By Shipper Sample Clauses

By Shipper. Shipper shall have the right to assign its rights and obligations, or parts thereof, under this Transportation Service Agreement subject to: (a) compliance by the assignee with the credit requirements set out in the General Terms and Conditions; (b) prior written approval of the Lenders, which shall not be unreasonably withheld; and (c) prior written approval of Transporter, which shall not be unreasonably withheld.
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By Shipper. In the event that any of said above referenced materials are discovered on said property, each Party shall immediately notify the other Party of the discovery and existence of said materials. In the event of either Party’s breach of the representations contained in this section, the full responsibility for the handling, remediation, treatment, storage or disposal of any such hazardous substance, petroleum or petroleum product, asbestos material, PCBs or solid waste discovered on said property, including the handling of such materials in compliance with all environmental laws including federal, state and local laws, rules and regulations, shall remain with such Party and such Party shall indemnify, defend and hold harmless the other Party, its Affiliates, and its and their respective employees, officers, directors, members, managers, partners, agents and representatives from all Losses, fines, penalties or compliance orders issued by any Governmental Authority relating to pollution or protection of the environment including without limitation laws and regulations relating to emissions, discharges, releases or threatened releases of chemicals, pollutants, contaminants, waste petroleum, toxic substances and hazardous substances occurring on said property.
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By Shipper. Notwithstanding the provisions of Section 8.1, Shipper may assign all, but not less than all, of its rights and obligations under this Agreement to an Affiliate concurrently with assignment to the same Affiliate of all of its rights and obligations under each of the TSAs, provided however, Shipper shall not be released of its obligations under this Agreement, unless: (i) prior to such assignment such Affiliate enters into an agreement directly with the Transporter under this Agreement under which such Affiliate agrees to assume, perform and observe the Shipper’s obligations under this Agreement; (ii) such Affiliate is at least equal to the creditworthiness of the Shipper, in Transporter’s reasonable determination; and
Sample 1
By Shipper. Shipper shall not be entitled to assign or transfer Shipper’s rights and obligations with respect to all or any portion of the Minimum Volume Commitment without the prior written consent of Carrier, which consent shall not be unreasonably withheld, conditioned or delayed. Carrier shall, without limitation, be deemed reasonable in refusing its consent to an assignment if the assignee or transferee fails to satisfy Carrier’s credit requirements as set forth in the Joint Tariff and this Agreement, does not assume in writing Shipper’s obligations under this Agreement or if a Shipper Default has occurred and is continuing. Any purported assignment in violation of this Section 13(a) shall be null and void.
Sample 1
By Shipper. Shipper may not assign its rights and obligations, or any part thereof, under this Interruptible Transportation Service Agreement.
Sample 1
By Shipper. Notwithstanding the provisions of Section 8.1, Shipper may assign all, but not less than all, of its rights and obligations under this Agreement to an Affiliate concurrently with assignment to the same Affiliate of all of its rights and obligations under the TSA, provided however, Shipper shall not be released of its obligations under this Agreement, unless: (i) prior to such assignment such Affiliate enters into an agreement directly with the Transporter under this Agreement under which such Affiliate agrees to assume, perform and observe the Shipper’s obligations under this Agreement; (ii) such Affiliate is at least equal to the creditworthiness of the Shipper, in Transporter’s reasonable determination; and (iii) any Credit Support or Guarantee currently provided by or on behalf of the Shipper is also provided by or on behalf of such Affiliate.
Sample 1

Related to By Shipper

  • Drop Shipped Off loaded by carrier to an Agency loading dock or designated area. There will be no charge to the ordering Agency for this delivery method.

  • Operators Any and all Operators of the Equipment shall be duly experienced, trained and qualified to operate Equipment of this type. Although We may, from time to time, recommend certain qualified Operators with whom We are familiar, We do not supply Operators. You must supply and employ any Operator who operates the Equipment (even if the Operator is the owner of the Equipment or owner of a company that owns the Equipment) and that Operator shall be deemed to be Your employee and acting under Your supervision or control for all purposes and shall be covered as an insured on all of Your applicable insurance policies.

  • PACKING AND SHIPMENT (a) Unless otherwise specified, all Work is to be packed in accordance with good commercial practice. (b) A complete packing list shall be enclosed with all shipments. SELLER shall mark containers or packages with necessary lifting, loading, and shipping information, including the LOCKHEED XXXXXX Contract number, item number, dates of shipment, and the names and addresses of consignor and consignee. Bills of lading shall include this Contract number. (c) Unless otherwise specified, delivery shall be FOB Place of Shipment.

