Common use of Delivery; Acceptance Clause in Contracts

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. (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 the E4 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\(sProgramme(s) on terms to be agreed in good faith.

Delivery; Acceptance. (a) 5.1. The Producer Supplier shall as soon as possible after completion of production inspect the Products, prior to each delivery thereof, at the Supplier’s facilities to determine whether the Products meet each of the Programme(scriteria (the “Supplier Inspection Criteria”) set forth on the “run-sheet” for the Products (the “Run-Sheet”) and, if the Products satisfy all of the Supplier Inspection Criteria, the Supplier shall place a “stamp of approval” on the package in which such Products are to be delivered to Purchaser. 5.2. Subject to Section 5.1, unless otherwise designated by the Purchaser in writing, delivery shall be ex warehouse Supplier’s facility located in the C2 Building, and in any event the Supplier shall deliver the Products to the Purchaser on or before the Delivery Date deliver delivery date as provided in the relevant Purchase Order or according to such changes made thereto pursuant to Section 3.2. Once the Products are delivered to the Programme Manager or other Channel 4 representative as indicated Purchaser at Supplier’s facility located in the Delivery Requirements schedule at C2 Building or any other place designated by Purchaser in writing, delivery shall be deemed completed and the address notified title to, and the risk of loss of, the Products shall pass to the Producer Purchaser. The Purchaser may request that the material listed Products be delivered to a location designated by the Purchaser. If the Supplier agrees to deliver the Products to such location designated by the Purchaser, then the Purchaser shall bear all costs and expenses incurred in connection with handling, adequate insurance and transportation of the Products, then the Supplier shall deliver the Products from the Supplier’s facility located in the Delivery Requirements C2 Building to the location designated by the Purchaser. In the event the Supplier fails to deliver the Products on or before the delivery date as provided in the relevant Purchase Order, or to the location designated by the Purchaser pursuant to this Section 5.2, the Supplier shall pay a delay charge of eight percent (8%) per annum of the total Unit Price of the non-delivered Products per day. 5.3. Any default or delay by the Supplier in delivering the Products in part under a Purchase Order shall not affect the delivery of the remaining Products under such Purchase Order or any other Purchase Orders, so that the Supplier shall continue to deliver the Products in accordance with the provisions unaffected part of this Agreementsuch Purchase Orders. (b) Following Technical Acceptance 5.4. The Supplier shall deliver the Products with a packing list, the stamp of approval placed on each package of the Programme(s) delivery of Products delivered to 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 RequirementsPurchaser, the Editorial Specification Run Sheet and such other documents as separately agreed in writing by the Supplier 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 placePurchaser. (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. (a) The Producer Lessee shall as soon as possible after completion cause the Equipment to be delivered, at Xxxxxx’s expense, to Lessee at Lessee’s place of production business. Lessee shall, at its own expense, make all necessary inspections and test s of the Programme(s) and Equipment to determine if the Equipment is 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 compliance with the provisions of this Agreement. (b) Following Technical Acceptance any applicable purchase agreement or order, and, if in compliance, Lessee shall accept each such item of equipment on behalf of the Programme(s) delivery Lessor, as delivered by the supplier. Lessee shall execute an Acceptance Certificate with regard to each item of Equipment. Lessee hereby authorizes Lessor to add to this Lease the serial number of, and/or any descriptive matter necessary or helpful in identifying, each item of the Programme(sEquipment so delivered. Any delay in such delivery shall not affect the validity of this Lease, except as provided in Section 10 hereof. Regardless of whether Xxxxxx has executed an Acceptance Certificate, if within forty-eight (48) hours after Lessee has received an item of Equipment, Lessee has not given Lessor written notice of a defect therein or of other proper objection thereto, Xxxxxx agrees that it shall have been completed when be conclusively presumed as between Xxxxxx and Lessee, that Xxxxxx has fully inspected the Producer shall have delivered all Equipment, that the items set out Equipment is in the Delivery Requirements schedule in accordance full complian ce with the Technical Requirementsterms of this Lease and is deemed to be in good condition and repair, and that the Lessee has accepted it as satisfactory in all respects for the purpose of this Lease. Xxxxxx hereby agrees to indemnify, defend, and save harmless Lessor from all claims, damages, actions, expenses (including attorney fees) and liabilities of any kind arising out of or connected with the failure or refusal of Lessee to accept, or the delay of Lessee in accepting, 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 placeEquipment. (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.