Delivery and Redelivery. The Lender shall transfer the Borrowed Shares to such VPS account as instructed by the Company on the date of this Agreement. Redelivery of Borrowed Shares to BW Group shall be in the form of new common shares to be issued by the Company in a number equal to the number of Borrowed Shares (the “New Shares”). The New Shares shall be subscribed for at par value, i.e. USD 0.01 per New Share. The subscription amount of USD 34,315.77 shall be deemed to be paidby set-off against the fee to be paid by the Company to BW Group as set out in Clause 4 below. The Company undertakes to redeliver the Borrowed Shares to the Lender as soon as practically possible and in no event later than 30 March 2023. BW Group hereby subscribes for any New Shares required to enable the Company to redeliver the Borrowed Shares in a timely manner without having to acquire shares in the market or reducing its ability to deliver shares under LTIP 2020, and BW Group agrees to take the New Shares subject to the memorandum of association and bye-laws of the Company and authorises the Company to enter its name and address in the register of members of the Company in respect of such New Shares.
Delivery and Redelivery. The Charterer, as bareboat charter operator of the Vessel before entry and inception of this Charter, is fully aware of the Vessel’s condition. The Charterer agrees that the Vessel’s condition is acceptable in every respect whatsoever and that the Vessel is in full compliance with this Charter. Accordingly, the Vessel shall be deemed delivered and taken over strictly “as is, where is” and, notwithstanding any term, condition, representation or warranty whatsoever (whether express or implied) to the contrary, the Charterer shall not have or assert (and hereby waives) all claims whatsoever against the Owner, whether known or unknown, suspected or unsuspected, accrued or unaccrued, with respect to the Vessel. The Charterer acknowledges and agrees that all conditions and recommendations of class shall be removed before the Vessel is redelivered to the Owner if it is not purchased pursuant to Part I Clause 7(f) of the Bareboat Charter. If any latent defect, deficiency or non-conformity should appear or arise during the Charter Term, the Charterer shall repair or replace the same at its cost and in its time. The Charterer agrees that the Owner shall not have any liability whatsoever to the Charterer if the Vessel should prove to be unsuitable for the Charterer’s purposes for any reason whatsoever, or if the Vessel should cease to be available to the Charterer for any reason whatsoever except where the Charterer is deprived of the use of the Vessel by an independent breach of this Charter by the Owner. At the end of the Charter Term the Charterer shall redeliver the Vessel to the Owner at the place of redelivery specified in Part I.
Delivery and Redelivery. Delivery and redelivery of the Aircraft by one party to the other party shall be made at Westchester County Airport in New York or Xxxxxxx International Airport in New Windsor, New York; provided, however, the delivery and/or re-delivery may be made at such other airport as the parties may agree. Lessee shall not enter into any lease or sublease or other occupancy agreement relating to hangar space for the Aircraft that has a term that ends after January 31, 2014. If Lessee shall enter into a new lease, sublease or other arrangement relating to hangar space for the Aircraft (a “New Hangar Lease”) the amount of the payments under such New Hangar Lease in excess of $105,600 per annum shall not be included in the cost threshold set forth in Section 4.3(d)(ii)(x) herein. If the Lessee terminates this Agreement for any reason, other than by reason of a default by Lessor as provided in Section 9.2 below, Lessee shall be responsible for all costs and expenses in connection with the New Hanger Lease in excess of the amount due for one month under the Lessor’s lease at Xxxxxxx Airport in effect as of the date of this Agreement (which amount Lessor shall be responsible for).
Delivery and Redelivery. (a) Charterer shall accept and pay for all bunkers (which shall include fuel oil, diesel oil and gas oil) and LNG Heel on board at the time of delivery at the respective Fuel Price and LNG Price. Amounts owed under this Clause 7.1 shall be included in the first Monthly Hire Invoice issued after the Delivery Date, which shall separately identify the amount payable for fuels on such Monthly Hire Invoice.
(b) Owner shall on redelivery (whether it occurs at the end of the Charter Period or on the earlier termination of this Charter) accept and pay for all bunkers and LNG Heel remaining on board, valued respectively at the respective Fuel Price and LNG Price. Charterer shall issue a Reimbursement Invoice to Owner within ***** after Redelivery of the Vessel.
(c) The Vessel shall be delivered to Charterer:
(i) with cargo tanks with inert gas ready to start the “gas up operation”; and
(ii) with an adequate quantity of fuel oil and diesel oil to allow the operation of the regasification plant at full capacity for one week.
