Indirect Purchases Sample Clauses

Indirect Purchases. Subject to the clause in Article VI of the General Agreement entitled SCOPE OF AGREEMENT, if the AT&T Entities purchase Eligible Products from any of NCR's authorized Value Added Resellers ("VARs") or Independent Software Vendors ("ISVs") or from a third party NCR exclusive distributor in a given foreign country, NCR will credit towards AT&T's Commitment hereunder, the price paid by the AT&T Entities to the VAR, ISV or third party foreign distributor for components produced by NCR.
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Indirect Purchases. If You purchase XaaS Services from a Hitachi Partner, Hitachi will provide the XaaS Services to You under these Terms and the applicable Service Catalogue (if any), which will form the binding “XaaS Agreement” between Hitachi and You for the applicable XaaS Services as further described in the Definitions section. You will enter a separate agreement with the Hitachi Partner for the purchase of the XaaS Services covering matters such as ordering, pricing, commitment, service credits (if any) and payment terms. Hitachi will not be a party to, nor will be bound by the terms of Your agreement with the Hitachi Partner. Any terms of the agreement between the Hitachi Partner and You will not apply to the XaaS Agreement.
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Indirect Purchases. If You purchase XaaS Services from a Hitachi Partner, Hitachi will provide the XaaS Services ƚŽ zŽƵ ƵŶĚĞƌ ƚŚĞƐĞ dĞƌŵƐ ĂŶĚ ƚŚĞ ĂƉƉůŝĐĂďůĞ Xa^aSĞƌǀŝĐĞ Agreement͟ ďĞƚǁĞĞŶ ,ŝƚĂĐŚŝ ĂŶĚ zŽƵ ĨŽƌ ƚŚĞ ĂƉƉůŝĐĂďůĞ yĂĂ^ You will enter a separate agreement with the Hitachi Partner for the purchase of the XaaS Services covering matters such as ordering, pricing, commitment, service credits (if any) and payment terms. Hitachi will not be a party to, nor will be bound by the terms of Your agreement with the Hitachi Partner. Any terms of the agreement between the Hitachi Partner and You will not apply to the XaaS Agreement.
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Indirect Purchases. Where Customer purchases the Cloud Services through a Reseller, Customer’s payment terms are with the Reseller and not with Druva; however, a breach of Customer’s payment obligations to a Reseller will be deemed to be a breach of this Section 13(a).
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Indirect Purchases. For Software, Extended Communication Service, Professional Services, and/or Software Assurance and Technical Support ordered through AtHoc’s authorized distributor or reseller, Licensee shall timely pay all applicable fees and other compensation as agreed between Licensee and such distributor or reseller.
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Indirect Purchases. If Customer is purchasing the Services through a third party marketplace or a Datadog approved reseller (each an
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Indirect Purchases. 23 D. Notices....................................................................................24
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Indirect Purchases. 25 (ii) 4
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Indirect Purchases. If Customer is purchasing the Services through a third party marketplace or a Datadog approved reseller (each an “Intermediary”), the following terms shall apply solely for the purposes of such indirect purchase: (a) all references to an ‘Order’ in the Agreement shall refer to the order between the Customer and the Intermediary; (b) in addition to the rights provided in Section 1.3 (Data), Datadog is permitted to share Usage Data and other information regarding Customer with the Intermediary; (c) Sections 5 (Pricing and Fees) and 6 (Order Renewal) will be without effect and the terms between the Intermediary and Customer covering such subject matter will apply instead; (d) per the terms of the agreement between Datadog and the Intermediary, Datadog has a right to terminate its order(s) with the Intermediary, in the event of failure by Intermediary to make payments to Datadog; (e) Sections 11.2, 11.3, and 11.4 (Termination) will be without effect as any termination of an Order and all terms in this Agreement with respect to refund or payment obligations, if any, will be between the Intermediary and Customer; notwithstanding the foregoing, both Parties agree to take the required steps through the Intermediary processes in order to achieve the intended results of the terms in Section 11.2, 11.3, and 11.4 and any other refund or payment obligations.
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Related to Indirect Purchases

  • Purchases Without the prior written consent of Lender, no materials, machinery, equipment, fixtures or any other part of the Repairs or Capital Replacements will be purchased or installed under conditional sale contracts or lease agreements, or any other arrangement wherein title to such Repairs or Capital Replacements is retained or subjected to a purchase money security interest, or the right is reserved or accrues to anyone to remove or repossess any such Repairs or Capital Replacements, or to consider them as personal property.

  • No Direct or Indirect Payments Except as described in the Registration Statement, the Pricing Disclosure Package and the Prospectus, the Company has not made any direct or indirect payments (in cash, securities or any other “item of value” as defined in Rule 5110(c)(3) of FINRA’s Conduct Rules): (i) to any person, as a finder’s fee, consulting fee or otherwise, in consideration of such person raising capital for the Company or introducing to the Company persons who raised or provided capital to the Company; (ii) to any person that, to the Company’s knowledge, has been accepted by FINRA as a member of FINRA (a “Member”); or (iii) to any person or entity that, to the Company’s knowledge, has any direct or indirect affiliation or association with any Member, within the twelve months prior to the initial effective date of the Registration Statement, other than payments to the Underwriters pursuant to this Agreement.

