Delivery Obligations. (a) The Seller shall Deliver to the Purchaser, not later than the 5th Business Day following the Determination Date for each Lot (the “Delivery Deadline”), Finished Cobalt in an amount equal to the Payable Cobalt in respect of the Parcel from which such Lot was produced (the “Delivery Amount”); provided that where such Lot is comprised of Off-Spec Material, the Seller shall provide the Purchaser with prompt (and in any event prior to the initial Delivery Deadline) written notice (an “Off-Spec Material Notice”) of the existence of such Off-Spec Material and the Delivery Deadline for such Delivery Amount shall be as follows:
(i) to the extent that the Seller is able to Deliver some or all of the Delivery Amount using Finished Cobalt held on the date of the Off- Spec Material Notice by any Vale Affiliate in inventory in a Warehouse located in [REDACTED: Commercially Sensitive], the Delivery Deadline in respect of such portion of the Delivery Amount shall be not later than the 5th Business Day following the Determination Date for the relevant Lot;
(ii) thereafter, to the extent that the Seller is able to Deliver some or all of any remaining portion of the Delivery Amount using Finished Cobalt held on the date of the Off-Spec Material Notice by any Vale Affiliate in inventory in a Warehouse located in [REDACTED: Commercially Sensitive], the Delivery Deadline in respect of such portion of the Delivery Amount shall be not later than the 10th Business Day following the Determination Date for the relevant Lot; and
(iii) thereafter, in respect of the balance of the Delivery Amount (the “Delivery Balance”), if any, the Delivery Deadline shall be not later than the 15th Business Day following the Determination Date for the relevant Lot, subject to Section 2.2(c). Notwithstanding the foregoing, to the extent that the Seller grants or has granted a permitted Stream Equivalent Transaction required to be settled in physical cobalt to any Person other than the Purchaser, the Seller shall use its available Finished Cobalt inventory (and any other Finished Cobalt that it is able to acquire) to satisfy its delivery obligations to the Purchaser and to such other Person(s) proportionately to their respective cobalt stream percentages or similar interests in cobalt.
(b) The Seller shall ensure that the Vale Affiliates maintain, at all times, an inventory of at least [REDACTED: Commercially Sensitive] tonnes of Finished Cobalt ([REDACTED: Commercially Sensitive]) in one or more W...
Delivery Obligations. Unless otherwise instructed by the Trustee on behalf of the Trust or the relevant person, the Custodian shall make any transportation and insurance arrangements in respect of delivery of Bullion in accordance with its usual practice. Where instructions are given, the Custodian shall use all reasonable efforts to comply with the same. The Custodian shall not be obliged to effect any requested delivery if, in its reasonable opinion, this would cause the Custodian or its agents to be in breach of the Rules or other applicable law, court order or regulation, the costs incurred would be excessive or delivery is impracticable for any reason. All insurance and transportation costs shall be for the account of the Trust.
Delivery Obligations. 9.1 The Grant Recipient must in relation to each Named Project:
9.1.1 carry out the acquisition of the Site, procure and diligently pursue the completion of the Works so that:
(a) the Named Project is (subject to Condition 7.1) constructed, delivered and/or Rehabilitated (as applicable) in accordance with the Named Project Delivery Timetable;
(b) when delivered, the Named Project fully complies with the Named Project Details; and
(c) any applicable requirements of Procurement Law and of the Consents are satisfied.
9.1.2 actively market the SO Dwellings and LLR Dwellings with a view to ensuring (as far as practicable) the disposal or letting of such dwellings to individuals as AHP Housing at Practical Completion (or as soon as reasonably possible thereafter);
9.1.3 advertise all SO Dwellings and LLR Dwellings through the portal at xxx.xxxxxxxxxx.xxx/xxxxxxxxxx or such other website address notified by the GLA to the Grant Recipients from time to time; and
9.1.4 promptly notify the GLA in writing of any failure or likely failure to comply with Condition 9.1.1(a).