(d) The Vessel shall be redelivered to Owner with:
(i) at Owner’s option, either its (A) cargo tanks containing not less than ***** LNG Heel, (B) cargo tanks containing natural gas vapour; or (C) cargo tanks in a Gas Free condition, as notified in writing by Owner to Charterer no later than ***** after the date (if any) Charterer provides the notice referred to in Clause 6.12(a) to Owner; provided, however, that where redelivery occurs other than due to expiry (by effluxion of time) of this Charter, or in the event that Charterer does not provide a notice under Clause 6.12(a), Owner shall give Charterer reasonable notice of its election of one of the above options, and Charterer shall use reasonable endeavours to comply with such request; and
(ii) not less than ***** of fuel oil and ***** of diesel oil.
Delivery and Redelivery. Delivery and redelivery of the Aircraft by one party to the other party shall be made at Xxxxxxx International Airport in New Windsor, New York; provided, however, the delivery and/or re-delivery may be made at such other airport as the parties may agree.
Delivery and Redelivery. (a) Company shall accept and pay for the Delivery Bunkers at the Fuel Price and amounts owed under this Clause 7.1(a) shall be separately itemised in the first Monthly Invoice issued after Acceptance (if it occurs).
(b) Owner shall on redelivery accept and pay at the Fuel Price for all bunkers certified in the Certificate of Redelivery as on board the FSRU at the time of redelivery.
(c) The FSRU shall be delivered to Company provisioned with marine diesel oil at least sufficient for reasonable operations prior to the Scheduled Delivery Date.
Delivery and Redelivery. (1) LAZARUS shall give DPS written documentation of the receipt and/or delivery of each shipment of Product, which notice shall specify (a) the name of the carrier, (b) the carrying vehicle or vessel, (c) the custody transfer point, (d) the type, grade, quantity and quality (including H2S content) of Product as required by Terminal, (e) the estimated time of arrival thereof and (f) any other pertinent infonnation, including without limitation any and all documentation required by law concerning the receipt, handling or storage of Product. This docwnentation shall be given for each twenty four (24) hours period as to trucks, and pipeline deliveries. The handling of trucks shall be in accordance with the rules, regulations and rates set forth in Section II of this Agreement. It is DPS's sole responsibility to arrange, coordinate and expedite all carrier movements. LAZARUS will cooperate in arranging, coordinating and expediting such movements, but any such cooperation shall not constitute a waiver of the provisions ofthis Section.
(2) LAZARUS shall, under ordinary circumstances, deliver Product to or receive Product from (as the case may be) tank trucks, or pipeline deliveries in the order of arrival or receipt (as the case may be) at the Terminal, but LAZARUS shaJJ nevertheless be entitled to depart from such order for the purpose of complying with the regulations or directives of applicable govenunent authorities or for insuring the smooth working of the Terminal's operations or for any other purpose whatsoever that LAZARUS shall, in its sole discretion, deem appropriate.
(3) Although every effort will be made to remove as much product and/or material as possible from the Tanks, ot tank trucks, LAZARUS is not obligated to squeegee out any of the foregoing, but will remove as much material as practicable using Terminal 's standard equipment and procedures. DPS agrees that only liquid material will be pumped through Terminal's system. Fwther, LAZARUS shall not be liable for any product and/or material remaining in the Tanks, and tank trucks.
(4) LAZARUS's obligation to provide labor necessary to perform the services agreed upon herein is limited to furnishing personnel to perform in accordance with Terminal's established TenninaJ practices. Any additional costs that may arise due to labor disputes, jurisdictional or otherwise, regarding the control of the movement of material or handling of equipment or hoses between LAZARUS's Terminal facilities and any tan...
Delivery and Redelivery. Lessor will deliver the Engine to Lessee on the ------------------------ Delivery Date F.O.B. the Lessor's facility. The Engine will have a F.A.A. approved return to service tag affixed to it. Upon termination of the Lease the Engine will be redelivered F.O.B. to Lessor's facility in Dallas, Texas in serviceable condition as set forth in this Lease Agreement.
Delivery and Redelivery. 5.01 Customer shall deliver to SCPL and SCPL shall redeliver to Customer up to 274,120 Dth of gas (the 'Interim Service Quantity") during the Interim Period of this Contract as defined in Section 4.01. Customer agrees to deliver and SCPL agrees to accept the Interim Service Quantity at the Point of Delivery/Redelivery set out in Clause 5.05 hereof, during any one of the seven months during the period April through and including October (the 'Delivery Month"), each year of the Interim Period. Customer is to provide notice to SCPL, of its intention to deliver, on or before the 24th day of the month, or such other date as mutually agreed to by the Parties, preceding the desired Delivery Month. Subject to Clause 10.01, Customer may deliver, in the Delivery Month, a daily quantity not to exceed 274,120 Dth divided by the number of days in the Delivery Month (the "Interim Delivery Quantity').
Delivery and Redelivery. The Vessel shall be delivered to Sub-Charterer by Intracoastal Marine, LLC upon commencement of the Charter term at the Delivery Location contained the Specifications, or at such location as may be otherwise agreed.
