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Delivery of Produce Sample Clauses

Delivery of Produce. 6.1. For the purposes of this Agreement, delivery of Produce occurs when the Produce arrives at the Place of Delivery. 6.2. The Grower will bear the costs of delivery of the Produce to the Merchant, unless agreed otherwise by the parties in writing. 6.3. The Grower will include with each delivery, documentation listing the quantity and type of all Produce in the delivery. 6.4. The Merchant will provide secure and suitable off-loading facilities at the Place of Delivery so as to facilitate the safe and timely off-loading of the Produce. The Merchant will be responsible for the off-loading of the Produce. 6.5. The Merchant will be responsible for giving, or taking reasonable steps to ensure that the Grower is given, a document evidencing receipt of delivered Produce. 6.6. The Merchant will accept as proof of delivery of Produce by the Grower, any document that acknowledges, reflects or evidences delivery: (a) where delivery is to an address that is the usual place of business of the Merchant or the Place of Delivery, given to the Grower by it, its officers, employees or agents; or (b) where delivery is to an address that is not the usual place of business of the Merchant or the Place of Delivery, given to the Grower by any person who accepts delivery at that address and has the actual or ostensible authority of the Merchant or is a person who is apparently an adult and appears to be engaged in the service of the business at that address.
Sample 1Sample 2Sample 3
Delivery of Produce. Days for delivery:  Mon  Tue  Wed  Thu  Fri  Sat  Sun  ALL Hours for delivery: after and before on the agreed days.
Sample 1
Delivery of Produce. 7.1. For the purposes of this Agreement, delivery of Produce occurs when the Produce arrives at the Place of Delivery. [Delivery is not defined
Sample 1
Delivery of Produce. For the purposes of this Agreement, delivery of Produce occurs when the Produce arrives at the Place of Delivery. [Delivery is not defined under the Code. It is important that this Agreement reflects the commercial arrangement between the parties. Please carefully consider this clause and amend as appropriate.] The Grower will bear the costs of delivery of the Produce to the Merchant, unless agreed otherwise by the parties in writing. The Grower will include with each delivery, documentation listing the quantity and type of all Produce in the delivery. [Insert any other requirements] The Merchant will provide secure and suitable off-loading facilities at the Place of Delivery so as to facilitate the safe and timely off-loading of the Produce. The [Merchant / Grower] will be responsible for the off-loading of the Produce. [Consider who will off-load the Produce at the Place of Delivery. If there is no industry standard then insert the party that will off-load the Produce.] The Merchant will be responsible for giving, or taking reasonable steps to ensure that the Grower is given, a document evidencing receipt of delivered Produce. The Merchant will accept as proof of delivery of Produce by the Grower, any document that acknowledges, reflects or evidences delivery: where delivery is to an address that is the usual place of business of the Merchant or the Place of Delivery, given to the Grower by it, its officers, employees or agents; or where delivery is to an address that is not the usual place of business of the Merchant or the Place of Delivery, given to the Grower by any person who accepts delivery at that address and has the actual or ostensible authority of the Merchant or is a person who is apparently an adult and appears to be engaged in the service of the business at that address. Type of Produce The Grower will deliver the types of Produce to the Merchant in accordance with the terms of this Agreement or as otherwise agreed between the parties in writing. Specification of Produce Produce delivered by the Grower must meet the specification requirements provided in this Agreement. Quantity requirements Produce delivered by the Grower must meet the Quantity in accordance with the terms of this Agreement or as ordered by the Merchant and confirmed in writing by the Grower from time to time. Rejection of Produce The Merchant will accept and be deemed to have accepted delivery of all Produce delivered to the Merchant unless the Merchant rejects the Produc...
Sample 1
Delivery of Produce. For the purposes of this Agreement, delivery of Produce occurs when the Produce arrives at the Place of Delivery. [Delivery is not defined under the Code. It is important that this Agreement reflects the commercial arrangement between the parties. Please carefully consider this clause and amend as appropriate.] The Grower will bear the costs of delivery of the Produce to the Agent, unless agreed otherwise by the parties in writing. The Grower will include, with each delivery, documentation listing the Quantity and type of all Produce in the delivery. The Agent will provide secure and suitable off-loading facilities at the Place of Delivery so as to facilitate the safe and timely off-loading of the Produce. The [Agent / Grower] will be responsible for the off-loading of the Produce. [Consider who will off-load the Produce at the Place of Delivery. If there is no industry standard then insert the party that will off-load the Produce.] The Agent will be responsible for giving, or taking reasonable steps to ensure that the Grower is given, a document evidencing receipt of delivered Produce.
