Delivery and Acceptance; Risk of Loss Sample Clauses

Delivery and Acceptance; Risk of Loss. (i) Seller, as "Lessee", and Purchaser as "Lessor", shall, contemporaneously with the Closing, enter into the Lease with each other. Upon the Closing of the purchase and sale, Seller shall (i) cause all the conditions specified in the Lease to be fully satisfied; and (ii) accept delivery of the Aircraft under the Lease in accordance with the terms of the Lease. Such a delivery to Seller shall be deemed to be delivery of the Aircraft to Purchaser hereunder. (ii) Title and risk of loss to the Aircraft shall pass from Seller to Purchaser under this Purchase Agreement upon payment of the Purchase Price by Purchaser to Seller and the simultaneous delivery by Seller to Purchaser of the Bills of Sale, each to occur at the time of Closing. (iii) If, (A) after inspection by Lessor on April 7, 2005 and before Closing, the Aircraft is destroyed, Seller shall notify Purchaser thereof and upon receipt of such notice, this Purchase Agreement shall terminate without further act of either party and thereafter, neither party shall have any further rights or obligations with respect to, the purchase of the Aircraft or, (B) after inspection by Lessor on April 7, 2005 and before Closing, the Aircraft has been damaged where the cost of repair would exceed the Damage Notification Threshhold (as defined in the Lease), Seller shall notify Purchaser thereof and after receipt of such notice, Purchaser shall have the option to terminate this Agreement upon notice to Seller whereupon the issuance of such a notice by Purchaser, this Agreement shall terminate and thereafter, neither party shall have any further rights or obligations with respect to the purchase of the Aircraft.
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Delivery and Acceptance; Risk of Loss. (i) Upon the Closing of the purchase and sale, Seller shall (i) cause VLM to enter into the Leases and cause all the conditions specified in each Lease to be fully satisfied; and (ii) cause VLM to accept delivery of the Aircraft under each Lease in accordance with the terms of each Lease. Such a delivery to VLM under each Lease shall be deemed to be delivery of the Aircraft to Purchaser hereunder. (ii) Title and risk of loss to the Aircraft shall pass or transfer from Seller to Purchaser under this Sale Agreement upon the last of the following to occur: (A) payment of the Purchase Price by Purchaser to Seller and the simultaneous delivery by Seller to Purchaser of each Bill of Sale, xxx (B) the execution of the Deed of Transfer by the Seller and the Purchaser and recordation of the Deed of Transfer in the Aircraft Record in The Netherlands (Register voor Teboekgestelde Luchtvaartuigen), each to occur at the time of Closing. (iii) If, after December 2, 2005 and before Closing, either Aircraft is destroyed or was damaged, Seller shall notify Purchaser thereof and upon receipt of such notice, this Sale Agreement, (A) in the case of destruction of an Aircraft, shall terminate as to such Aircraft without further act of either party, and (B) in the case of damage to an Aircraft, shall terminate as to such Aircraft at the option of Purchaser and upon notice to Seller, and upon either of such terminations, thereafter, neither party shall have any further rights or obligations with respect to, the purchase of the affected Aircraft.
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Delivery and Acceptance; Risk of Loss. Title and risk of loss for goods purchased under this Contract shall remain with Service Provider until such goods have been delivered to XXXX at the location specified in the Contract and have been accepted by XXXX. If Service Provider does not comply with SASI’s delivery schedule, XXXX may either approve a revised schedule or terminate the Contract without liability, subject to a refund of any fees paid in advance for the terminated Contract. Upon delivery, XXXX may inspect all goods and services purchased to determine if they meet all applicable requirements, are otherwise in good condition, and are suitable for their intended business use. IF, IN THE REASONABLE JUDGMENT OF XXXX, THE GOODS OR SERVICES ARE UNSATISFACTORY, XXXX MAY REJECT SUCH GOODS
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Delivery and Acceptance; Risk of Loss. Any and all Clinical Supply, Commercial Product, or Promotional Sample supplied hereunder to SPA shall be shipped from RTU’s manufacturing facility in Sanda (Hyogo, Japan) or its contract manufacturer and delivered to a common carrier to be transported for importation into the SPA Territory. The identity of the common carrier and the port of entry shall be mutually determined by the Parties in writing. Title and risk of loss shall pass to SPA at the time the goods are delivered to SPA or its designee, and SPA shall assume all responsibility for and costs associated with the goods upon such acceptance.
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Related to Delivery and Acceptance; Risk of Loss

