At Delivery. Immediately prior to the delivery of the Ship by the Builder to the Borrower, the Agent shall have received:
(a) evidence that immediately following delivery:
(i) the Ship will be registered in the name of the Borrower in the Maritime Registry;
(ii) title to the Ship will be held by the Borrower free of all Security Interests other than any maritime lien in respect of crew’s wages and trade debts arising out of equipment, consumable and other stores placed on board the Ship prior to or concurrently with delivery, none of which is overdue;
(iii) the Mortgage will be duly registered in the Maritime Registry and constitutes a first priority security interest over the Ship and that all taxes and fees payable to the Maritime Registry in respect of the Ship have been paid in full; and
(iv) the opinions mentioned in Clauses 3.9 (j), (k) and (l) and the documents mentioned in Clause 3.9 (m) will be received by the Agent;
(b) a Certified Copy of a classification certificate (or interim classification certificate) showing the Ship to be classed in accordance with Clause 12.4(c).
(c) duly executed originals of the General Assignment, any External Management Agreement Assignment, any Approved Manager’s Undertaking, the Post-Delivery Assignment and any Time Charter Assignment together with relevant notices of assignment and the acknowledgement of the notice of assignment to be issued pursuant to any External Management Agreement Assignment and the Post-Delivery Assignment and the Time Charter Assignment (if any);
(d) a duly executed original of the Limited Liability Company Interests Security Deed (and of each document required to be delivered under the Limited Liability Company Interests Security Deed);
(e) a Certified Copy of any executed External Management Agreement and any time charterparty in respect of the Ship;
(f) a Certified Copy of any current certificate of financial responsibility in respect of the Ship issued under OPA, a valid Safety Management Certificate (or interim Safety Management Certificate) issued to the Ship in respect of its management by the Approved Manager pursuant to the ISM Code, a valid Document of Compliance (or interim Document of Compliance) issued to the Approved Manager in respect of ships of the same type as the Ship pursuant to the ISM Code, a valid International Ship Security Certificate issued to the Ship in accordance with the ISPS Code and a valid IAPPC issued to the Ship in accordance with Annex VI and, if entered into, any ca...
At Delivery. City makes no representation or warranty of any kind (express or implied) regarding the suitability of, or compliance with applicable laws by, Facility, for any aspect of Licensee’s intended use. Accordingly, Licensee acknowledges and agrees that Licensee has made an adequate investigation and inspection of Facility and its own determination regarding the suitability thereof for Licensee's intended use. Licensee further acknowledges and agrees that the Facility shall be delivered by City to Licensee "as is," "where is" and "with any and all faults," and without any representation or warranty of any kind (express or implied), including, but not limited to, representations and warranties as to merchantability and fitness for the use thereof for any particular purpose, and shall be used by Licensee for the Event at Licensee's own risk.
At Delivery. (i) the Aircraft will be airworthy and clean in accordance with normal standards for executive aircraft; (ii) the Aircraft will include all parts and equipment required for normal operation by the Seller and such parts and equipment shall be functional per manufacturer's specifications; (iii) each Engine will be installed on the Aircraft and functional per manufacturer's specifications; (iv) the Aircraft and each Engine will be in the same condition as when last inspected by the Buyer prior to the date of this Agreement, ordinary wear and tear excepted; (v) all FAA Airworthiness Directives and Mandatory Service Bulletins relating to the Aircraft and requiring compliance before the Delivery Date will have been complied with, and the Aircraft will be current with all required inspections (if any); (vi) the Aircraft will comply with applicable FAA requirements for continued operation under Part 91 of the United States Federal Aviation Regulations; (vii) the Aircraft shall have no record of accidents or damage; (viii) all discrepancies that affect the airworthiness, or otherwise materially affect the value or utility of the Aircraft, shall have been corrected at Seller's expense or (only in the case of such discrepancies that do not affect the airworthiness of the Aircraft) the Seller shall have agreed in writing to remedy such discrepancies at its expense within one year after the Delivery Date; (ix) the Aircraft shall have no evidence of corrosion, other than small amounts of surface corrosion typically found on used aircraft; 4
At Delivery. The Rigs and tangible Assets are, and will at Closing be:
(i) in the Delivery Condition, subject to ordinary wear and tear, and have been maintained in accordance with standard industry practice;
(ii) capable of being used in the Business as presently being conducted without present need for repair or replacement except in the ordinary course of business; and
(iii) in conformance in all respects with all applicable legal requirements.
At Delivery. Customer shall inspect the Equipment before taking the Equipment into use. Customer shall notify Contractor of defects identified without undue delay.