Sample 1
Delivery of Produce. 6.1. For the purposes of this Agreement, delivery of Produce occurs when the Produce arrives at the Place of Delivery. [Delivery is not defined under the Code. It is important that this Agreement reflects the commercial arrangement between the parties. Please carefully consider this clause and amend as appropriate.] 6.2. The Grower will bear the costs of delivery of the Produce to the Merchant, unless agreed otherwise by the parties in writing. Insert any other 6.3. The Grower will include with each delivery, documentation listing the quantity and type of all Produce in the delivery. [ requirements] 6.4. The Merchant will provide secure and suitable off-loading facilities at the Place of Delivery so as to facilitate the safe and timely off-loading of the Produce. The [Merchant / Grower] will be responsible for the off-loading of the Produce. [Consider who will off- load the Produce at the Place of Delivery. If there is no industry standard then insert the party that will off-load the Produce.] 6.5. The Merchant will be responsible for giving, or taking reasonable steps to ensure that the Grower is given, a document evidencing receipt of delivered Produce. 6.6. The Merchant will accept as proof of delivery of Produce by the Grower, any document that acknowledges, reflects or evidences delivery: (a) where delivery is to an address that is the usual place of business of the Merchant or the Place of Delivery, given to the Grower by it, its officers, employees or agents; or (b) where delivery is to an address that is not the usual place of business of the Merchant or the Place of Delivery, given to the Grower by any person who accepts delivery at that address and has the actual or ostensible authority of the Merchant or is a person who is apparently an adult and appears to be engaged in the service of the business at that address.
Sample 1
Delivery of Produce. Unless otherwise agreed, the Grower is responsible for organising the delivery of the horticulture produce. The Grower agrees to provide documentation to the Trader that accurately describes the quantity, variety, size, class, description and characteristics of the produce, including packaging, prior to delivery or immediately upon delivery of the produce. Any documentation provided by the Grower must state the Horticulture Produce Agreement Number under which the produce is delivered. Delivery of the horticulture produce occurs when the produce arrives at the delivery address: Days for delivery:  Mon  Tue  Wed  Thu  Fri  Sat  Sun  ALL Hours for delivery: after and before on the agreed days.
Sample 1
Delivery of Produce. Produce will be delivered to the Allegany County Jail, 4884 NY-19, Belmont, NY 14813 • Delivery schedule: Monday - Thursday. • Vendors must give 48 hours’ notice of delivery to the Allegany County Jail. Please state the item(s) and respective weights of your delivery to allow staff to prepare for intake. This can be by emailing Xxxxx Xxxxxx (Xxxxx.Xxxxxx@xxxxxxxxxx.xxx) or by calling the Allegany County Jail Kitchen at 000-000-0000. • Vendors are not responsible for delivery from the Jail to the respective Districts. • Invoices must be provided to the Allegany County Jail staff during delivery. • Invoices must be made to the District the produce belongs to and list the product, quantity in specified units, lot or batch number, and name and address of the farm source by item OR an attached list of farm sources by item. • Produce must arrive at the Allegany County Jail in a fresh, unprocessed state. No frozen or pre-cut items will be permitted. • Produce must be harvested no more than 72 hours with refrigeration or 24 hours without refrigeration before delivery to the Allegany County Jail to ensure freshness of the product. • The Allegany County Jail has a right to refuse product if the staff deem the quality of produce undesirable or subpar. Undesirable features include but are not limited to mold, xxxxxxxx spots, slime, and shriveled skin. • No more than 400 pounds total per delivery of all produce (except green beans) from each vendor will be allowed per day. No more than 200 pounds of green beans will be allowed per day due to longer processing time required. Exceptions may be made in specific cases with advanced notice. • Site visits may be scheduled by the Cornell Cooperative Extension Farm to Institution Coordinator or Cafeteria Manager. Scheduling will be made after bids are collected and purchases are finalized. • Vendors must adhere to current food safety standards and work to develop a food safety plan for all crops they supply to the Districts through this partnership. • Vendors must be able to show proof of liability insurance.
Sample 1

