Actual Date of Delivery Sample Clauses

Actual Date of Delivery. The Acceptance Test shall be deemed to have been successfully performed when it has been demonstrated that all relevant requirements of this Contract are met or when the Purchaser has carried commercial traffic for a period of more than 90 days. The Actual date of Delivery is when all defects, deficiencies, or deviations from the requirements discovered in connection with the Acceptance test, or prior thereto, have been cured to the satisfaction of The Purchaser, and a successful Acceptance Test has shown that Contractor's Scope of Supply with respect to WLL System meets all the requirements of this Contract. It is recognised by the parties that even after the Acceptance Test, some minor defects and deficiencies that are non-essential for the proper operation or maintenance of the WLL System might exist. The parties shall by agreement enter these defects or deficiencies into a list of defects which shall also include a time schedule for the taking by Contractor of the necessary corrective measures. The -------------------------------------------------------------------------------- (C) Suntel Private LTD Confidential 1999 stipulations of this Contract as regards warranty obligations contained in Clause 10 below shall apply to Contractor's duty to take such corrective measures. If the Purchaser fails to make any or all sites available for Installation of the equipment one hundred and twenty days (120) after the contract signature, the Purchaser shall by default accept the equipment, for that part of the network that cannot be installed, and make all relevant payments applicable to Site and System Acceptance. At this time, title and risk for the equipment that cannot be installed shall pass from the Contractor to the Purchaser. If the System Acceptance Test (required before Actual Date of Delivery can be achieved) is delayed because of the Purchaser's failure to make sites "ready for installation", the System Acceptance Test shall be conducted only on those sites that have passed Site Acceptance. The Time Schedule and Milestones for the implementation and preparation of the Sites by the Purchaser shall be defined in Annex 18. -------------------------------------------------------------------------------- (C) Suntel Private LTD Confidential 1999 Clause 10 Warranties and Certain Consequences in the Event of --------------------------------------------------------------- Breaches of Warranties ----------------------
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Related to Actual Date of Delivery

  • Date of Delivery Any notice so addressed shall be deemed to be given or received (i) if delivered by hand, on the date of such delivery, (ii) if mailed by courier or by overnight mail, on the first business day following the date of such mailing, and (iii) if mailed by registered or certified mail, on the third business day after the date of such mailing.

  • DATE OF DELIVERY OF PUT NOTICE A Put Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by Investor if such notice is received on or prior to 12:00 noon New York time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon New York time on a Trading Day or at anytime on a day which is not a Trading Day.

  • Time of Delivery 9:00 a.m. (New York City time) on April 5, 2012, or at such other time and date as the Representatives and the Company may agree upon in writing.

  • Date of Delivery of Advance Notice An Advance Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day.

  • Delivery Date On the Delivery Date, the Participant shall receive a number of shares of Stock in settlement of his or her Performance-Based Restricted Stock Unit Award. The number of shares of Stock that a Participant shall receive on the Delivery Date shall be determined by multiplying (i) the number of Covered Units (which have not previously been forfeited or cancelled) by (ii) the Performance Percentage determined pursuant to Section 3 above (with such percentage converted to a number by dividing such percentage by 100); provided, however, that if the Participant’s Date of Termination occurred prior to the Delivery Date and prior to a Change in Control due to (x) death, (y) Disability or (z) a Qualifying Termination or if the Participant’s Date of Termination occurred prior to the Delivery Date due to Retirement, then the product of clauses (i) and (ii) shall additionally be multiplied by the Pro-Rata Fraction. Shares of Stock received by a Participant pursuant to this Section 6 shall be free of restrictions otherwise imposed by this Agreement and the Plan; provided, however that the shares of Stock shall remain subject to the terms of this Agreement expressly applicable after such Delivery Date (including, without limitation, Section 13). As of the Delivery Date and settlement of the Performance-Based Restricted Stock Unit Award pursuant to this Section 6, all Covered Units (which have not previously been forfeited or cancelled) shall be cancelled.

  • Terms of Delivery 5.1 Unless otherwise agreed, all Products for which RCAI accepts purchase order are FOB RCAI's facility. Transportation and delivery fees are to be paid by customer.

  • Maximum Share Delivery (i) Notwithstanding any other provision of this Confirmation, the Agreement or the Equity Definitions, in no event will Company at any time be required to deliver a number of Shares greater than two times the Number of Shares (the “Maximum Number of Shares”) to Dealer in connection with the Transaction.

  • Manner of Delivery All notices communications and other materials to be given or delivered under the Loan Papers shall, except in those cases where giving notice by telephone is expressly permitted, be given or delivered in writing. All written notices, communications and materials shall be sent by registered or certified mail, postage prepaid, return receipt requested, by telecopier, or delivered by hand. In the event of a discrepancy between any telephonic notice and any written confirmation thereof, such written confirmation shall be deemed the effective notice except to the extent Administrative Agent, any Lender or the Borrower has acted in reliance on such telephonic notice.

  • Expenses of Delivery of Warrants The Company shall pay all expenses (other than transfer taxes) and other charges payable in connection with the preparation, issuance and delivery of Warrants and Warrant Shares hereunder.

  • Delivery Dates If the due date of any notice, certificate or report required to be delivered by the Manager hereunder falls on a day that is not a Business Day, the due date for such notice, certificate or report shall be automatically extended to the next succeeding day that is a Business Day.

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