  • 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 of the Manuscript The Author shall deliver the Contribution to the Editor (or, if requested by the Publisher, to the Publisher) on or before Delivery Date (the “Delivery Date”) electronically in the Publisher's standard requested format or in such other form as may be agreed in writing with the Publisher. The Author shall retain a duplicate copy of the Contribution. The Contribution shall be in a form acceptable to the Publisher (acting reasonably) and in line with the instructions contained in the Publisher’s guidelines as provided to the Author by the Publisher. The Author shall provide at the same time, or earlier if the Publisher reasonably requests, any editorial, publicity or other information (and in such form or format) reasonably required by the Publisher. The Publisher may exercise such additional quality control of the manuscript as it may decide at its sole discretion including through the use of plagiarism checking systems and/or peer review by internal or external reviewers of its choice. If the Publisher decides at its sole discretion that the final manuscript does not conform in quality, content, structure, level or form to the stated requirements of the Publisher, the Publisher shall be entitled to terminate this Agreement in accordance with the provisions of this Clause. The Author must inform the Publisher at the latest on the Delivery Date if the sequence of the naming of any co-authors entering into this Agreement shall be changed. If there are any changes in the authorship (e.g. a co-author joining or leaving), then the Publisher must be notified by the Author in writing immediately and the Parties will amend this Agreement accordingly. The Publisher shall have no obligation to consider publication under this Agreement in the absence of such agreed amendment. If the Author fails to deliver the Contribution in accordance with the provisions of this Clause above by the Delivery Date (or within any extension period given by the Publisher at its sole discretion) or if the Author (or any co-author) dies or becomes incapacitated or otherwise incapable of performing the Author’s obligations under this Agreement, the Publisher shall be entitled to either: (a) elect to continue to perform this Agreement in accordance with its terms and the Publisher may commission an appropriate and competent person (who, in the case of co-authors having entered into this Agreement, may be a co-author) to complete the Contribution; or (b) terminate this Agreement with immediate effect by written notice to the Author or the Author's successors, in which case all rights granted by the Author to the Publisher under this Agreement shall revert to the Author/Author's successors (subject to the provisions of the Clause "Termination"). The Author agrees, at the request of the Publisher, to execute all documents and do all things reasonably required by the Publisher in order to confer to the Publisher all rights intended to be granted under this Agreement. The Author warrants that the Contribution is original except for any excerpts from other works including pre-published illustrations, tables, animations, text quotations, photographs, diagrams, graphs or maps, and whether reproduced from print or electronic or other sources ("Third Party Material") and that any such Third Party Material is in the public domain (or otherwise unprotected by copyright/other rights) or has been included with written permission from or on behalf of the rights holder (and if requested in a form prescribed or approved by the Publisher) at the Author's expense unless otherwise agreed in writing, or is otherwise used in accordance with applicable law. On request from the Publisher, the Author shall in writing indicate the precise sources of these excerpts and their location in the manuscript. The Author shall also retain the written permissions and make them available to the Publisher on request.

  • Delivery and Risk of Loss Unless otherwise provided for in advance, all shipments will be made F.O.B. Seller's facility, and upon Seller's delivery of a shipment to the carrier, Buyer shall assume the risk of any loss or damage to the shipment thereafter. Delivery and/or completion dates furnished by Seller represent the best estimates of the time required to make shipment or complete services, and Seller does not guarantee delivery or completion by a particular date unless otherwise stated herein or in any schedule or addendum attached hereto. If a delivery date for products is guaranteed herein, (a) Seller’s unexcused delay in delivering one installment to the carrier at Seller’s facility shall permit Buyer to cancel only that installment, and acceptance by Buyer or the act of taking possession of products by the carrier shall constitute a bar to any claim of late delivery with respect to such products and (b) Buyer shall not be excused from performance if for any reason, the carrier does not pick up products on the date specified for shipping, and Seller may dispose of any products which the carrier does not pick-up within five (5) days of the date agreed for delivery to the carrier at Seller’s facility if Buyer refuses acceptance based on such delay, in which case Seller may cancel the order without notice to Buyer and Buyer shall be responsible for a 25% restocking fee as to the products ordered. In any such event, Seller shall have no duty to mitigate its damages. Seller may deliver any products subject to an order to the carrier at its facility in part and in such event, Buyer shall be responsible for payment for that part of the order received by the carrier, and Seller shall only be responsible for that portion of an order which Seller is required to but does not deliver.

