Common use of Condition of Materials Clause in Contracts

Condition of Materials. ‌ The materials, Equipment (including any rented Equipment), fixtures, software, any related items of personal property and other tangible personal property of Seller, any Subcontractor or the Contractor constituting the Project shall be OEM Certified, and shall be suitable for their current use in the generation of energy and the transportation of natural gas in accordance with the Specifications. All Equipment shall be procured solely for use in connection with the Project. Seller shall not allow any Equipment to be placed into storage for more than one year prior to shipping to the Site, nor utilize any Equipment in the Project that has been so stored.

Appears in 4 contracts

Samples: Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement

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Condition of Materials. The materials, Equipment (including any rented Equipment), fixtures, software, any related items of personal property and other tangible personal property of Seller, any Subcontractor or the Contractor constituting the Project shall be OEM Certified, and shall be suitable for their current use in the generation of energy and the transportation of natural gas in accordance with the Specifications. All Equipment shall be procured solely for use in connection with the Project. Seller shall not allow any Equipment to be placed into storage for more than one year prior to shipping to the Site, nor utilize any Equipment in the Project that has been so stored.

Appears in 2 contracts

Samples: Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement

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Condition of Materials. The materials, Equipment (including any rented Equipment), fixtures, software, any related items of personal property and other tangible personal property of SellerContractor, any Subcontractor or the Contractor constituting the Project shall be OEM Certified, and shall be suitable for their current use in the generation of energy and the transportation of natural gas in accordance with the Specifications. All Equipment shall be procured solely for use in connection with the Project. Seller Contractor shall not allow any Equipment to be placed into storage for more than one year prior to shipping to the Site, nor utilize any Equipment in the Project that has been so stored.

Appears in 1 contract

Samples: Construction Coordination Agreement

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