Delivery and Loading Capacities Sample Clauses

Delivery and Loading Capacities. Subject to completion of the Project and commencement of the Term, all Product sold under this Agreement will be delivered to Buyer at the Delivery Point, and title to and risk of loss of Product delivered under this Agreement shall pass from Seller to Buyer at the Delivery Point. Product will be loaded by Seller into trucks provided by Buyer at the Plant. All shipping costs shall be paid by Buyer. Seller assumes no liability in connection with the shipment and in no event shall a carrier be construed to be an agent of Seller. The Plant shall have capabilities to load industry standard trucks as supplied by Buyer (the “Loading Capabilities”), such Loading Capabilities, including, for example, a load rack, shall be provided at Seller’s sole cost and expense. Buyer shall provide trucks that will permit up to a 40 ton payload of Product per tanker truck. Notwithstanding anything to the contrary in this Section, if Product is made available by Seller but is not removed by Buyer within seventy-two (72) hours after being loaded in the applicable Storage Tank, then Buyer shall promptly reimburse Seller for all reasonable and actually incurred costs incurred by Seller by reason of (1) obtaining additional storage space for the Product, (2) heating and maintaining the quality of the Product, and (3) placing such unshipped Product into the market for sale to other Persons. Seller shall have no liability to Buyer under the preceding sentence for Product that Xxxxx fails to promptly take delivery of. For purposes of this Agreement, the “Delivery Point” shall mean when Product exits the flange of Seller’s loading rack into Buyer’s truck(s).
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Related to Delivery and Loading Capacities

  • Time and Location The closing of the transactions contemplated by this Agreement (the “Closing”) shall take place at the offices of Xxxxxx Xxxxxx Xxxxxxxxx Xxxx and Xxxx LLP in Boston, Massachusetts, commencing at 10:00 a.m., local time, on October 31, 2005, or, if all of the conditions to the obligations of the Parties to consummate the transactions contemplated hereby (excluding the delivery of any documents to be delivered at the Closing by any of the Parties and other than satisfaction of those conditions that by their terms are to be satisfied or waived at Closing, it being understood that the occurrence of the Closing shall remain subject to the delivery of such documents and the satisfaction or waiver of such conditions) have not been satisfied or waived by such date, on such mutually agreeable later date as soon as practicable (but in no event more than three Business Days (as defined below)) after the first date on which the conditions to the obligations of the Parties to consummate the transactions contemplated hereby (excluding the delivery of any documents to be delivered at the Closing by any of the Parties and other than satisfaction of those conditions that by their terms are to be satisfied or waiver at Closing, it being understood that the occurrence of the Closing shall remain subject to the delivery of such documents and the satisfaction or waiver of such conditions) have been satisfied or waived (the “Closing Date”). For purposes of this Agreement, a “Business Day” shall be any day other than (i) a Saturday or Sunday or (ii) a day on which banking institutions located in New York, New York are permitted or required by law, executive order or governmental decree to remain closed.

  • Delivery Points The measurement of and tests for quality of Shipper's Gas redelivered at the Delivery Points shall be governed by and determined in accordance with the requirements of the receiving pipeline at each Delivery Point.

  • Floor Loading Floor loading capacity shall be within building design capacity. Tenant may exceed floor loading capacity with Landlord’s consent, at Landlord’s sole discretion and must, at Tenant’s sole cost and expense, reinforce the floor as required for such excess loading.

  • Keys and Locks Landlord will furnish Tenant, free of charge, two keys to each door or lock in the Premises. Landlord may make a reasonable charge for any additional or replacement keys. Tenant will not duplicate any keys, alter any locks or install any new or additional lock or bolt on any door of its Premises or on any other part of the Building without the prior written consent of Landlord and, in any event, Tenant will provide Landlord with a key for any such lock. On the termination of the Lease, Tenant will deliver to Landlord all keys to any locks or doors in the Building which have been obtained by Tenant.

  • Names and Locations Except as set forth on the Names and Locations Schedule attached hereto, during the five-year period prior to the execution and delivery of this Agreement, neither the Company nor its Subsidiaries has used any name or names under which it has invoiced account debtors, maintained records concerning its assets or otherwise conducted business. Substantially all of the tangible assets and properties of the Company are located at the locations set forth on the Names and Locations Schedule (which shall include, but not be limited to, any consignment locations).

  • Delivery Point Once Manufacture of the Products has been completed, Contractor shall be responsible for delivering the Finished Goods FCA, (as defined in Incoterms (2000) published by the International Chamber of Commerce) and to a freight forwarder specified by Company in its Order, or otherwise approved by Company. “Delivery Point” as used in this Agreement shall mean the specific time and location that the Product is delivered to the shipper specified on the Order.

  • STORAGE TANKS AND SUMPS 3.1 Is any above or below ground storage of gasoline, diesel, petroleum, or other Hazardous Materials in tanks or sumps proposed in, on or about the Premises? Existing Tenants should describe any such actual or proposed activities. Yes [ ] No [ ] If yes, please explain:

  • Names and Location The Seller has not used any company names, trade names or assumed names other than its name set forth on the signature pages of this Agreement. The Seller is “located” (as such term is defined in the applicable UCC) in Delaware. The office where the Seller keeps its records concerning the Receivables is at the address set forth below its signature to this Agreement.

  • Storage Any storage space at any time leased to Tenant hereunder shall be used exclusively for storage. Notwithstanding any other provision of this Lease to the contrary, (i) Landlord shall have no obligation to provide heating, cleaning, water or air conditioning therefor, and (ii) Landlord shall be obligated to provide to such storage space only such electricity as will, in Landlord’s judgment, be adequate to light said space as storage space.

  • Collateral Schedules and Locations Insofar as the Collateral consists of inventory, Grantor shall deliver to Lender, as often as Lender shall require, such lists, descriptions, and designations of such Collateral as Lender may require to identify the nature, extent, and location of such Collateral. Such information shall be submitted for Grantor and each of its subsidiaries or related companies.

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