Delivery Obligations. Unless otherwise instructed by the Trust on behalf of a Fund or the relevant person, the Custodian shall make any transportation and insurance arrangements in respect of delivery of Physical Gold in accordance with its usual practice. Where instructions are given, the Custodian shall use all reasonable efforts to comply with the same. The Custodian shall not be obliged to effect any requested delivery if, in its commercially reasonable opinion, this would cause the Custodian or its agents to be in breach of the Rules or other applicable law, court order or regulation, the costs incurred would be excessive or delivery is impracticable for any reason. All insurance and transportation costs shall be for the account of the applicable Fund.
Delivery Obligations. Unless otherwise instructed, we shall make transportation and insurance arrangements in accordance with our usual practice. Where instructions are given, we shall use all reasonable efforts to comply with the same. We shall not be obliged to effect any requested delivery if, in our reasonable opinion, this would cause us or our agents to be in breach of the Rules or other applicable law, court order or regulation; the costs incurred would be excessive or delivery is impracticable for any reason. All insurance and transportation costs shall be for your account.
Delivery Obligations. 10.1 The Grant Recipient must in relation to each Named Project:
10.1.1 carry out the acquisition of the Site, procure and diligently pursue the completion of the Works so that:
(a) the Named Project is (subject to Condition 8.1) constructed, delivered and/or Rehabilitated (as applicable) in accordance with the Named Project Delivery Timetable;
(b) when delivered, the Named Project fully complies with the Named Project Details; and
(c) any applicable requirements of Procurement Law and of the Consents are satisfied.
10.1.2 actively market the SO Dwellings and LLR Dwellings with a view to ensuring (as far as practicable) the disposal or letting of such dwellings to individuals as AHP Housing at Practical Completion (or as soon as reasonably possible thereafter);
10.1.3 advertise all SO Dwellings and LLR Dwellings through the portal at xxx.xxxxxxxxxx.xxx/xxxxxxxxxx or such other website address notified by the GLA to the Grant Recipients from time to time; and
10.1.4 promptly notify the GLA in writing of any failure or likely failure to comply with Condition 10.1.1(a).
10.2 Where a Named Project is an Estate Regeneration Project the Grant Recipient must:
10.2.1 comply with the obligations set out in Section 8 of the Affordable Housing Capital Funding Guide; and
10.2.2 provide GLA with either:
(a) the Compliance Checklist, where the Resident Ballot Requirement applies; or
(b) in any other circumstances, the Exemption Certificate before the First Tranche Grant is claimed pursuant to Condition 14.1.
Delivery Obligations.
8.1 The Grant Recipient must in relation to each Firm Scheme:
8.1.1 carry out the acquisition of the Site (where required), procure and (where applicable) diligently pursue the completion of the Works so that:
(a) the Firm Scheme is (subject to Clause 6.1 (Time extensions)) Delivered in accordance with the Firm Scheme Delivery Timetable;
(b) when Delivered, the Firm Scheme fully complies with the Firm Scheme Details and meets the Submitted Standards and the Strategic Objectives; and
(c) any applicable requirements of Procurement Law and of the Consents are satisfied;
8.1.2 actively market or allocate the AHP Traveller Pitches with a view to ensuring (as far as practicable) the letting of such dwellings to individuals at an Affordable Rent following Firm Scheme Completion (or as soon as reasonably possible thereafter);
8.1.3 promptly notify Homes England in writing of any failure or likely failure to comply with Clause 8.1.1(a) (Delivery Obligations); and
8.1.4 procure that prior to any AHP Traveller Pitch comprised in such Firm Scheme being occupied, all certification is obtained where such is required in respect of the Firm Scheme (or any part thereof) under any building safety legislation arising out of the Building Safety Act.
Delivery Obligations. Unless otherwise instructed by the Trustee on behalf of the Trust or the relevant person, the Custodian shall make any transportation and insurance arrangements in respect of delivery of Platinum in accordance with its usual practice. Where instructions are given, the Custodian shall use all reasonable efforts to comply with the same. The Custodian shall not be obliged to effect any requested delivery if, in its reasonable opinion, this would cause the Custodian or its agents to be in breach of the Rules or other applicable law, court order or regulation; the costs incurred would be excessive or delivery is impracticable for any reason. All insurance and transportation costs shall be for the account of the Trust.
