Delivery and Acceptance. All Software provided hereunder will be delivered electronically. We provide trial licenses of the Software for testing and pre-acceptance before purchase and therefore, delivery is deemed complete and accepted when such Software is made available to you. You are responsible for downloading, installing, registering, or otherwise using the Software.
Delivery and Acceptance. 8.1 The Goods shall be delivered to and the Services shall be performed at the Company's place of business or if some other place of delivery is agreed by the Company in writing by delivery of the Goods or provision of the Services at that place during the Company's normal office hours. The Supplier shall off-load the Goods at its own risk as directed by the Company.
8.2 The Goods shall be delivered and/or the Services shall be performed on the date or within the period specified in the Order or if no such period is specified then within 28 days of the Order, unless the Company notifies the Supplier of a change in the required delivery date (giving the Supplier as much notice of the revised delivery date as practicable) in which case the Supplier shall deliver the Goods and/or perform the Services on or by the revised delivery date. Time for delivery of the Goods or performance of the Services shall be of the essence of the Agreement.
8.3 The Supplier shall ensure that each delivery of Goods is accompanied by a delivery note which is prominently displayed and which shows, inter alia, the order number, date of order, number of packages and contents and, in the case of part delivery, the outstanding balance remaining to be delivered. For the avoidance of doubt, the Supplier shall only be permitted to deliver in part where the Company has confirmed in writing or on the Order Form that it is willing to accept delivery in part.
8.4 If the Goods are not delivered or the Services are not performed on the due date then, without prejudice to any other rights which it may have, the Company reserves the right to:
8.4.1 terminate the Agreement in whole or in part without being liable to compensate the Supplier for any losses arising as a result of such cancellation or to make any payment to the Supplier other than in respect of Goods actually delivered or Services actually rendered to the Company prior to the date of such termination;
8.4.2 refuse to accept any subsequent delivery of the Goods or provision of the Services which the Supplier attempts to make;
8.4.3 recover from the Supplier any expenditure reasonably incurred by the Company in obtaining the Goods or Services in substitution from another supplier; and
8.4.4 claim damages for any reasonable additional costs, loss or expenses incurred by the Company which are in any way attributable to the Supplier's failure to deliver the Goods or provide the Services on the due date.
8.5 Any signature on behalf of the C...
Delivery and Acceptance. If the Financing Company requires the Customer to sign a delivery and acceptance certificate or other similar document confirming that the Financed Products have been delivered, installed and are operating (“D & A Certificate”), the Customer shall sign such D & A Certificate within three (3) days of Completion of Installation of each phase.
Delivery and Acceptance. Supplier shall at Supplier's own risk and expense in all respects deliver the Goods or Deliverables as specified in the Order or as directed by Amgen. Deliveries of Goods shall include a delivery note with the purchase order number, date of the Order, number of units and description of contents and shall be properly packed and secured so as to reach their destination in an undamaged condition. If no delivery date is specified in the Order, delivery shall take place within twenty-eight (28) days from the date of the Order. Delivery shall take place during normal business hours unless otherwise agreed by Amgen in writing. Amgen shall not be under any obligation to accept delivery of the Goods unless a packing or delivery note accompanies each delivery. Goods delivered by instalments shall not be treated as single and severable agreements and failure by Supplier to deliver one instalment shall entitle Amgen at its option to treat the Agreement as repudiated. In the event of loss or damage to the Goods prior to or during delivery to Amgen, Supplier shall give written notice of such loss or damage to Amgen and Supplier shall, at Supplier's own expense, promptly replace or repair such lost or damaged Goods but in any event no later than within thirty (30) days from the written notice. Time shall be of the essence.
Delivery and Acceptance. A. Contractor shall provide and maintain a quality assurance system acceptable to the State for any Work or Deliverables under this Contract and shall provide to the State only such Work or Deliverables that have been inspected and found to conform to the specifications identified in this Contract and any applicable solicitation, bid, offer, or proposal from which this Contract results.
B. Contractor’s delivery of any Work or Deliverables to the State shall constitute certification that such Work or Deliverable has been determined to conform to the applicable specifications, and Contractor shall make records of such quality assurance available to the State upon request during the term of the Contract or at any time within three years following expiration or termination of the Contract.
C. For any Work or Deliverables other than the purchase or license of commercially available goods or software, acceptance of the Work or Deliverable shall require affirmative written communication from the State to the Contractor that such Work or Deliverable has been accepted by the State. Such communication shall be provided within a reasonable time period from the delivery of the Work or Deliverable and shall not be unreasonably delayed or withheld. Acceptance by the State shall be final, except in cases of Contractor’s failure to conduct proper quality assurance, latent defects that could not reasonably have been detected upon delivery, or Contractor’s gross negligence or willful misconduct.
