Buyer’s Rejection Rights Sample Clauses

Buyer’s Rejection Rights. If the RECs Delivered to Buyer do not meet the terms of this Agreement as of the date Delivery was made by the Seller, Buyer may reject Delivery of such RECs within two (2) Business Days of Delivery by Seller. If Buyer justifiably and timely rejects Delivery, then Seller must, within two (2) Business Days of such rejection, take the necessary steps to fulfill its performance obligations under this Agreement. If Seller timely replaces the RECs as stated above, then Seller shall have satisfied its obligations regarding timely Delivery.
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Buyer’s Rejection Rights. If any Shipment triggers one or more of the Rejection Limits (a "Non-Conforming Shipment"), Buyer shall have the option, exercisable by notice to Seller within one (1) Business Day of Buyer’s receipt of the Analysis Lab’s short proximate analysis or additional analysis, as applicable, of the Coal provided pursuant to Article 4.4, of either (a) rejecting such Non-Conforming Shipment at the Delivery Point or in route, but prior to unloading from Transporter’s equipment or (b) accepting any Non-Conforming Shipment with a Contract Price adjustment agreed to between Seller and Buyer using Commercially Reasonable Efforts. If Buyer fails timely to exercise its rejection rights under this Article 5.2 as to a Shipment, Buyer shall be deemed to have waived such rights to reject with respect to that Shipment only. Xxxxx’s failure to timely exercise such notice does not however, constitute a waiver of its right to any penalty adjustment provided for herein or in the relevant Confirmation with respect to such Non-
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Buyer’s Rejection Rights. If any Shipment of Commodity triggers any of the Rejection Limits specified in the Confirmation for a Transaction (a “Non-Conforming Shipment”), Buyer shall have the option, exercisable by notice to Seller within two (2) Business Days of Buyer’s receipt of the Sampling Person’s short proximate analysis of the Commodity provided pursuant to Section 4.4, of either (i) rejecting such Non-Conforming Shipment at the Delivery Point or in route, but prior to unloading from Transporter’s equipment or (ii) accepting any Non-Conforming Shipment with either a Contract Price adjustment agreed to between Seller and Buyer in a commercially reasonable manner. If Buyer fails timely to exercise its rejection rights under this Section 5.1 as to a Shipment, Buyer shall be deemed to have waived such rights to that Shipment only. If Buyer timely rejects the Non-Conforming Shipment, Seller shall be responsible for transporting the rejected Commodity to an alternative destination determined by Seller and shall reimburse Buyer for all reasonable costs and expenses associated with the transportation, storage, handling and removal of the Non-Conforming Shipment.
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Related to Buyer’s Rejection Rights

  • Inspection Rights Permit representatives and independent contractors of the Administrative Agent and each Lender to visit and inspect any of its properties, to examine its corporate, financial and operating records, and make copies thereof or abstracts therefrom, and to discuss its affairs, finances and accounts with its directors, officers, and independent public accountants (subject to such accountants’ customary policies and procedures), all at the reasonable expense of the Borrower and at such reasonable times during normal business hours and as often as may be reasonably desired, upon reasonable advance notice to the Borrower; provided that, excluding any such visits and inspections during the continuation of an Event of Default, only the Administrative Agent on behalf of the Lenders may exercise rights of the Administrative Agent and the Lenders under this Section 6.10 and the Administrative Agent shall not exercise such rights more often than two times during any calendar year and only one (1) such time shall be at the Borrower’s expense; provided, further, that when an Event of Default exists, the Administrative Agent or any Lender (or any of their respective representatives or independent contractors) may do any of the foregoing at the expense of the Borrower at any time during normal business hours and upon reasonable advance notice. The Administrative Agent and the Lenders shall give the Borrower the opportunity to participate in any discussions with the Borrower’s independent public accountants. Notwithstanding anything to the contrary in this Section 6.10, none of the Borrower nor any Restricted Subsidiary shall be required to disclose, permit the inspection, examination or making copies or abstracts of, or discussion of, any document, information or other matter that (i) constitutes non-financial trade secrets or non-financial proprietary information, (ii) in respect of which disclosure to the Administrative Agent or any Lender (or their respective representatives or contractors) is prohibited by Law or (iii) is subject to attorney-client or similar privilege or constitutes attorney work-product.

  • Buyer’s Deliveries At the Closing, Buyer shall deliver the following to Seller:

  • Seller’s Deliveries At the Closing, Seller shall deliver to Buyer the following:

  • Buyer’s Remedies If both (a) this Agreement is terminated ---------------- prior to Closing by Buyer pursuant to Section 8.1.2 or 8.1.3 as a result of a ---------------------- breach by Seller in any material respect of any of its representations and warranties made herein or its covenants or agreements made herein and (b) Buyer is not in breach in any material respect of any of its representations and warranties made herein or its covenants or agreements made herein, the Deposit and all accrued interest thereon shall be returned to Buyer, and Buyer shall have, in addition to its right to receive the Deposit and all accrued interest thereon, the right to seek monetary damages from Seller; provided, however, that -------- ------- such damages shall be limited to $1,000,000.00; and provided further, that in no ---------------- event shall Buyer be entitled to make any claim against Seller for, nor be entitled to damages from Seller for, any anticipated profits it lost as a result of Buyer's not acquiring the System; and provided further, that nothing in this ---------------- Section 8.2.2 shall be an admission by Seller that Buyer shall be entitled to ------------- damages for anticipated profits under any circumstances. If Seller defaults in the performance of its obligations under this Agreement, Buyer shall be entitled, in addition to any other remedies that may be available, to request Seller to specifically perform its obligations under this Agreement, if necessary, through injunction, court order or other process, and to recover from Seller any costs or expenses reasonably incurred by Buyer in connection therewith.

  • INSPECTION AND REJECTION 8.1 Purchaser shall have the right to inspect and test Products at any time prior to shipment, and within a reasonable time after delivery to the Purchaser’s Destination. Products not inspected within a reasonable time after delivery shall be deemed accepted by Purchaser. The payment for Products shall in no way impair the right of Purchaser to reject nonconforming Products, or to avail itself of any other remedies to which it may be entitled.

  • Seller’s Conditions The obligations of Seller at the Closing are subject, at the option of Seller, to the satisfaction or waiver at or prior to the Closing of the following conditions precedent:

  • Seller’s Closing Deliveries At the Closing, Seller shall deliver or cause to be delivered the following:

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