Delivery Obligations. (a) During the Delivery Period, the Payable Gold shall be sold and delivered to the Purchaser on each Monthly Delivery Date in the Scheduled Monthly Quantities in accordance with the terms of this Agreement.
(b) The Seller shall deliver to the Purchaser all Payable Gold to be delivered under this Agreement by way of credit or allocation to the metal account or accounts designated by the Purchaser from time to time, or physical delivery to such other location specified by the Purchaser from time to time on 15 Business Days’ prior written notice or as otherwise consented to by the Seller, such consent not to be unreasonably withheld. Delivery of the Payable Gold to the Purchaser shall be deemed to have been made at the time on the date the Payable Gold is credited or allocated or physically delivered, as applicable, to the designated metal account of the Purchaser (the “Time of Delivery”). Title to, and risk of loss of, the Payable Gold shall pass from the Seller to the Purchaser at the Time of Delivery. The Seller acknowledges that the Purchaser intends to engage a selling agent that will take delivery of the Payable Gold on behalf of the Purchaser for purposes of monetizing the Payable Gold. All costs and expenses pertaining to each delivery of the Payable Gold to the Purchaser, including such selling arrangements, shall be borne by the Seller so long as the Purchaser’s accounts are in customary locations in United Kingdom, Switzerland or South Africa.
(c) The Seller hereby represents and warrants to the Purchaser that, at each Time of Delivery (i) the Seller will be the legal and beneficial owner of the Payable Gold credited or physically allocated to the designated metal account of the Purchaser, (ii) the Seller will have good, valid and marketable title to such Payable Gold, and (iii) such Payable Gold will be free and clear of all Encumbrances.
(d) The Seller shall not sell or deliver to the Purchaser, (for purposes of this Agreement and at any time during the term of this Agreement) any Refined Gold that has been directly or indirectly purchased on a commodity exchange, a commodity futures exchange or from another similar source. The Seller shall have the option to fulfill a gold delivery obligation hereunder by obtaining gold from other sources from time to time including from mining operations of Affiliates or physical gold purchases from a refiner for delivery to the Purchaser, at its sole discretion. The Parties acknowledge that the Seller shall n...
Delivery Obligations. The Grant Recipient must in relation to each Named Project:
(a) the Named Project is (subject to Condition 8.1) constructed, delivered and/or Rehabilitated (as applicable) in accordance with the Named Project Delivery Timetable;
(b) when delivered, the Named Project fully complies with the Named Project Details; and
(c) any applicable requirements of Procurement Law and of the Consents are satisfied; actively market or allocate the SO Dwellings and LLR Dwellings with a view to ensuring (as far as practicable) the disposal or letting of such dwellings to individuals as AHP Housing at Practical Completion (or as soon as reasonably possible thereafter); advertise all SO Dwellings and LLR Dwellings through the portal at xxxxx://xxx.xxxxxx.xxx.xx/what-we-do/housing-andland/homes- londoners/search/ or such other website address notified by the GLA to the Grant Recipients from time to time; promptly notify the GLA in writing of any failure or likely failure to comply with Condition 10.1; and comply with the obligations set out in Section 8 of the Affordable Housing Capital Funding Guide; and provide GLA with either:
(a) the Compliance Checklist, where the Resident Ballot Requirement applies; or
(b) in any other circumstances, the Exemption Certificate before the Start on Site Tranche Grant is claimed pursuant to Condition 14.1. The Grant Recipient must deliver the Named Projects in compliance with the Certified Standards. where notified by GLA in writing (including through electronic means), provide GLA with a copy of the DQHAP within such timeframe as is specified in the notice; implement the DQHAP and provide evidence (satisfactory to GLA, acting reasonably) of such implementation within 12 months from the date of acceptance of the DQHAP by GLA or within such other timeframe that GLA agrees in its absolute discretion;
