QUANTITY TO BE PURCHASED. It is understood and agreed that the Contractor is entering into this Agreement as a multiple source of supply without any guarantee from the State as to the quantity of the items covered by this Contract that might be ordered during the specified period.
QUANTITY TO BE PURCHASED. It is understood and agreed that the Contractor is entering into this Agreement as a multiple source of supply without any guarantee from the State as to the quantity of the items covered by this Contract that might be ordered during the specified period. TRANSPORTATION TERMS: The Contractor shall deliver F.O.B. Destination, Freight Prepaid, INDEMNIFICATION: To the fullest extent allowed by law, Contractor shall indemnify, defend, save and hold harmless, protect, and exonerate the State of Mississippi, its Commissioners, Board Members, officers, employees, agents, and representatives from and against all claims, demands, liabilities, suits, actions, damages, losses, and costs of every kind and nature whatsoever, including, without limitation, court costs, investigative fees and expenses, and attorneys’ fees, arising out of or caused by Contractor’s and/or its partners, principals, agents, employees, and/or subcontractors in the performance of or failure to perform this Agreement. In the State’s sole discretion, Contractor may be allowed to control the defense of any such claim, suit, etc. In the event Contractor defends said claim, suit, etc., Contractor shall use legal counsel acceptable to the State; Contractor shall be solely liable for all reasonable costs and/or expenses associated with such defense and the State shall be entitled to participate in said defense. Contractor shall not settle any claim, suit, etc., without the State’s concurrence, which the State shall not unreasonably withhold.
QUANTITY TO BE PURCHASED. It is understood and agreed that the Contractor is accepting this award as a multiple source of supply without any guarantee from the State as to the quantity of the items covered by this contract that might be ordered during the specified period.
QUANTITY TO BE PURCHASED. It is understood and agreed that the Contractor is entering this agreement as definite quantity contract.
QUANTITY TO BE PURCHASED. Buyer shall purchase 50% of the TerraFoil™ Product produced by Seller not to exceed the production maximum stated in Table 1. Available quantities for sale will be disclosed to Buyer on a quarterly basis (Quarterly Product Projection Meetings) beginning Q1 2007, and Buyer shall issue quarterly releases to purchase orders. Regular shipments of limited Product will commence in Q4 2006. Buyer agrees to purchase all available product in excess of 5% peak power efficiency as measured and documented by Seller. Table 1 Year Prod* Max MW 2006 Limited quantity ~ 20 kW 2007 1.5 2008 15.0 2009 38.5 2010 75.0 Total 130.0
QUANTITY TO BE PURCHASED. It is understood and agreed that the Contractor is entering into this Agreement as a multiple source of supply without any guarantee from the State as to the quantity of the items covered by this Contract that might be ordered during the specified period. TRANSPORTATION TERMS: Transportation terms shall be F.O.B. (Freight on Board) destination, freight and installation cost prepaid. The term F.O.B. destination shall mean delivered and installed inside any state agency or local government agency within the State of Mississippi with all charges for transportation and installation paid by the Contractor. On orders less than $1000 the freight only charge shall be prepaid by the vendor and may be added to the invoice. The vendor must include proof of actual shipping charges with the invoice. Cost of design fees are not considered a part of this agreement and must be negotiated with the buying entity.
