PAYMENTS AND DELIVERY. Customer will pay each License fee and/or Support fee upon receipt of invoice. Customer will pay, or reimburse, BMC or when required by law the appropriate governmental agency for taxes of any kind, including sales, use, VAT, excise, customs duties, withholding, property, and other similar taxes (other than taxes based on BMC’s net income) imposed in connection with the License and/or the Support fees which are exclusive of these taxes. For Products that are delivered electronically, upon request from BMC, Customer agrees to provide BMC with Documentation supporting that the designated Product was received electronically. If Customer accepts any Product in a non-electronic format, there may be an additional charge and it is the sole responsibility of Customer to bear any sales/use tax obligation, penalties, and interest. The unpaid balance of each late payment bears interest at a rate equal to the lesser of 1% per month or the maximum amount permitted by law. All Products are licensed FCA (“Free Carrier” as per Incoterms 2000) shipping point. The Products are accepted on the date BMC delivers the Product to the Customer either physically or by providing access codes for electronic download, whichever occurs first, however, such acceptance will not affect the Product Performance Warranty provided in this Agreement.
PAYMENTS AND DELIVERY. In accordance with the shipping options provided in the Invoice, FP shall deliver the Film(s) to Licensor in a timely manner (subject to prior payment). The Film(s) shall be deemed in satisfactory condition for transmission unless Licensor, after inspection thereof notifies FP to the contrary within seven (7) business days of receipt of the Film(s) (in either a digital file or as a hard copy DVD), specifying the nature of the defect. FP shall not be in breach of this Agreement for failure to deliver any of the Film(s)in the designated date and shall not be liable for incidental or consequential damages. Payment shall be made to FP electronically and Licensor acknowledges that delivery to Licensor shall occur only upon actual receipt by FP of payment in full.
PAYMENTS AND DELIVERY. Payments will be handled in accordance with Appendix A, Section 7.C of DIR Contract No. DIR-TSO-4034. The Products are accepted on the date Column delivers the Product to the Customer either physically or by providing access codes for electronic download, whichever occurs first, however, such acceptance will not affect the Product Performance Warranty provided in this Agreement.
PAYMENTS AND DELIVERY. Payment for the Firm Shares shall be --------------------- made in federal funds or other funds immediately available in New York City against delivery of such Firm Shares for the respective accounts of the several Underwriters at the office of Shearman & Sterling, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, at 9:00 a.m., New York City time, on [______], 1997, or at such other time on the same or such other date, not later than [________], 1997, as shall be designated in writing by you. The time and date of such payment are hereinafter referred to as the "Closing Date". Payment for any Additional Shares shall be made in federal funds or other funds immediately available in New York City against delivery of such Additional Shares for the respective accounts of the several Underwriters at the office of Shearman & Sterling, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, at 9:00 a.m., New York City time, on such date (which may be the same as the Closing Date but shall in no event be earlier than the Closing Date nor later than ten business days after the giving of the notice hereinafter referred to) as shall be designated in a written notice from you to the Company of your determination, on behalf of the Underwriters, to purchase a number, specified in said notice, of Additional Shares, or on such other date, in any event not later than [______], 1997, as shall be designated in writing by you. The time and date of such payment are hereinafter referred to as the "Option Closing Date". The notice of the determination to exercise the option to purchase Additional Shares and of the Option Closing Date may be given at any time within 30 days after the date of this Agreement. Certificates for the Firm Shares and Additional Shares shall be in definitive form and registered in such names and in such denominations as you shall request in writing not later than one full business day prior to the Closing Date or the Option Closing Date, as the case may be. The certificates evidencing the Firm Shares and Additional Shares shall be delivered to you on the Closing Date or the Option Closing Date, as the case may be, for the respective accounts of the several Underwriters, with any transfer taxes payable in connection with the transfer of the Shares to the Underwriters duly paid, against payment of the Purchase Price therefor.
PAYMENTS AND DELIVERY. 4.1 [Payment terms shall be % discount for payment within days of receipt of invoice, net payment within thirty (30) days].
PAYMENTS AND DELIVERY. 11.1 Payments for the Product ordered hereunder shall be paid by a confirmed irrevocable letter of credit, to be paid 30 days after delivery of the Product/s to the port of destination, or by credit card or by cash. Default of payment under any such letter of credit shall be deemed a material default permitting MD to terminate this Agreement in accordance with Section 6 above.
PAYMENTS AND DELIVERY. At or before 9:00 A.M., New York time, on the Closing Date (as defined in the Underwriting Agreement), we agree to deliver a certified or official bank check payable in New York Clearing House funds to the order of Wertheim Xxxxxxxxx, Incorporated account of First Madison Securities, Inc. c/o , New York, New York for the purchase of our Shares. At your option, such payment shall be in an amount equal to the initial public offering price of our Shares in respect to our Shares, or in an amount equal to the initial public offering price of the Shares less the concession to the Selected Dealers in respect to our Shares. Any balance due to us shall be credited to our account. We authorize you to utilize such payments to make payment for our Shares. Notwithstanding the foregoing, payment for and delivery of the Shares purchased by us hereunder shall be made through the facilities of the Depository Trust Company, if we are a member, unless we have otherwise notified you prior to the date specified in your telex or telegram to us, or if we are not a member, settlement may be made through a correspondent who is a member pursuant to instructions prior to such specified dates. Delivery to us of certificates shall be made as soon as practicable thereafter. We authorize you to hold and deliver against payment any of our Shares which have been sold or reserved for sale to Selected Dealers or retail purchasers. Any of the certificates representing our Shares not sold or reserved by you as aforesaid will be available for delivery to us at your office or the office of your clearing agent as soon as practicable after the certificates representing our Shares have been delivered to you. Upon the termination of this Agreement, or prior thereto at your discretion, you will deliver to us any of the certificates representing our Shares reserved by you for sale to Selected Dealers or retail purchasers but not sold and paid for, against payment by us of an amount equal to the initial public offering price of such Shares less the concession to the Selected Dealers in respect thereof. You shall not be accountable for interest on our funds at any time in your hands, and any such funds may be held by you unsegregated from your general funds.
PAYMENTS AND DELIVERY. 11.1 Payments for the Product ordered hereunder shall be paid by check, bank draft, or by credit card or by cash. Default of payment under any check issued, shall be deemed a material default permitting RD to terminate this Agreement in accordance with Section 6 above.
PAYMENTS AND DELIVERY. 4.1 Invoices at a minimum shall include Buyer’s Purchase Order number this Agreement number, Product number, unit price, and quantity.
PAYMENTS AND DELIVERY. Step 1. The Customer pays 9950 EUR.
