Delivery Conditions; Inspections Sample Clauses

Delivery Conditions; Inspections. (i) Lessee and Lessor shall cooperate and use reasonable efforts to ensure that the delivery of the Aircraft from Lessor to Lessee hereunder shall be completed in an efficient and mutually satisfactory manner. Lessor shall use reasonable best efforts to procure that Air Invest complies with Air Invest's obligations with regard to delivery pursuant to the Purchase Agreement. Lessee shall be entitled to participate in the preliminary inspection (the "Preliminary Inspection") relating to the delivery of the Aircraft from Air Invest to Lessor, which inspection shall take place from October 22 to October 27 in Brussels, Belgium (the "Preliminary Inspection Location"). (ii) (A) Following the Preliminary Inspection, and prior to the Test Flight, and as soon as practicable in accordance with the Purchase Agreement, the Aircraft, including the Aircraft Documents, shall be made available to Lessee and/or Lessee's agents, representatives and designees (each for purposes of this Section 2(c), an "Inspecting Party") for ground inspection by the Inspecting Parties (the "Second Inspection") at the Preliminary Inspection Location. The Second Inspection shall be for the purpose of determining whether (i) there has been any change in the condition of the Aircraft from its condition at the Preliminary Inspection, and (ii) the Aircraft meets the redelivery conditions in the Air Invest Lease. The Second Inspection also may, at Lessor's or Lessee's option, include a power assurance run of the Engines. Lessor shall make available to the Inspecting Parties such documentation regarding the condition, use, maintenance, operation and history of the Aircraft during the term of the Air Invest Lease as Air Invest may have access to under the Air Invest Lease.
Sample 1
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Delivery Conditions; Inspections. (a) Except as provided in Section 6.3 below and as specified in the Delivery Conditions, the Aircraft (including the airframe, each Engine, any landing gear, component equipment and Part installed thereon or appurtenant thereto, any of the Aircraft Documentation and any other Part, data or information sold hereunder) will be delivered to Buyer in “AS-IS, WHERE-IS” condition, subject to the disclaimer and acknowledgment set out in Article VI. (b) Buyer accomplished an inspection (“Inspection”) of the Aircraft on or about January 20, 2006 and determined that the condition of the Aircraft is acceptable to Buyer. After the execution of this Agreement but prior to the Delivery Date at the Delivery Location and at Buyer’s expense, Buyer may conduct a walk-around inspection (the “Walk-Around Inspection”) to confirm that the Aircraft is in the same condition as on the date the Inspection was accomplished, ordinary wear and tear excepted (i.e. has not sustained any material damage), and if the Aircraft is in such Delivery Condition, Buyer will execute the Acceptance Certificate; provided, however, if Buyer determines at the Walk-Around Inspection that the Aircraft does not meet the foregoing Delivery Condition, upon receiving a written notice and evidence satisfactory to Seller (in Seller’s reasonable judgment) thereof from Buyer, Seller may elect to either (i), correct the non-compliant Delivery Condition at Seller’s expense and delay the Delivery Date by up to sixty (60) days or such later date as both parties agree, or (ii) terminate this Agreement. If Seller elects to terminate this Agreement pursuant to the foregoing, the Deposit (together with interest accrued thereon) shall be returned to Buyer in accordance with the Escrow Agreement, whereupon all obligations hereunder shall terminate and be of no further force and effect. In no event shall Seller be obligated to correct any non-compliant Delivery Condition nor shall Seller have any liability for the failure of the Aircraft to be in conformity with the Delivery Conditions.
Sample 1
Delivery Conditions; Inspections. (i) Owner Participant shall use reasonable best efforts to procure that the Airframe Manufacturer complies with its obligations with regard to delivery of the Aircraft (the "Delivery") pursuant to the Purchase Agreement. Lessee shall be entitled to participate in the inspection and test flight relating to the redelivery of the Aircraft from the Airframe Manufacturer which inspection shall take place at the Delivery Location. Lessee shall be entitled to have one representative on board as observer of any test flight. Lessee's participation in the inspection and test flight under the Purchase Agreement shall satisfy Lessor's obligations to provide Lessee with reasonable opportunity to verify that the Aircraft meets the Delivery Conditions. (ii) Upon completion of the inspection and test flight referred to above, Lessee agrees to execute and deliver to Lessor a technical acceptance certificate (the "Technical Acceptance Certificate") substantially in the form attached hereto as Exhibit A. Upon execution of the Technical Acceptance Certificate, Lessee shall be deemed to have found the Aircraft to be in acceptable condition for delivery hereunder (and shall not be permitted to refuse to accept delivery of the Aircraft on the Delivery Date on that basis) except to the extent damage or loss to the Aircraft or any Part thereof occurs during the period following execution of the Technical Acceptance Certificate and prior to the Delivery Date (unless Lessor has repaired any such damage or loss prior to the Delivery Date). (iii) Lessor, Owner Participant and Lessee shall cooperate such that the inspection and delivery procedures shall minimize the tax impact to such parties under Section 9(c) hereof.
Sample 1

