CONFLICT WITH PART 1 Sample Clauses

CONFLICT WITH PART 1. The provisions of Part 1 of this Agreement shall prevail over the provisions of this Part 2 to the extent that there is any inconsistency. APPENDIX A IRREVOCABLE DOCUMENTARY LETTER OF CREDIT The irrevocable documentary letter of credit referred to in Clause 6(a)(i) shall meet the following conditions in addition to those specified in the said Clause: a) Validity The letter of credit shall be valid from the date on which it is opened until at least 60 days after the last of the Laydays. It shall make no reference to the name of a vessel or the Cargo Reference Number(s) and is to be valid for loading commencing before, during or after the Laydays. b) Sum The letter of credit shall be opened for a sum equal to the value of 110 percent of the Nominal Volume of the Cargo at the price specified in Part 1 of the Agreement and shall be valid for any lesser sum equal to the value of the oil delivered at such price. c) Payment The letter of credit shall provide for payment to be in US dollars by telegraphic transfer in immediately available funds without discounting, withholding, setoff or counterclaim 30 days after bill of lading date on presentation of the documents as described hereunder. Provision shall be made such that if payment falls due on a Saturday or a Bank Holiday other than a Monday in the place where payment is to be made, then payment is to be made on the preceding Banking Day, while if payment falls due on a Sunday or Monday Bank holiday in the place where payment is to be made, then payment is to be made on the next succeeding Banking day. Payment on the due date shall be prior to the closing time of Seller's bank. d) Documents The letter of credit shall provide for payment to be made on presentation of: (i) Seller's commercial invoice; a telex invoice shall be acceptable. (ii) Full set original bills of lading. (iii) Original certificate of quality and quantity. (iv) Original certificate of origin and authenticity at the counters of a London bank acceptable to Seller. The letter of credit shall provide that if the original documents (ii), (iii) and (iv) of this paragraph (d) are not available at the time presentation is made, then payment shall be made on presentation of: (i) Seller's commercial invoice (ii) Seller's letter of indemnity in the form given in Appendix C to this Agreement.
Sample 1
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Related to CONFLICT WITH PART 1

  • Conflict with TIA If any provision hereof limits, qualifies or conflicts with a provision of the TIA that is required under the TIA to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA that may be so modified or excluded, the latter provision shall be deemed (i) to apply to this Indenture as so modified or (ii) to be excluded, as the case may be.

  • Conflict With Other Agreement If there is a conflict between this Agreement and any other agreement relating to a Collateral Account, this Agreement will govern.

  • Conflict with Other Agreements In the event of any conflict between this Agreement (or any portion thereof) and any other agreement now existing or hereafter entered into, the terms of this Agreement shall prevail. No amendment or modification of this Agreement or waiver of any right hereunder shall be binding on any party hereto unless it is in writing and is signed by all of the parties hereto.

  • Conflict with Regulations In the event that there is a conflict between the contents of this Agreement and any regulation made by the Employer, or on behalf of the Employer, this Agreement shall take precedence over the said regulation.

  • Conflict with Law If any provision of this Agreement, or any application of the provisions of this Agreement, or any agreement reached under its terms, conflicts with Ohio or federal law, regulation, ruling or order, now or hereafter enacted or issued, such provisions, application or agreement shall be inoperative but the remaining provisions herein shall remain in effect.

  • Conflict Waiver The Pledgor hereby acknowledges that the Escrow Agent is general counsel to the Pledgee, a partner in the general partner of the Pledgee, and counsel to the Pledgee in connection with the transactions contemplated and referred herein. The Pledgor agrees that in the event of any dispute arising in connection with this Agreement or otherwise in connection with any transaction or agreement contemplated and referred herein, the Escrow Agent shall be permitted to continue to represent the Pledgee and the Pledgor will not seek to disqualify such counsel and waives any objection Pledgor might have with respect to the Escrow Agent acting as the Escrow Agent pursuant to this Agreement.

  • Conflict with LOC Documents In the event of any conflict between this Credit Agreement and any LOC Document (including any letter of credit application), this Credit Agreement shall control.

  • No Conflict with OFAC Laws Neither the Company nor any of its subsidiaries nor, to the knowledge of the Company, any director, officer, agent, employee or affiliate of the Company or any of its subsidiaries is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds, to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

  • Conflict of Provisions Where there is any conflict between the provisions of this Agreement and any regulation, direction or other instrument dealing with terms and conditions of employment issued by the Employer, the provisions of this Agreement shall prevail.

  • Conflict with Other Instruments The execution and delivery by the Company of the Agreement and the performance by the Company of its obligations thereunder, do not and will not: (i) conflict with or result in a breach of any of the terms, conditions or provisions of: (A) the charter documents of the Company; (B) any law applicable to or binding on the Company; or (C) any contractual restriction binding on or affecting the Company or its properties the breach of which would have a material adverse effect on the Company; or (ii) result in, or require or permit: (A) the imposition of any lien on or with respect to the properties now owned or hereafter acquired by the Company; or (B) The acceleration of the maturity of any debt of the Company, under any contractual provision binding on or affecting the Company;

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