Payment Does Not Constitute Acceptance Sample Clauses

Payment Does Not Constitute Acceptance. Payment does not constitute acceptance, but all materials, merchandise or services are subject to Purchaser’s/Contractor’s inspection and rejection: defective material or merchandise or service not per the specifications will be held for Seller’s/Subcontractor’s instruction and at Seller’s/Subcontractor’s risk. No goods returned as defective shall be replaced without an order. Agreement Modification: No statement, condition or agreement, and no representation or guarantee has been made by any agent, officer or employee of Purchaser/Contractor in any way affecting the terms hereof. No alteration or modification of this order is varied unless in writing, signed by an authorized executive of Purchaser. Assigned Work: Sellers/Subcontractor agrees that it will not assign Seller’s/Subcontractor’s Work or any aspect of this Agreement, or any of the monies due it, or become due hereunder, nor sublet any portion of the work without first obtaining written consent of the Purchaser/Contractor. Should Purchaser/Contractor consent to Seller/Subcontractor request to issue a Tiered‐Subcontract or assign a portion of this scope of work, Seller/Subcontractor agrees to bind all Tiered‐Subcontractors to the scope, terms, conditions and obligations of this purchase order/subcontract and all referenced documents herein. All work performed or all material furnished by Seller/Subcontractor and/or Tiered‐Subcontractors shall be in strict accordance with all applicable plans, general conditions, specifications, and addenda as incorporated herein and Tiered‐Subcontractor(s) are bound by all provisions of these documents, and all other documents to which the Purchaser/Contractor as named herein is bound, and to the same extent. This Agreement’s references to Seller/Subcontractor shall also refer to any Tiered‐Subcontractor, such that any and all requirements and obligations of Seller/Subcontractor are the same for Tiered‐Subcontractors. Compliance With All Rules and Regulations of the Governing Authorities and Agencies: Seller/Subcontractor further agrees to comply with all existing safety and health requirements of local, state and federal regulatory agencies and to provide the required S.D.S. sheets to comply with O.S.H.A. Hazard Communication requirements. Taxes, Fees and Contributions: Seller/Subcontractor shall pay all contributions, taxes or premiums which may be payable under Federal or State Unemployment Insurance law or the Federal Social Security Act and all Sales, Use or ...
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Payment Does Not Constitute Acceptance. No payment by Owner of any Application for Payment shall constitute acceptance by Owner of Work completed or of materials stored that are not in conformity with the Contract Documents, and no such payment shall be construed as a waiver of any right or claim by Owner in connection with such Work or stored material.
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Payment Does Not Constitute Acceptance. Payment shall not constitute acceptance of Products and shall be subject to adjustment for errors, shortage, defects in Products or other failure of PIC to comply with the terms of this Agreement. Acceptance shall be deemed to have taken place as set forth in Section 4.2.
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Related to Payment Does Not Constitute Acceptance

  • Advances Do Not Constitute a Waiver No Advance made hereunder shall constitute a waiver of any condition to any Lender’s obligation to make such an advance unless such waiver is in writing and executed by such Lender.

  • Conditions to Xxxxx’x Obligations The obligations of Xxxxx hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by Xxxxx of a due diligence review satisfactory to Xxxxx in its reasonable judgment, and to the continuing satisfaction (or waiver by Xxxxx in its sole discretion) of the following additional conditions:

  • Acknowledgement of Discretionary Nature of the Plan; No Vested Rights By accepting the Restricted Stock Units, the Participant consents to participation in the Plan and acknowledges receipt of a copy of the Plan. The Participant understands that the Company has unilaterally, gratuitously and in its sole discretion granted Restricted Stock Units under the Plan to individuals who may be Participants of the Company or its subsidiaries throughout the world. The decision is a limited decision that is entered into upon the express assumption and condition that any grant will not economically or otherwise bind the Company or any of its subsidiaries on an ongoing basis. Consequently, the Participant understands that the Restricted Stock Units are granted on the assumption and condition that the Restricted Stock Units and the Shares acquired upon settlement of the Restricted Stock Units shall not become a part of any employment contract (either with the Company or any of its subsidiaries) and shall not be considered a mandatory benefit, salary for any purposes (including severance compensation) or any other right whatsoever. In addition, the Participant understands that this grant would not be made to the Participant but for the assumptions and conditions referenced above; thus, the Participant acknowledges and freely accepts that should any or all of the assumptions be mistaken or should any of the conditions not be met for any reason the Restricted Stock Units shall be null and void. The Participant understands and agrees that, as a condition of the Restricted Stock Units, unless otherwise provided in Section 4 (Termination of Employment) of the Agreement, any unvested Restricted Stock Units as of the date the Participant ceases active employment will be forfeited without entitlement to the underlying Shares or to any amount of indemnification in the event of termination of employment or service. The Participant acknowledges that the Participant has read and specifically accepts the conditions referred to in the Agreement regarding the impact of a termination on the Restricted Stock Units.

  • Extension or Amendment of Receivables Except as provided in the Agreement, the Seller shall not, and shall not permit the Servicer to, extend the maturity or adjust the Outstanding Balance or otherwise modify the terms of any Pool Receivable, or amend, modify or waive any term or condition of any related Contract.

  • Conditions to Obligation of the Purchaser The obligation of the Purchaser to purchase the Receivables from the Seller on the Closing Date is subject to the satisfaction of the following conditions:

  • Extension or Amendment of Pool Receivables Except as otherwise permitted in Section 9.02, the Servicer will not alter the delinquency status or adjust the Outstanding Balance or otherwise modify the terms of any Pool Receivable in any material respect, or amend, modify or waive, in any material respect, any term or condition of any related Contract. The Servicer shall at its expense, timely and fully perform and comply in all material respects with all provisions, covenants and other promises required to be observed by it under the Contracts related to the Pool Receivables, and timely and fully comply with the Credit and Collection Policy with regard to each Pool Receivable and the related Contract.

  • Payment and Purchase Procedure The Purchase Price shall be paid simultaneously with Investor’s delivery of this Subscription Agreement. Investor shall deliver payment of the Purchase Price of the Subject Offered Shares in the manner set forth in Section 8 hereof. Investor acknowledges that, in order to subscribe for Offered Shares, Investor must comply fully with the purchase procedure requirements set forth in Section 8 hereof.

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