Related to Delivery Conditions; Inspections

  • Delivery Conditions (a) The Delivery Conditions are as follows: (i) At Seller’s expense, Seller shall have secured all Governmental and grid operations approvals as are necessary for the safe and lawful operation and maintenance of the Project and to enable Seller to deliver Distribution Services at the Initial Contract Capacity to Buyer. (ii) Seller shall have posted collateral as required by Section 10.4(a)(ii). (iii) Seller shall have submitted for Buyer’s review a Project Safety Plan incorporating the elements described in Appendix XII, which must demonstrate Seller’s ability to comply with the Safety Requirements on the IDD and for the Delivery Term. (iv) Seller shall have delivered to Buyer the Safety Attestation in accordance with Section 2(a) of Appendix XIV. (v) As of the IDD, no Seller’s Event of Default shall have occurred and remain uncured. (vi) At Seller’s expense, Seller or Contractor shall have constructed or caused to be constructed the Project as of the IDD and submitted the Certification for Commercial Operation in Appendix VII-A to enable (A) Seller to satisfy the obligations of the Seller herein and (B) the Project to deliver Distribution Services at the Contract Capacity to Buyer. (vii) At Seller’s expense, Seller shall have installed any necessary metering to deliver the applicable Distribution Services in accordance with Section 4.1 and any applicable tariffs of the Utility Distribution Company. (viii) Seller shall have met each Critical Milestone set forth in Appendix VI pursuant to Section 2.3.

  • – OTHER SPECIAL CONDITIONS I. 12.1 Exchange rate applicable for the conversion of currencies into euro Payments shall be made by the Commission in euro. The co-ordinator shall submit the payment requests in accordance with article I.5.3, including the underlying financial statements, in euro. By way of derogation from article II.16.1, any conversion of actual costs into euro shall be made by the beneficiary at the monthly accounting rate established by the Commission and published on its website applicable on the day when the cost was incurred.

  • Inspections and Tests 26.1 The Supplier shall at its own expense and at no cost to the Procuring Entity carry out all such tests and/or inspections of the Goods and Related Services as are specified in the SCC. 26.2 The inspections and tests may be conducted on the premises of the Supplier or its Subcontractor, at point of delivery, and/or at the Goods' final destination, or in another place in Kenya as specified in the SCC. Subject to GCC Sub-Clause 26.3, if conducted on the premises of the Supplier or its Subcontractor, all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the Procuring Entity. 26.3 The Procuring Entity or its designated representative shall be entitled to attend the tests and/or inspections referred to in GCC Sub-Clause 26.2, provided that the Procuring Entity bear all of its own costs and expenses incurred in connection with such attendance including, but not limited to, all travelling and board and lodging expenses. 26.4 Whenever the Supplier is ready to carry out any such test and inspection, it shall give a reasonable advance notice, including the place and time, to the Procuring Entity. The Supplier shall obtain from any relevant third party or manufacturer any necessary permission or consent to enable the Procuring Entity or its designated representative to attend the test and/or inspection. 26.5 The Procuring Entity may require the Supplier to carry out any test and/or inspection not required by the Contract but deemed necessary to verify that the characteristics and performance of the Goods comply with the technical specifications codes and standards under the Contract, provided that the Supplier's reasonable costs and expenses incurred in the carrying out of such test and/or inspection shall be added to the Contract Price. Further, if such test and/or inspection impedes the progress of manufacturing and/or the Supplier's performance of its other obligations under the Contract, due allowance will be made in respect of the Delivery Dates and Completion Dates and the other obligations so affected. 26.6 The Supplier shall provide the Procuring Entity with a report of the results of any such test and/or inspection. 26.7 The Procuring Entity may reject any Goods or any part thereof that fail to pass any test and/or inspection or do not conform to the specifications. The Supplier shall either rectify or replace such rejected Goods or parts thereof or make alterations necessary to meet the specifications at no cost to the Procuring Entity, and shall repeat the test and/or inspection, at no cost to the Procuring Entity, upon giving a notice pursuant to GCC Sub- Clause 26.4. 26.8 The Supplier agrees that neither the execution of a test and/or inspection of the Goods or any part thereof, nor the attendance by the Procuring Entity or its representative, nor the issue of any report pursuant to GCC Sub-Clause 26.6, shall release the Supplier from any warranties or other obligations under the Contract.

