Delivery of the Materials. 1.1 The Distributing Organisation shall send to the Principal Investigator of the academic institution ("Recipient Institution") any Materials as provided in the attached Schedule and in a manner consistent with the optimum stability and safe delivery of the Materials.
1.2 The Distributing Organisation shall provide the Recipient Institution with any protocols that the Distributing Organisation may have concerning the handling, storage and safety of the Materials.
1.3 The Distributing Organisation shall supply the Recipient Institution, the Materials:-
1.3.1 an individual Bacterial Strain, and, or
1.3.2 a library of bacterial vectors, each vector containing a C. elegans gene, such that the library covers a single C. elegans chromosome, and, or
1.3.3 a set of 6 libraries of bacterial vectors, each vector containing a C. elegans gene, such that the library set covers all 6 chromosomes of the C. elegans genome.
1.4 The Recipient Institution will be invoiced for the Materials supplied under clause
1.3 at prevailing market rates as and on terms published by the Distributing Organisation. All fees to be invoiced within thirty (30) days of an order.
Delivery of the Materials. 1.1 The Distributing Organisation shall send to the Principal Investigator of the academic institution (“Recipient Institution”) any Materials as provided in the attached Schedule and in a manner consistent with the optimum stability and safe delivery of the Materials.
1.2 The Distributing Organisation shall provide the Recipient Institution with any protocols that the Distributing Organisation may have concerning the handling, storage and safety of the Materials.
1.3 The Distributing Organisation shall supply on receipt of the signed MTA and the recipient institutes order, the Materials:
1.3.1 an individual Bacterial Strain. and, or
1.3.2 a library of bacterial vectors, each vector containing a C. jejuni gene, such that the library covers the C. jejuni chromosome
1.4 The Recipient Institution will be invoiced for the Materials supplied under clause 1.3 at prevailing market rates as and on terms published by the Distributing Organisation. All fees to be invoiced within thirty (30) days of an order.
Delivery of the Materials. 1.1 The Distributing Organisation shall send to the Principal Investigator of the commercial organisation ("Recipient Company") the Materials as provided in the attached Schedule and in a manner consistent with the optimum stability and safe delivery of the Materials.
1.2 The Distributing Organisation shall provide the Recipient Company with any protocols that the Distributing Organisation may have concerning the handling, storage and safety of the Materials.
1.3 The Distributing Organisation shall supply, the Recipient Company, the Materials:-
1.3.1 an individual Bacterial Strain, and/or
1.3.2 a library of bacterial vectors, each vector containing a C. elegans gene, such that the library covers a single C. elegans chromosome, and, or
1.3.3 a set of 6 libraries of bacterial vectors, each vector containing a C. elegans gene, such that the library set covers all 6 chromosomes of the C. elegans genome.
1.4 The Recipient Company will be invoiced for the Materials supplied under clause
1.3 at prevailing market rates as published by the Distributing Organisation. All fees to be payable within thirty (30) days of delivery.
1.5 The sums payable by the Recipient Company under this Clause 1.4 shall be paid free and clear of, and without deduction for and on account of tax, unless the Recipient Company is required by law to make such payment subject to the deduction or withholding of tax, in which case the sum paid by the Recipient Company shall be increased to the extent necessary to ensure that after such deduction or withholding the Distributing Organisation receives an amount equal to the sum which it would have received had no such deduction or withholding been required.
1.6 Where the Recipient Company is required by law to deduct or withhold on account of tax it shall use its best endeavours to obtain from the relevant revenue authorities authorisation to make payment of the sums without such deduction or withholding. The parties undertake to provide all reasonable assistance to each other in obtaining such authorisation and without prejudice to the generality of the foregoing will submit any forms and take any such action as may be reasonably necessary or reasonably requested by the other party for the purpose.
1.7 If the Recipient Company is required to increase the amount of any payment under the provisions of Clause 1.5 as a result of any withholding or deduction required by law and the Distributing Organisation receives any amount by way of repayment of th...
Delivery of the Materials. 1.1 The Distributing Organization shall send to the Principal Investigator any Materials as provided in a manner consistent with the optimum stability and safe delivery of the Materials.
1.2 The Distributing Organization shall provide the Recipient Institution with any protocols that the Distributing Organization may have concerning the handling, storage, and safety of the Materials.
