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 31 December 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 2021, 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. 10.1 Shipper shall make good faith, reasonable efforts to schedule the arrival of its vessels ratably.
10.2 Shipper shall give Millennium and Oiltanking advance written notice of the receipt and/or delivery of each shipment of Product, which notice shall specify:
(1) the name of the carrier;
(2) the carrying vessel or pipeline;
(3) the custody transfer point;
(4) the type, grade and quantity of Product;
(5) the estimated time of arrival thereof; and
(6) any other pertinent information, including without limitation any and all documentation required by law concerning the receipt, delivery, handling or storage of Products.
10.3 Shipper will deliver such notice to Millennium and Oiltanking not less than seventy-two (72) hours in advance as to tank barges, four (4) days in advance as to other vessels, and five (5) days in advance as to pipelines. It is Shipper's sole responsibility to arrange, coordinate and expedite all carrier movements. Oiltanking will cooperate in arranging, coordinating and expediting such movements, but any such cooperation will not constitute a waiver of this clause.
10.4 Under ordinary circumstances, Millennium will cause Oiltanking to receive shipments of Product from tank barges, other vessels or pipelines in the order in which they arrive at the Storage Facility, but Oiltanking will nevertheless be entitled to depart from such order for the purpose of complying with the regulations or directives of applicable government authorities or for insuring the smooth working of the Storage Facility operations. From time to time, Oiltanking may, in its sole discretion, direct Shipper's vessels to dock and offload at the dock of TE Products Pipeline Company ("TEPPCO") across the Nueces River from the Oiltanking dock.
10.5 Although every effort will be made to remove as much material as possible from storage tanks at the Storage Facility, Millennium has no obligation to, nor to cause or require Oiltanking to, squeegee out any of the foregoing. Millennium will, however, cause Oiltanking to remove as much material as practicable using Oiltanking's standard equipment and procedures. Millennium and Shipper agree that only liquid material will be pumped through Oiltanking's system.
10.6 Oiltanking will not perform any services aboard any vessel or barge. Millennium will, however, cause Oiltanking to provide labor necessary to perform the services agreed upon herein in accordance with Oiltanking's established Storage Facility practices. Any additiona...
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. (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. 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. 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) The Customer must, at its cost, deliver the Equipment and all technical data required by the Supplier to complete the Services to the Supplier’s Facility or such other location specified by the Supplier in writing.
Delivery and Redelivery. 1. Upon delivery of the bicycle, the Customer and the Service Provider will verify the status.
2. Taking delivery of the bicycle complete with any accessories, the Customer recognizes them fully efficient and declares to have checked them in advance and found them suitable for the agreed use. Any damage present at the time of delivery will be reported, and noted at the bottom of the rental agreement, with indication of a certain date and the signature of the Customer and the Service Provider.
3. The Customer commits to return the bicycle and accessories to the same place of initial delivery and at the times established by the Service Provider.
4. The bicycle and any accessories are considered returned only if given back directly to the Service Provider, and after signing the contract, by both parties, at the time of return.
5. The parking of the bicycle and any accessories outside the rental point during the closing time is not considered. The return to a place other than the initial delivery must be authorized in advance and, in this case, the relative costs of recovery of the bicycles by the Service Provider will be charged to the Customer and added to the rental cost.
6. In case of delay in the return of the bicycle or accessories compared to the agreed time, a full day of rental will be charged every 4 hours of delayed delivery.
Delivery and Redelivery. 3.1 Premier Box will deliver the Containers to You on or before the Commencement Date.
3.2 Delivery of the Containers is taken to occur at the time Premier Box or its nominated carrier delivers or attempts to deliver the Containers to the Delivery Address even if You are not present at the address.
3.3 In the event that You are unable or refuse to take delivery of any of the Containers including where access to the Delivery Address is restricted, then Premier Box shall be entitled to charge a reasonable fee for storage of the Containers.
3.4 Upon expiration or the earlier termination of the Hire Term, You must make the Containers available for collection at a time agreeable to Premier Box. You must ensure the Containers are empty prior to return.
3.5 Any notified times for delivery or collection of the Containers are estimates only and Premier Box shall not be liable to You for any delay in delivery or collection of the Containers including if occasioned by strike, lockout or other industrial dispute, shortage of labour, delays in transit, fire, flood, hostility, civil commotion or any other cause whether or not beyond Premier Box’s control. You must still accept delivery of the Containers even if they are late and Premier Box will not be liable for any loss or damage incurred by You as a result of the delivery or collection being late.
3.6 You must not move or cause the Containers to be moved from the Delivery Address without first obtaining prior written consent from Premier Box.