At Delivery the Buyer is responsible for insuring that the Customer provides minimum site standards as defined below, and for prompt payment as specified in Section 3.2.c. Any delays in unloading resulting from failure to maintain the minimum site standards, or from failure to pay as agreed, will result in a delay charge of $100.00 per hour per truck, after allowing for three hours per truck for off-loading. Any other costs, including those specified in Section 8.1, related to delivery to a site which does not conform to the minimum site standards are the responsibility of the Buyer. The minimum site standards are as follows:
a. An unobstructed gravel-based road must be provided to the foundation and storage areas. This road must have clearance, turn radius, traction, and incline characteristics that allow for the maneuvering, unloading, and the return to regular roads, of a large tractor and trailer (up to 60 feet in overall length requiring a roadway 20 feet wide, free from overhead obstructions to a height of 15 feet).
b. This access and storage area must be of sufficient quality for delivery in wet and winter weather conditions.
c. Adequate unloading, crane truck staging, and storage areas such that a crane truck can unload the delivery trucks directly to the storage areas without moving the crane truck. The storage area for the installed items must be located such that the crane truck can pick up the stored items and transfer them to the sub-floor without moving the crane truck. For installation, the crane staging area (more than one staging area may be necessary for larger homes) must be within 10 feet of the foundation, on a level, gravel base, with a space measuring 35 feet by 16 feet. These areas must be accessible in normal wet and winter weather conditions.
d. Electrical power (110 volts, minimum 20 amps) must be available within 100 feet of all parts of the sub-floor.
e. The sub-floor is correct and installed prior to installation of the package.
At Delivery. BMC makes no representation or warranty of any kind (express or implied) regarding the suitability of Facility for any aspect of the intended use. City further acknowledges and agrees that the Facility shall be delivered by BMC to City "as is," "where is" and "with any and all faults," and without any representation or warranty of any kind (express or implied), including, but not limited to, representations and warranties as to merchantability and fitness for the use thereof for any particular purpose, and shall be used by the Public at the Public’s own risk.
At Delivery. Immediately prior to the delivery of the Ship by the Builder to the Borrower, the Agent shall have received:
(a) evidence that immediately following delivery:
(i) the Ship will be registered in the name of the Borrower in the Maritime Registry;
(ii) title to the Ship will be held by the Borrower free of all Security other than any maritime lien in respect of crew's wages and trade debts arising out of equipment, consumable and other stores placed on board the Ship prior to or concurrently with delivery, none of which is overdue;
(iii) the Mortgage will be duly registered in the Maritime Registry and constitutes a first priority security interest over the Ship and that all taxes and fees payable to the Maritime Registry in respect of the Ship have been paid in full; and
(iv) the opinions mentioned in paragraphs (b) to (d) of Clause 4.15 (Immediately following Delivery on the Delivery Date), in draft form immediately prior to the delivery of the Ship, and the documents mentioned in paragraph (e) of Clause 4.15 (Immediately following Delivery on the Delivery Date) will be issued to and received by the Agent;
At Delivery. Purchaser is acquiring the Condominium Unit in “AS-IS” condition. At settlement, Seller shall deliver the Condominium Unit and the appurtenances thereto substantially in accordance with the Plats and Plans, as the same may be modified and amended from time to time, with all fixtures, appliances and equipment to be provided by Seller installed, along with all options depicted on the Schedule of Purchaser’s Extras/Options/Upgrades attached as Exhibit A hereto. Purchaser acknowledges that measurements shown on the Plats and Plans are approximate and actual dimensions may not be exactly as shown. Seller shall not be required to install or provide any fixtures or appliances not actually installed in the Condominium Unit at the time of inspection pursuant to Section 7 or otherwise agreed in writing to be installed by Seller. Seller shall have the right to make minor changes in the dimensions of any portion of the Condominium and to substitute substantially equivalent materials for any of the same set forth in any sales or other documents and to make such modifications or substitutions as may be required by any governmental authorities asserting jurisdiction over the Condominium, or any construction or permanent lender or as may be reasonably necessary. Any dispute involving delivery of the Unit shall be submitted within a reasonable time to arbitration administered by the American Arbitration Association under its Arbitration Rules for the Real Estate Industry, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
At Delivery. Rice makes no representation or warranty of any kind (express or implied) regarding the suitability of, or compliance with applicable laws by, the Facilities, as built or maintained, for any aspect of the Licensee’s intended use. Accordingly, Licensee acknowledges and agrees that Licensee has made an adequate investigation and inspection of the Facilities and its own determination regarding the suitability thereof for Licensee’s intended use. Licensee further acknowledges and agrees that Facilities shall be delivered by Rice to Licensee “as