  • ADDITIONAL SPECIAL CONTRACT CONDITIONS Special Contract Conditions revisions: the corresponding subsections of the Special Contract Conditions referenced below are replaced in their entirety with the following:

  • SPECIAL CONDITIONS A submitted appeal must;

  • Response/Compliance with Audit or Inspection Findings A. Grantee must act to ensure its and its Subcontractors’ compliance with all corrections necessary to address any finding of noncompliance with any law, regulation, audit requirement, or generally accepted accounting principle, or any other deficiency identified in any audit, review, inspection or investigation of the Grant Agreement and the services and Deliverables provided. Any such correction will be at Grantee’s or its Subcontractor's sole expense. Whether Xxxxxxx's action corrects the noncompliance shall be solely the decision of the System Agency. B. As part of the services, Grantee must provide to HHS upon request a copy of those portions of Grantee's and its Subcontractors' internal audit reports relating to the services and Deliverables provided to the State under the Grant Agreement. C. Grantee shall include the requirement to provide to System Agency (and any of its duly authorized federal, state, or local authorities) internal audit reports related to this Grant Agreement in any Subcontract it awards. Upon request by System Agency, Grantee shall enforce this requirement against its Subcontractor. Further, Grantee shall include in any Subcontract it awards a requirement that all Subcontractor Subcontracts must also include these provisions.

  • Buyer’s Conditions Buyer’s obligations to Close are conditioned upon the following (“Buyer’s Conditions”): (i) All representations and warranties of Seller in this Agreement shall be true, correct and complete in all material respects as of the Closing Date and Seller shall have performed in all material respects all covenants and obligations required to be performed by Seller on or before the Closing Date. (ii) Title Insurance Company is irrevocably committed to issue to Buyer an owner’s title insurance policy covering the Property with standard coverage customary in the state where the Property is located showing liability in the amount of the Purchase Price and showing insurable title to the Property vested in Buyer, subject only to the following: (a) Title Insurance Company’s standard exceptions; (b) liens for all current general and special real property taxes and assessments not yet due and payable; (c) liens of supplemental taxes, if any assessed; (d) any facts an accurate survey and/or a personal inspection of the Property may disclose; (e) the mortgage/deed of trust/deed to secure debt lien in connection with any Buyer financing; (f) any laws, regulations, ordinances (including but not limited to, zoning, building and environmental) as to the use, occupancy, subdivision or improvement of the Property adopted or imposed by any governmental body, or the effect of any non-compliance with or any violation thereof, including but not limited to, any disclosure and/or report required by ordinance; (g) rights of existing tenants and/or occupants of the Property (if any); (h) covenants, restrictions, easements and other matters that do not materially impair the value of the Property or the use thereof; (i) non-monetary encumbrances disclosed to Buyer in writing prior to entering into this Agreement; and (j) any other matter for which Title Insurance Company agrees to provide insurance at no additional cost to Buyer.

  • Delivery Condition Subtenant acknowledges that it takes possession of the Subleased Premises in its “as is” condition, and further acknowledges that Sublandlord has made no representations or warranties of any kind or nature, whether express or implied, with respect to the Subleased Premises, the remainder of the Premises, the common areas, or the Building, nor has Sublandlord agreed to undertake or perform any modifications, alterations, or improvements to the Subleased Premises, the remainder of the Premises, the common areas or the Building which would inure to Subtenant’s benefit.

  • Specific Conditions If applicable, specific conditions required after a risk assessment will be included in Exhibit G. Grantee shall adhere to the specific conditions listed therein.

  • Service Conditions Customer acknowledges that in the event of a service issue, Customer is responsible for on-site cooperative testing with LightEdge Technical Support to assist in the diagnosis of the trouble. Customer agrees to be bound to current terms of LightEdge Acceptable Use Policy. Terms of the Acceptable Use Policy are subject to change without notice. Current Acceptable Use Policy can be found here: xxxx://xxx.xxxxxxxxx.xxx/legal Customer agrees that any service complaints including concerns regarding level of support, products, service reliability, or any other concerns related to LightEdge or Services being provided by LIghtEdge will be communicated to LightEdge by sending an email to xx@xxxxxxxxx.xxx.

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