Related to Delivery of Produce

  • Delivery of Product 11.1 Subject to Clause 25 (Capacity Constraints), GSK (or the Nominated Supplier) shall Deliver the Products on the date specified in the relevant Firm Order, provided that: (A) the quantity of Product Delivered by GSK may vary by [***] from the quantity specified in the relevant Firm Order; and (B) the date of Delivery may vary by [***] from the date specified in the relevant Firm Order, and such variance shall not constitute a breach of this Agreement by GSK or entitle the Purchaser to reject such Delivery. Delivery of Commercial API and Commercial Products shall take place following release by GSK of such Products in accordance with (and the extent required by) the Quality Agreement, provided that, for clarity, the Purchaser shall only be required to pay for the quantity of Product that is actually Delivered. 11.2 In respect of Commercial API, the Parties may agree that some or all of the quantities of such Commercial API Delivered pursuant to Clause 11.1 shall remain in the possession of GSK or its Affiliate on [***]. The Purchaser shall pay GSK a storage fee to cover any GSK costs and expenses incurred in connection with holding and storing such [***] stock (“Storage Fee”). The Storage Fee is set forth in Schedule 4 (Fees). For the avoidance of doubt, no Storage Fee is payable in respect of quantities of Commercial API required for the Manufacture of the Commercial Product shown in the Firm Zone and that are held by GSK at designated Manufacturing Site in respect of Commercial Product for the purposes of such Manufacture. CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED BECAUSE DERMAVANT SCIENCES LTD. HAS DETERMINED THE INFORMATION (I) IS NOT MATERIAL AND (II) WOULD LIKELY CAUSE COMPETITIVE HARM TO DERMAVANT SCIENCES LTD. IF PUBLICLY DISCLOSED. 11.3 Subject to paragraph 2 of Schedule 3 (Toll Manufacturing Provisions), the risk in and title to the Commercial Products shall remain with GSK (or its Affiliate) until Delivered, at which point it shall pass to the Purchaser. Title to Commercial API shall pass to the Purchaser when such Commercial API is purchased by Purchaser, but risk in such Commercial API shall remain with GSK in accordance with Clause 8.5 for so long as such Commercial API is in GSK’s possession as Purchaser Materials. 11.4 Other than in respect of Commercial API that the Parties agree shall be retained by GSK on Consignment, the Purchaser shall collect the Products Delivered from the Manufacturing Site on the date of Delivery, or such date as GSK, the Nominated Supplier or the Nominated Manufacturer may notify to the Purchaser (provided that, and if the Delivery date notified to the Purchaser is earlier or later than the Delivery window contemplated by Clause 11.1, the Delivery date must be agreed with the Purchaser). Notwithstanding the foregoing, and without limiting Clause 20.2, Purchaser may, [***], elect to obtain Delivery at any point within [***] of the notified date of Delivery by providing notice to GSK of such revised Delivery date. 11.5 Commercial API that the Parties agree shall be retained by GSK [***] at the Manufacturing Site in respect of Commercial API shall be collected by the Purchaser from such Manufacturing Site on such date as may be agreed between the Parties. 11.6 For the avoidance of doubt, irrespective of whether or not any quantity of Commercial API is retained by GSK [***] for a period of time after Delivery, the Purchaser shall be responsible for the delivery of Toll Materials to the designated Manufacturing Site in respect of Commercial Product.