  • Electronic Delivery and Acceptance The Company may, in its sole discretion, decide to deliver any documents related to current or future participation in the Plan by electronic means. The Participant hereby consents to receive such documents by electronic delivery and agrees to participate in the Plan through an on-line or electronic system established and maintained by the Company or a third party designated by the Company.

  • Delivery; Risk of Loss Deliveries must be made both in quantities and at times specified on the face of the Purchase Order or in Buyer's schedules and time is of the essence. Buyer’s delivery schedules are an integral part of the Purchase Order, are governed by these terms and conditions and are not independent contracts. ▪ Buyer will not be required to make payment for goods delivered to Buyer that are in excess of quantities specified in Buyer's delivery schedule on the Purchase Order or in written releases issued by Buyer. Buyer may reject any deliveries made after or before the specified delivery date. Seller will bear all costs and damages incurred by Buyer due to late or early delivery. ▪ If Seller fails to meet the agreed upon delivery requirements for reasons other than those specified in paragraph 13 below, and Buyer requires a more expeditious method of transportation for the goods than the transportation method originally specified, Seller shall ship the goods as expeditiously as possible at Seller's expense and invoice Buyer for the amount, if any, that Buyer would have paid for normal shipment. ▪ Unless provided otherwise in the Purchase Order, all goods are sold DAP. Seller shall be responsible for and bear the risk of any loss or damage to the goods until received by the Buyer.

  • DELIVERY, TITLE AND RISK OF LOSS Unless otherwise specified on the EDDYFI quotation, delivery is FCA (Manufacturing Site). In any case, delivery and risk of loss is in accordance with INCOTERMS 2010. Title to products shall pass to the Customer upon full payment of the invoice(s). In the absence of specific instructions, goods will be shipped via the carrier EDDYFI deems most practical. No claim for error in shipment will be considered unless made within ten (10) days of Customer’s receipt of goods.

  • INSPECTION AND ACCEPTANCE Cisco may reject any or all of the Work which does not conform to the applicable requirements within 10 business days of Supplier’s delivery of the Work. At Cisco’s option, Cisco may (i) return the non- conforming Work to Supplier for a refund or credit; (ii) requires Supplier to replace the non-conforming Work; or (iii) repair the non-conforming Work so that it meets the requirements. As an alternative to (i) through (iii), Cisco may accept the non-conforming Work conditioned on Supplier providing a refund or credit in an amount Cisco reasonably determines to represent the diminished value of the non-conforming Work. Cisco’s payment to Supplier for Work prior to Xxxxx’s timely rejection of such Work as non- conforming will not be deemed as acceptance by Xxxxx.

  • Delivery Location All Goods shall be delivered to the address specified in this Order (the "Delivery Location") during Buyer's normal business hours or as otherwise instructed by Buyer.

  • Risk of Loss; Notice Prior to Closing and the delivery of possession of the Property to Buyer in accordance with this Contract, all risk of loss to the Property (whether by casualty, condemnation or otherwise) shall be borne by Seller. In the event that (a) any loss or damage to the Hotel shall occur prior to the Closing Date as a result of fire or other casualty, or (b) Seller receives notice that a governmental authority has initiated or threatened to initiate a condemnation proceeding affecting the Hotel, Seller shall give Buyer immediate written notice of such loss, damage or condemnation proceeding (which notice shall include a certification of (i) the amounts of insurance coverages in effect with respect to the loss or damage and (ii) if known, the amount of the award to be received in such condemnation).

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