Delivery; Acceptance. (a) The Producer shall as soon as possible after completion of production of the Programme(s) and in any event before the Delivery Date deliver to the Programme Manager or other Channel 4 representative as indicated in the Delivery Requirements schedule at the address notified to the Producer the material listed in the Delivery Requirements in accordance with the provisions of this Agreement.
(b) Following Technical Acceptance of the Programme(s) delivery of the Programme(s) shall have been completed when the Producer shall have delivered all the items set out in the Delivery Requirements schedule in accordance with the Technical Requirements, the Editorial Specification and the provisions of this Agreement (other than any such items which Channel 4 shall have confirmed in writing that it does not require). If Channel 4 does not respond within 21 days of receipt of a written notice from the Producer notifying Channel 4 that it has made full Delivery, full Delivery shall be deemed to have taken place.
(c) If either Channel 4 has not notified the Producer within 3 months of delivery of the items listed in parts (a) and (b) of the Delivery Requirements or if Channel 4 has transmitted the Programme(s) and not notified the Producer of rejection of the items listed in parts (a) and (b) of the Delivery Requirements then the Programme(s) will be deemed to have been technically accepted. For the avoidance of doubt, for the purposes of Clause 3 of the Programme Specific Terms, if delivery of the items listed in parts (a) and (b) of the Delivery Requirements and acceptance of the same occurs prior to the Delivery Date then the Term will be deemed to commence from the Delivery Date.
(d) Channel 4 may, notwithstanding the acceptance of the Programme(s), in its absolute discretion decide not to communicate the Programme(s) to the public in whole or in part on the Channel 4 Service or the More4 Service or otherwise exploit any of its other rights granted hereunder and shall not be liable to the Producer in respect of any loss or damage occasioned by a change in the transmission schedule or by not transmitting the Programme(s). In the event that Channel 4 decides not to transmit the Programme(s) or has not done so within one year from Delivery then Channel 4 and the Producer shall discuss in good faith the possibility of Channel 4 releasing the Programme and/or Channel 4’s holdbacks in relation to the Programme\(s) on terms to be agreed in good faith.
Delivery; Acceptance. 3.1 Promptly upon execution of this Agreement, Licensor shall deliver the Software and the Documentation to Licensee by electronic means. Licensor shall fulfill all orders by delivering Software and Documentation via electronic download, subject to the receipt of all required documentation. Licensee’s order shall be considered delivered on the date that Licensor emails instructions for downloading the Software and Documentation to Licensee. Thereafter, Licensee shall be responsible for and bear all expenses (including taxes) related to making the permitted number of copies and distributing such copies as permitted in this Agreement.
3.2 If mutually agreed in a Schedule hereunder, upon delivery of the Software , Licensee shall conduct acceptance testing procedures on the Software for a mutually agreed time period and based on the acceptance criteria set forth in the Schedule. If the Software passes all such tests in conformance with the stated acceptance criteria, Licensee shall give Licensor written notice of Licensee’s acceptance of the Software, unless mutually agreed otherwise in the Schedule.
3.3 In accordance with the terms of the Schedule, if the Software fails to pass any of such Licensee’s testing procedures or fails to function properly or in conformity with the Documentation, Licensee shall notify Licensor and Licensor shall correct such defect within five (5) days of receipt of such notice and cause the Software to successfully pass all such tests and functions to Licensee’s acceptance criteria as set forth in Section 3.2 above. If the Software does not conform to Licensee’s satisfaction, Licensee may, upon mutual agreement, (i) immediately terminate this Agreement without any further obligation or liability of any kind and Licensor shall immediately reimburse Licensee for all amounts paid by Licensee under this Agreement for such Software; or (ii) upon mutual agreement, require Licensor to continue to attempt to correct the deficiencies until the Software successfully passes all tests and functions to Licensee’s satisfaction, reserving the right to terminate this Agreement at any time in accordance with clause (i) above.