  • SHIPPING AND SHIPPING COSTS All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

  • PACKING AND SHIPPING a. Seller shall pack the goods and materials to prevent damage and deterioration. Unless otherwise set forth in this Contract, Seller shall package the goods in accordance with the requirements of Boeing Document D37522-6 “Supplier Packaging”. Buyer may charge Seller for damage to or deterioration of any goods resulting from improper packing or packaging. b. If the Contract specifies FOB destination (place of delivery), then in addition to any other shipping instructions, Seller shall forward goods freight prepaid. Seller shall make the transportation arrangements, pay the shipping costs, and remain responsible for the goods and materials until the goods and materials are delivered and the Buyer takes possession at the destination. c. If the Contract specifies FOB origin (place of shipment), then in addition to any other shipping instructions, Seller shall forward goods collect. For goods shipped within the United States, Seller shall make no declaration concerning the value of the goods shipped except on goods where the tariff rating is dependent upon released or declared value. In such event, Seller shall release or declare such value at the maximum value within the lowest rating. Seller will ship the goods in accordance with the provisions set forth in the Boeing Domestic Shipment Routing Guide to be accessed through Buyer’s supplier portal at xxxxx://xxxxxx.xxxxxxx.xxx/. Sellers need a One Time Password (OTP) token to log into the Boeing Supplier Portal. Upon Xxxxx’s request, Seller will identify packaging charges showing material and labor costs for container fabrication. d. Seller shall provide with each container shipped under this Contract an Advanced Shipping Notice (“ASN”). For each container shipped, Seller shall provide two (2) readable copies of the ASN barcode as follows: one (1) copy is to be securely affixed to the outside of each container and one (1) copy is to be loose inside each container. Non- conforming shipments are subject to rejection and repackaging at Seller’s expense. Instructions and guidelines related to the ASN process can be found on the Boeing Supplier Portal. Seller shall access by selecting the “Enterprise ASN Instructions” hyper-link under the header “Exostar Resources”. A copy of these instructions can also be found at xxx.xxxxxxx.xxx.

  • Operator The Optionee shall be the operator for purposes of developing and executing exploration programs.

  • Packaging and Shipping All shipping containers shall be packed and packaged to: (i) ensure safe arrival to final destination; (ii) secure the lowest transportation costs;(iii) comply with requirements of common carriers; (iv) meet Buyer's written instructions; and (v) meet the requirements of all applicable laws, ordinances, rules and regulations.

  • Load Shedding The systematic reduction of system demand by temporarily decreasing Load in response to a transmission system or area Capacity shortage, system instability, or voltage control considerations under the ISO OATT. Local Furnishing Bonds. Tax-exempt bonds issued by a Transmission Owner under an agreement between the Transmission Owner and the New York State Energy Research and Development Authority (“NYSERDA”), or its successor, or by a Transmission Owner itself, and pursuant to Section 142(f) of the Internal Revenue Code, 26 U.S.C. § 142(f). Locality. A single LBMP Load Zone or set of adjacent LBMP Load Zones within one Transmission District within which a minimum level of Installed Capacity must be maintained. Local Reliability Rule. A Reliability Rule established by a Transmission Owner, and adopted by the NYSRC to meet specific reliability concerns in limited areas of the NYCA, including without limitation, special conditions and requirements applicable to nuclear plants and special requirements applicable to the New York City metropolitan area. Locational Based Marginal Pricing (“LBMP”). A pricing methodology under which the price of Energy at each location in the NYS Transmission System is equivalent to the cost to supply the next increment of Load at that location (i.e., the short-run marginal cost). The short-run marginal cost takes generation Bid Prices and the physical aspects of the NYS Transmission System into account. The short-run marginal cost also considers the impact of Out-of-Merit Generation (as measured by its Bid Price) resulting from the Congestion and Marginal Losses occurring on the NYS Transmission System which are associated with supplying an increment of Load. The term LBMP also means the price of Energy bought or sold in the LBMP Markets at a specific location.

  • TRANSPORT SERVICES Upon the conclusion of such multilateral negotiations, the Parties shall conduct a review for the purpose of discussing appropriate amendments to this Agreement so as to incorporate the results of such multilateral negotiations.

  • Packing Materials and Containers for Shipment Packing materials and containers in which the good is packed for shipment shall be disregarded in determining whether-- (i) the non-originating materials used in the production of the good undergo an applicable change in tariff classification set out in subdivision (t) of this note; and (ii) the good satisfies a regional value-content requirement.

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