is defined in Section 2.2(a)(i) below for Contract Years one through five and in Section 2.2(a)(ii) below for Contract Years six through ten).
Similarly, if MEMC offers technical or other advice to Conergy, whether or not at Conergy’s request, with respect to processing, further manufacture, other use or resale of the Wafers, and Conergy declines to follow such advice, MEMC shall not be liable for, and Conergy assumes all risk of, such declination of advice and the results thereof.
Conergy is one of the leading system integrators in Europe with major activities in the German market.
MEMC Order Acknowledgements shall reference the applicable Conergy purchase order.
At all times during the term of this Agreement, unless otherwise mutually agreed by the parties, Conergy shall have provided MEMC with binding purchase orders requesting shipments of Wafers over at least the next ninety (90) days.
MEMC shall give prompt written notice to Conergy of any such Force Majeure Event and any associated delivery changes.