  • VWAP Purchases Subject to the terms and conditions of this Agreement, in addition to purchases of Purchase Shares as described in Section 1(b) above, with one Business Day’s prior written notice (as long as such notice is delivered on or before 5:00 p.m. Eastern time on the Business Day immediately preceding the VWAP Purchase Date), the Company shall also have the right but not the obligation to direct the Buyer by the Company’s delivery to the Buyer of a VWAP Purchase Notice from time to time, and the Buyer thereupon shall have the obligation, to buy the VWAP Purchase Share Percentage of the trading volume of the Common Stock on the VWAP Purchase Date up to the VWAP Purchase Share Volume Maximum on the VWAP Purchase Date (each such purchase, a “VWAP Purchase”) at the VWAP Purchase Price. The Company may deliver a VWAP Purchase Notice to the Buyer on or before 5:00 p.m. Eastern time on a date on which the Company also submitted a Purchase Notice for a Regular Purchase of at least 100,000 Purchase Shares to the Buyer. A VWAP Purchase shall automatically be deemed completed at such time on the VWAP Purchase Date that the Sale Price falls below the VWAP Minimum Price Threshold; in such circumstance, the VWAP Purchase Amount shall be calculated using (i) the VWAP Purchase Share Percentage of the aggregate shares traded on the Principal Market for such portion of the VWAP Purchase Date prior to the time that the Sale Price fell below the VWAP Minimum Price Threshold and (ii) a VWAP Purchase Price calculated using the volume weighted average price of Common Stock sold during such portion of the VWAP Purchase Date prior to the time that the Sale Price fell below the VWAP Minimum Price Threshold. Each VWAP Purchase Notice must be accompanied by instructions to the Company’s Transfer Agent to immediately issue to the Buyer an amount of Common Stock equal to the VWAP Purchase Share Estimate, a good faith estimate by the Company of the number of Purchase Shares that the Buyer shall have the obligation to buy pursuant to the VWAP Purchase Notice. In no event shall the Buyer, pursuant to any VWAP Purchase, purchase a number of Purchase Shares that exceeds the VWAP Purchase Share Estimate issued on the VWAP Purchase Date in connection with such VWAP Purchase Notice; however, the Buyer will immediately return to the Company any amount of Common Stock issued pursuant to the VWAP Purchase Share Estimate that exceeds the number of Purchase Shares the Buyer actually purchases in connection with such VWAP Purchase. Upon completion of each VWAP Purchase Date, the Buyer shall submit to the Company a confirmation of the VWAP Purchase in form and substance reasonably acceptable to the Company. The Company may deliver additional VWAP Purchase Notices to the Buyer from time to time so long as the most recent purchase has been completed. The Company may, by written notice to the Buyer, in its sole discretion at any time after the date of this Agreement, irrevocably terminate this Section 1(c) and its right to direct the Buyer to make VWAP Purchases.

  • Transfer to Affiliates For the avoidance of doubt, transfer of employment among the Company and any of its Affiliates shall not constitute a termination of employment for purposes of this Award.

  • Restricted Investments Make any Restricted Investment.

  • Offers 1. No Offer made by XXXXX shall be binding with regard to price, contents, execution, delivery times, availability etc., unless stated otherwise by XXXXX in writing. If a non-binding Offer is accepted by the Purchaser, XXXXX may withdraw the Offer within two working days of receipt of the Purchaser’s acceptance of the Offer in writing.

  • Repurchases (a) Within 90 days of the earlier of discovery or receipt of notice by the Seller, from either the Purchaser or any successor or assign thereof, of a Defect (as defined in the Pooling and Servicing Agreement as in effect on the Closing Date) in respect of the Mortgage File for any Mortgage Loan or a breach of any representation or warranty made pursuant to Section 4(a) and set forth in Exhibit C (a "Breach"), which Defect or Breach, as the case may be, materially and adversely affects the value of any Mortgage Loan or the interests therein of the Purchaser or its successors and assigns (including, without limitation, the Trustee and the holders of the Certificates), the Seller shall cure such Defect or Breach, as the case may be, in all material respects or repurchase the affected Mortgage Loan from the then owner(s) thereof at the applicable Purchase Price (as defined in the Pooling and Servicing Agreement as in effect on the Closing Date) by payment of such Purchase Price by wire transfer of immediately available funds to the account designated by such owner(s); provided, however, that in lieu of effecting any such repurchase, the Seller will be permitted to deliver a Qualifying Substitute Mortgage Loan and to pay a cash amount equal to the applicable Substitution Shortfall Amount, subject to the terms and conditions of the Pooling and Servicing Agreement as in effect on the Closing Date. If the Seller is notified of a Defect in any Mortgage File that corresponds to information set forth in the Mortgage Loan Schedule, the Seller shall promptly correct such Defect and provide a new, corrected Mortgage Loan Schedule to the Purchaser, which corrected Mortgage Loan Schedule shall be deemed to amend and replace the existing Mortgage Loan Schedule for all purposes.

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