Delivery and Acceptance. Payment Milestones or Deliverables to be completed or provided under the applicable Statement of Work, but not payments described in Section 3.3.1 for time and materials, will be subject to confirmation and acceptance of the applicable Payment Milestone or Deliverable by CLIENT. Upon completion or delivery of any Payment Milestone or Deliverable in accordance with the schedule set forth in the applicable Statement of Work, LONZA shall notify CLIENT in writing; and within seven (7) days of such notice, CLIENT shall notify LONZA whether CLIENT accepts or rejects such Payment Milestone or Deliverable, based upon whether such Payment Milestone or Deliverable conforms with any of the Specifications or other requirements therefor as set forth in the applicable Statement of Work and the requirements of this Agreement; provided, however, in the event that CLIENT does not submit a notice of rejection within such seven (7) day period, such Payment Milestone or Deliverable shall be deemed accepted. Upon receipt of a notice of rejection, LONZA will correct and redeliver, as soon as practicable (and in any event, unless not practicable under the circumstances using LONZA’s Best Efforts, within [***] after such rejection notice, provided that such correction does not involve additional testing or manufacturing, in which case LONZA will promptly correct and redeliver), such Payment Milestone or Deliverable so that it conforms with such Specifications and other requirements therefor. The cost of such correction and redelivery shall be borne in accordance with Section 6.6. If CLIENT notifies LONZA that CLIENT accepts such Payment Milestone or Deliverable, then CLIENT shall make the applicable payment to LONZA within thirty (30) calendar days of the date of the invoice. For the avoidance of doubt, this Section 3.3.2 shall not apply to payments under Section 3.3.1 on a time and materials basis in connection with the performance of the applicable activities under the Statement of Work, and CLIENT’s payment of amounts due on a time and materials basis shall not be construed as acceptance by CLIENT of any Payment Milestone or Deliverable associated with such activities. For the avoidance of doubt, delivery and acceptance of Products ordered under a Binding Purchase Order shall be governed by the applicable provision set forth in Article 6, below, rather than this Section 3.3.2.
Delivery and Acceptance. 1.1 The date on which the Ship shall be ready for delivery shall be a calendar date during the period from February 1, 2017 until and including April 28, 2017. Subject to Clause 16 in Article 14, by July 8, 2013 (at latest) the Builder shall propose for the Buyer’s approval (not to be unreasonably withheld or delayed) a date for delivery of the Ship within the above period. The date approved in writing by the Buyer or otherwise agreed in writing between the Buyer and the Builder shall be the “Delivery Date”. The Ship shall not be delivered before the Delivery Date without the express written approval of the Buyer. When:
(i) the Builder has completed the building work in conformity with this Contract, the Plans and the Specification;
(ii) all tests have been performed and completed in a manner satisfactory to the Buyer;
(iii) the Ship has been freed from all Defects (apart from Defects which qualify as minor and insignificant Defects, as defined in Clause 1.6, and Defects for which there will be a reduction in the Contract Price in accordance with Article 6 Clause 2); and
(iv) the Ship (a) has been cleaned and prepared (in accordance with the Builder’s usual practices and to their usual standards for ships of this type) to take on a full complement of passengers, officers, crew and staff, and (b) is in all other respects ready to commence operations as a luxury cruise ship, the Builder shall tender the Ship for delivery to the Buyer safely afloat alongside a safe and accessible quay at the Delivery Port where there must be sufficient water for the Ship always to remain afloat and from where there must be direct, free, unimpeded, safe and lawful access to international waters provided that the Builder shall have given to the Buyer not less than (a) 365 (three hundred and sixty five) days, 180 (one hundred and eighty) days, ninety (90) days prior written notice of the date on which the Builder in its good faith assessment expects to tender the Ship for delivery to the Buyer in accordance with this Contract, and (b) 15 (fifteen) days definite prior written notice of the date on which the Builder will tender the Ship for delivery to the Buyer in accordance with this Contract.
1.2 The Builder shall deliver the Ship to the Buyer free and clear of all encumbrances whatsoever.
1.3 On delivery of the Ship the Builder shall also deliver the following documents (together, the “Delivery Documents”):
(i) a protocol of delivery and acceptance in a mutually agreed form co...
Delivery and Acceptance. Acceptance of any Deliverable or any part of the Services will only be regarded as complete, when such Deliverable or such part of the Services has been successfully completed in terms of any relevant acceptance criteria set out in the Work Order, or in the absence of such acceptance criteria, on written agreement with Transnet.
Delivery and Acceptance. Upon acceptance for lease by Lessee of any Equipment delivered to Lessee and described in any Equipment Schedule, Lessee shall execute and deliver to Lessor a Certificate of Acceptance. LESSOR SHALL HAVE NO OBLIGATION TO ADVANCE FUNDS FOR THE PURCHASE OF THE EQUIPMENT UNLESS AND UNTIL LESSOR SHALL HAVE RECEIVED A CERTIFICATE OF ACCEPTANCE RELATING THERETO EXECUTED BY LESSEE. Such Certificate of Acceptance shall constitute Lessee's acknowledgment that such Equipment (a) was received by Lessee, (b) is satisfactory to Lessee in all respects and is acceptable to Lessee for lease hereunder, (c) is suitable for Lessee's purposes, (d) is in good order, repair and condition, (e) has been installed and operates properly, and (f) is subject to all of the terms and conditions of this Lease (including, without limitation, Section 2 hereof).
Delivery and Acceptance. 1. Upon LICENSEE's execution of this Agreement, LICENSOR shall deliver the Database to LICENSEE.
2. LICENSOR shall continue to deliver succeeding Versions of the Database to LICENSEE, provided LICENSEE is a paid-up member of the LDC for the Membership Year in which such Version is released.
3. LICENSEE acknowledges and agrees that the Database is licensed on an ``as is with all defects'' basis and, subject only to subsection 2 of this Section D, is provided without maintenance, support or improvements. Accordingly, LICENSOR shall not be required to make any corrections, or provide maintenance, or provide updates to LICENSEE, or assist LICENSEE in the understanding or use of the Database. No guarantee is made that the dictionary is adequately or completely described in the documentation.
4. Notwithstanding subsection 3 of this Section D, if LICENSOR makes corrections or provides maintenance or updates to the Database to any other member of LDC, LICENSOR shall offer such corrections, maintenance and/or updates to LICENSEE, if LICENSEE is a member of LDC.