  • Delivery of Products 4.1 The Supplier shall ensure that:‌ (a) Products are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) each delivery of Products is accompanied by a delivery note which shows the date of the Order, the Order number (if any), the type and quantity of Products (including the code number of the Products, where applicable), special storage instructions (if any) and, if the Products are being delivered in instalments, the outstanding balance of Products remaining to be delivered; and‌ (c) it states clearly on the delivery note any requirement for Ornua to return any packaging material for the Products to the Supplier. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. 4.2 The Supplier shall deliver the Products:‌ (a) to the location set out in the Order or such other location as the parties may agree which may include delivery to a carrier (Delivery Location); and (b) on the date specified in the Order or, if no such date is specified, on a date agreed with Ornua in advance (Delivery Date). Delivery shall be on a Business Day during normal business hours, unless agreed otherwise with Ornua or otherwise instructed by Ornua.‌ 4.3 Delivery of Products shall be completed when the Supplier unloads and stacks the Products at the Delivery Location, unless different delivery terms (or Incoterms®) are specified in the Order. 4.4 Ornua operates a “Just-in-Time” delivery system. Time shall be of the essence in relation to the Delivery Date and any agreed delivery time. If the Products are not delivered on time by the Supplier, clause 6.1 shall apply.‌ 4.5 If the Supplier delivers more that the quantity of Products ordered, Ornua shall not be bound to pay for the excess and any excess shall be and shall remain at the Supplier’s risk and shall be returnable at the Supplier’s expense. 4.6 The Supplier shall not deliver Products in instalments without Ornua's prior written consent. Where it is agreed that Products are to be delivered in instalments, they may be invoiced and paid for separately. Failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle Ornua to the remedies set out in clause 6.1. 4.7 Title and risk in the Products shall pass to Ornua on completion of delivery.

  • Delivery of Property The Custodian shall not be responsible for any securities or other assets of a Portfolio which are not received by the Custodian or which are delivered out in accordance with Proper Instructions. The Custodian shall not be responsible for the title, validity or genuineness of any securities or other assets or evidence of title thereto received by it or delivered by it pursuant to this Agreement.

  • Delivery of Materials In the event of any expiration or termination of this Agreement, Contractor shall promptly provide the JBE with all originals and copies of the Deliverables, including any partially-completed Deliverables-related work product or materials, and any JBE-provided materials in its possession, custody, or control. In the event of any termination of this Agreement, the JBE shall not be liable to Contractor for compensation or damages incurred as a result of such termination; provided that if the JBE’s termination is not for cause, the JBE shall pay any fees due under this Agreement for Services performed or Deliverables completed and accepted as of the date of the JBE’s termination Notice.

  • Delivery of Invoices Such Grantor will deliver to the Administrative Agent immediately upon its request after the occurrence and during the continuation of an Event of Default duplicate invoices with respect to each Account owned by it bearing such language of assignment as the Administrative Agent shall specify.

  • Delivery of Items The Borrower will (a) promptly (but in no event later than one Business Day) after its receipt thereof, deliver to the Lender any documents or certificates of title issued with respect to any property included in the Collateral, and any promissory notes, letters of credit or instruments related to or otherwise in connection with any property included in the Collateral, which in any such case come into the possession of the Borrower, or shall cause the issuer thereof to deliver any of the same directly to the Lender, in each case with any necessary endorsements in favor of the Lender and (b) deliver to the Lender as soon as available copies of any and all press releases and other similar communications issued by the Borrower.

  • DELIVERY OF CALCULATIONS On or before November 1 of each year for which this Agreement is effective, the Third Party appointed pursuant to Section 4.3 of this Agreement shall forward to the Parties a certification containing the calculations required under this Article IV, Article V, Article VI, of this Agreement in sufficient detail to allow the Parties to understand the manner in which the calculations were made. The Third Party shall simultaneously submit his, her, or its invoice for fees for services rendered to the Parties, if any fees are being claimed, which fee shall be the sole responsibility of the District, but subject to the provisions of Section 4.8, below. Upon reasonable prior notice, the employees and agents of the Applicant shall have access, at all reasonable times, to the Third Party’s calculations, records, and correspondence pertaining to the calculation and fee for the purpose of verification. The Third Party shall maintain supporting data consistent with generally accepted accounting practices, and the employees and agents of the Applicant shall have the right to reproduce and retain for purpose of audit, any of these documents. The Third Party shall preserve all documents pertaining to the calculation until four (4) years after the Final Termination Date of this Agreement. The Applicant shall not be liable for any of the Third Party’s costs resulting from an audit of the Third Party’s books, records, correspondence, or work papers pertaining to the calculations contemplated by this Agreement.