Delivery; Acceptance. Upon delivery, Xxxxxx agrees to inspect and accept the Equipment. Lessee will have forty-eight (48) hours from the date of delivery to notify Lessor, in writing, of any defects or deficiencies in the Equipment, such notice to specify each defect or deficiency in the Equipment. Unless Lessor receives timely written notice from Lessee as set forth herein, Lessee is deemed to accept the Equipment and acknowledges that the Equipment is in good order and operating condition as of the date of delivery. The receipt and acceptance of the Equipment by Lessee obligates Lessee to pay the Rental and all other sums due under this Agreement.
Delivery; Acceptance. The Company shall deliver to the Agent no later than 30 days after receipt of the deposit called for in this Agreement at section 4.3, the units of the Product on a FOB. Any taxes, duties and levies will be borne solely by the Agent. If the Agent does not provide written rejection of any unit of the Product within sixty (60) days of the actual date of delivery by the Company to the Agent, the units shall be deemed accepted upon the expiry of the foregoing period. It is hereby agreed that title and risk of loss to the Products under this Agreement shall pass to Agent from the Company FOB upon delivery thereof to the carrier.
Delivery; Acceptance. Lessee shall cause the Equipment to be delivered to Lessee at the Equipment Location (as specified in the applicable Schedule) and Lessee shall accept the Equipment as soon as it is delivered or, if acceptance criteria is specified in the applicable Purchase Documents, as soon as it has met such criteria. Lessee shall evidence its acceptance of the Equipment and commencement of the lease with respect thereto by executing and delivering to Lessor a commencement certificate (Commencement Certificate) in a form acceptable to a Lessor. By executing and delivering a Commencement Certificate to Lessor, (a) Lessee represents and warrants that it has selected the Equipment and Seller specified on the applicable Schedule and (b) Lessee shall irrevocably accept such Equipment under lease.
Delivery; Acceptance. Buyer agreed to accept the Goods in Seller’s office. Buyer will give Seller 20 days’ advance notice regarding the quantity requested by Buyer. Upon receipt of the request for acceptance Goods, Seller will arrange the Goods and prepare them for acceptance by Buyer in Seller’s office.
Delivery; Acceptance. Lessee will either (a) execute and deliver the Certificate of Acceptance or(b) give Lessor notice specit'jingaayptuperobiectionto any Item within 14 days of completion of Equipment delivery. If the certificate of Acceptance is not furnished within this period, Lessor may terminate the lease as contemplated inparagraph3. Upon direction by Lessor, Lessee will pay directly to the appropriate party any invoice applicable to an Item which maybe furnished Lessor subsequent to the acceptance of the Equipment.
Delivery; Acceptance. Buyer shall be solely responsible for ensuring the cleanliness and proper functioning of any transport vessel it or its agents use to accept Delivery of the Product, including but not limited to the tank and any loading equipment. POET may refuse to load any transport vessel for corn oil Product that has not been cleaned or that did not previously contain corn oil. In the event a transport vessel provided by Xxxxx is not reasonably acceptable to POET, Xxxxx will be notified and granted 24 hours to remedy the deficient transport vessel to the reasonable satisfaction of POET or to accept liability for the quality and grade of the shipment. Buyer will have five (5) days after Delivery to determine whether the Product conforms to the requirements of these Terms. Xxxxx waives all claims against POET unless such claims are delivered in writing to POET within such 5-day period.
Delivery; Acceptance. The, Supplier shall deliver the System, ready for operational use, and in accordance with the timetable specified in paragraph 3.2 of Annex I of this Agreement.
Delivery; Acceptance. All shipping, completion and delivery dates are firm. Shipment of goods will be FOB jobsite unless otherwise specified. The Supplier must suitably pack or otherwise prepare for shipment all goods to prevent damage in transit. The Supplier will ensure that all packaging and labeling complies with the laws of the destination jurisdiction. The Supplier must comply with all carrier requirements. Goods must be classified to secure the lowest possible shipment, insurance and duty rates. Xxxxxxx may test or inspect all goods or services delivered, but Xxxxxxx’x inspection, testing or payment (or lack of inspection, testing or payment) is not an acceptance of goods or services or a waiver of any right or warranty and does not preclude Xxxxxxx from rejecting defective goods or services.
