Acceptance and Delivery. Software will be provided by electronic means. Acceptance of Software (“Acceptance”) shall be automatic upon the successful completion of Grayshift’s standard installation procedures on the Product.
Acceptance and Delivery. This Subscription will be deemed to have been accepted and completed upon the acceptance of this Subscription by the Company.
Acceptance and Delivery. (a) On or about December 1, 1997 Lessor shall give Lessee written notice that the Aircraft is available for inspection at the Acceptance Location. Within three (3) Business Days thereafter, Lessee will inspect the Aircraft at such location. Lessee's inspection shall be long enough to permit Lessee to: (i) inspect the Aircraft Documents; (ii) inspect the Aircraft; and (c) inspect the Engines, including without limitation, to conduct, at Lessee's expense, a complete boroscope inspection which covers both hot and cold sections and a power assurance run; provided, however, that such inspection will not exceed three (3) consecutive days. Such inspection shall also include a demonstration flight, at Lessor's cost and expense, of up to two (2) hours in duration in accordance with Boeing standard flight operation check procedures, during which Lessee shall be entitled to have up to four (4) representatives on board the Aircraft. Lessor will maintain all insurance and assume full responsibility for loss or damage during such demonstration flight (unless such loss or damage is caused by the willful misconduct or gross negligence of Lessee or its representatives), and Lessor's pilot shall be the pilot-in-command for such flight, unless otherwise agreed by Lessor and Lessee. Except as otherwise provided herein, all other costs and expenses associated with Lessee's inspection will be the responsibility of Lessee.
Acceptance and Delivery. 4.1 As between Lessor and Lessee, Lessee acknowledges that in accepting the Aircraft, Lessee is relying on its own inspection and knowledge of the Aircraft in determining whether it meets the requirements of this Agreement.
Acceptance and Delivery. 6.1 After approval, the delivery is regarded as being accepted. If no advertisement has reached the salesperson within two months after delivery, the delivery is regarded as being accepted. Advertisements are supposed to be established by the purchaser, his principal or some other appointed third party.
Acceptance and Delivery. Federal's Acceptance of Services shall not affect Federal's right to reject such Services during the warranty period described in Section 10.01 in the event it discovers defects not discoverable by the Inspections and Tests performed by Hawker. Federal shall be afforded such additional time as is necessary to confirm that all defects have been eliminated and that the Services are acceptable to Federal and conform to the Agreement and the Specifications. Federal shall promptly notify Hawker in writing when it becomes aware of a defect in any of the Services. Hawker shall promptly correct all such defects.
Acceptance and Delivery. Licensor shall, within [***] of receipt of a purchase order, confirm in writing that a purchase order has been accepted. Subject to the Company’s compliance with the Order Size Requirement, Licensor shall be required to accept and fulfill the purchase orders (or portions thereof, as applicable) which are provided to Licensor in accordance with the terms and conditions of the Supply Agreement; provided, however, that the quantity of Filled Ampules in a given purchase order is no more than [***] or less than [***] of the quantity forecasted for such quarter when such quarter was in the binding portion of the Forecast. Should Company request Filled Ampules in excess of [***] of the quantity forecasted for such quarter when such quarter was in the binding portion of the latest Forecast, then Licensor shall use commercially reasonable efforts to meet such request. Licensor shall deliver Filled Ampules to satisfy each purchase order (including with respect to the delivery dates, delivery locations, quantities and other terms set forth therein).In the event that Company orders less than [***] of Filled Ampules in the aggregate in any [***], Licensor shall not be liable for failure to deliver the Filled Ampules in quantities up to [***] quantity due to batch failure either in the event of shortage in quantity or total batch failure. For the avoidance of doubt, in the case of shortage in quantity in a particular batch instead of a total batch failure, Company will still pay for the remaining Filled Ampules in that batch duly delivered in accordance with the terms of the Supply Agreement. Commercial Supply Price [***] of the Manufacturing Cost. Licensor will invoice Company for (i) [***] of the estimated price at the time of Licensor’s acceptance or deemed acceptance of the purchase order, and (ii) the balance upon delivery of the Filled Ampules. Company will pay within thirty (30) days upon receipt of each invoice.
Acceptance and Delivery. 1.1 Lessee has selected (a) Equipment it desires to lease from Lessor and (b) the vendor of such Equipment, and Lessor has approved the purchase orders (copies of such purchase orders are attached hereto as Exhibit B). Lessor shall place such purchase orders with the vendors in order to lease said Equipment to Lessee. The “Delivery Date” of the Equipment shall be the date on which such Equipment is received by Lessee at Lessee’s Plant (No. 12, Li-Hsin 1st Rd. Hsinchu Science Park, Hsinchu, Taiwan, R.O.C.). Delivery terms of the Equipment shall be FCA defined in Incoterms 2010 (as amended). Lessor is not responsible and shall not be held liable for the non-delivery, incomplete or delayed delivery, failure upon delivery, return for replacement, inland transportation, Customs clearance, erection, installation, assembly, commissioning, acceptance test, operation or maintenance of any Equipment, all of which shall be at the cost and risk of Lessee. For the avoidance of doubt, Lessor’s only obligation is to make payments of the purchase price/cost of Equipment pursuant to the relevant purchase order(s) with the total amount not to exceed One Billion and Three Hundred Fifty Million New Taiwan Dollars (NT$1,350,000,000) placed by Lessor, but will not otherwise assume any duty, obligation or liability whatsoever even if all Equipment cannot function as may be reasonably anticipated by Lessee.
Acceptance and Delivery. 2.1 Delivery deadlines and other terms commence on the date of confirmation of the order by the SELLER. Notwithstanding the foregoing, in the particular case of Pre-Production Meeting (PPM), it will take place during the following calendar week subsequent to the order´s confirmation. Failing this, the SELLER shall not be liable for any subsequent delay of the delivery.
Acceptance and Delivery. 3.1 Unless specified otherwise in the Order Form, any dates quoted for delivery of the Services are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Services that is c aused by an event, circumstance or cause within the scope of clause 24 (Force majeure), or the Customer's delays or failure to comply with its obligations under this MSA or Order Form.
3.2 The Supplier undertakes that the Services will be performed substantially in accordance with the Order Form and with reasonable skill and care in accordance with Good Industry Practice.
3.3 The undertaking at clause 3.2 shall not apply to the extent of any non-conformance which is caused by Customer's use of the Services contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the foregoing undertaking, Supplier will, at its expense, use commercially reasonable endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance.
3.4 Notwithstanding the foregoing, and except where stated otherwise in this MSA or Order Form, the Supplier:
3.4.1 does not warrant that the Customer's use of the Services will be uninterrupted or error -free; or that the Services, and/or the information obtained by the Customer through the Services will meet the Customer's requirements. The Customer acknowledges and agrees the Services are supplied on an “as is” and “as available” basis, unless otherwise expressly specified in this MSA or an Order Form;
3.4.2 excludes any other warranty, representation, express or implied term and/or condition of any kind, including without limitation, those of satisfactory quality, non-infringement or fitness for a particular purpose; and
3.4.3 is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities including the internet, and the Customer acknowledges that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
3.5 This MSA shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or ser...