  • Delivery of Goods 2.1 All Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to the contrary in any Order. Any dates quoted for delivery are approximate only and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier shall not be liable for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

  • DELIVERY OUT The Custodian shall release and deliver out domestic securities and other financial assets of a Portfolio held in a U.S. Securities System, or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, specifying the domestic securities or financial assets held in the United States to be delivered out and the person or persons to whom delivery is to be made. The Custodian shall pay out cash of a Portfolio upon receipt of Proper Instructions on behalf of the applicable Portfolio, specifying the amount of the payment and the person or persons to whom the payment is to be made.

  • Delivery of Software 1. SAP will deliver the Software as described in the Documentation and the Price List and will also provide the appropriate license key for the relevant End User. With regard to the features, quality and functionality of the Software the product description in the Documentation and the Price List is solely decisive. SAP does not own any additional features, quality or functionality. Distributor can, in particular, not assert any additional feature, quality or functionality from any public statements, publications or advertisements by SAP except to the extend SAP has expressly confirmed such additional feature, quality or functionality in writing. Any representation, warranty, undertaking or guarantee regarding additional features, quality or functionality is effective only if expressly confirmed by SAP’s management in writing. 2. After acceptance of an order, SAP will deliver to Distributor one copy of the relevant Software: a) on discs or other data media (“Physical Shipment”); or b) by making it available for downloading through the internet (usually on the SAP ServiceMarket Place (xxxx://xxxxxxx.xxx.xxx/swdc)) (“Electronic Delivery”). 3. The relevant Software and Documentation will be deemed delivered (including but not limited for the purpose of fixed delivery dates or timely delivery) and the risk passes to Distributor: a) in case of Physical Shipment, when the relevant disc or other data media thereof is handed over to the freight carrier (FCA - Free Carrier (named place of delivery), Incoterms 2010); or b) in case of Electronic Delivery, when SAP has made an electronic copy thereof available for downloading and has informed Distributor accordingly, (“Delivery”). 4. Upon Distributor’s request or if stipulate in the order, SAP may agree to provide Software and/or the appropriate license key directly to the relevant Open Ecosystem Partner instead (“Open Ecosystem Partner Delivery”). In case of Open Ecosystem Partner Delivery, the provisions set out in this Article 5 (Delivery of Software) will apply analogously; delivery to Distributor will be deemed to occur upon Delivery to the Open Ecosystem Partner. 5. Upon Distributor’s request or if stipulate in the order, SAP may agree to provide Software and/or the appropriate license key directly to the relevant End User instead (“End User Delivery”). In case of End User Delivery, the provisions set out in this Article 5 (Delivery of Software) will apply analogously; delivery to Distributor will be deemed to occur upon Delivery to the End User. 6. SAP might be entitled to suspend the delivery of the Software, Maintenance Services, applicable license key or both to Distributor, Open Ecosystem Partner or End User or both as further set out in this Sell On Premise Distribution Model as well as the Distribution GTCS. 7. If Distributor receives a new copy of the Software, Documentation and/or other SAP Materials that replaces previously provided Software, Documentation and/or other SAP Materials, Distributor must distribute that newest copy provided and either destroy or upon SAP’s request return previous copies. 8. Distributor must not make the Software, Documentation and/or other SAP Materials available to the Open Ecosystem Partner or End User by any means other than by delivering the Software, Documentation and/or other SAP Materials as originally provided by SAP. Distributor’s right to pass on the Software, Documentation and/or other SAP Materials is subject to the provisions of this Agreement.

Most Referenced Clauses

Most Referenced Definitions