1.3 The Distributing Organization shall supply the Recipient Institution, the Materials: -
1.3.1 an individual bacterial strain, and, or
1.3.2 a library of bacterial vectors, each vector containing a C. elegans gene, such that the library covers a single C. elegans chromosome, and, or
1.3.3 a set of 6 libraries of bacterial vectors, each vector containing a C. elegans gene, such that the library set covers all 6 chromosomes of the C. elegans genome.
1.4 The Recipient Institution will be invoiced for the Materials supplied under clause 1.3 at prevailing market rates as and on terms published by the Distributing Organization.
Delivery of the Materials. 7.1 The Supplier shall deliver the Materials to the designated address of the Client on the Delivery Date as set out in the Termsheet.
7.2 The Company shall give at least fourteen (14) days notice to the Supplier before the Delivery Date should there be any change in the Termsheet herein.
7.3 If required by the Company, the Supplier shall deliver the Materials in separate installments in accordance with the agreed delivery schedule.
7.4 The failure of the Supplier to deliver any one or more of the said installments of the Materials on the due dates shall entitle the Company to treat this Agreement as repudiated.
7.5 The Supplier shall be responsible for damages directly or indirectly caused by the delay in delivery of the Materials.
Delivery of the Materials. 7.1 It is the intention of the Contractor, and agreed by the Client, that it is the responsibility of the Client to:
(a) ensure that the Contractor has clear and free access to the Worksite at all times to deliver the Materials and/or undertake the Works. The Contractor shall not be liable for any loss or damage to the Worksite (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of the Contractor; and
(b) ensure that access is suitable to accept the weight of laden trucks, front end loaders or other earth moving equipment as may be deemed necessary by the Contractor.
7.2 The Client agrees to indemnify the Contractor against all costs incurred by the Contractor in recovering any of the Contractor’s vehicles and/or equipment in the event they become bogged or otherwise immovable.
7.3 At the Contractor’s sole discretion, the cost of delivery is included in the Price.
7.4 It is the intention of the Contractor and agreed by the Client that:
(a) the Contractor will deliver the Materials at the kerb alignment;
(b) if the discharge of the Materials is not completed within forty-five (45) minutes after arrival on the Worksite, stand down time in excess thereof shall be charged at the Contractor’s normal hourly rate; and
(c) the Client shall be responsible for:
(i) maintenance, cleaning and the repair of entry and exit points from the Worksite, over any third-party property or public roadway. The Contractor will accept no liability for any maintenance, cleaning or repair of entry and exit points from the Worksite, including any local or state/government charges or fines relating to mud or debris on the roadway; and
(ii) any parking fees, penalties, fines or infringements (whether imposed by Police, Council Traffic Officers or any Court) incurred by the Contractor as a result of the Client’s failure to receive delivery of the Materials at the kerb alignment.
7.5 The Client shall take delivery of the Materials tendered notwithstanding that the quantity so delivered shall be either greater or lesser than the quantity purchased provided that:
(a) such discrepancy in quantity shall not exceed five percent (5%); and
(b) the Price shall be adjusted pro rata to the discrepancy or to the value that has been delivered.
Delivery of the Materials. 8.1 [1E0 PROVIDER SCIENTIST] at IEO shall upon receipt of a signed copy of this agreement prepare the Materials requested for release and inform the Principal Investigator when they are ready for collection. The Principal Investigator shall arrange for collection of the Materials using a suitable carrier, having arranged the required shipping documentation and insurance at the Institute’s cost.
8.2 The Materials shall be deemed the responsibility of the Principal Investigator as soon as they have left their storage location at IEO.
Delivery of the Materials. 2.1 Newcastle shall, as soon as practicable after the Commencement Date, use reasonable endeavours to supply Institution with the Materials, each Sample of Material bearing a unique research number and any coded phenotypic data, or other data associated to the Sample of Material (“Data”). If this transfer contemplates ongoing collection of Materials, Newcastle cannot guarantee the actual amount of Materials that will be supplied to Institution.
2.2 The Institution shall be responsible for all costs incurred in the preparation, transportation and packaging of the Material and Data from Newcastle’s premises to Institution’s premises and the Institution shall pay such costs within 30 days of Newcastle issuing an invoice. Delivery of the Material to Recipient’s laboratory shall be at Recipient’s risk and expense.
2.3 The Institution shall inform Newcastle, within five (5) working days of the safe receipt of the Samples and/or Data. The Institution shall be deemed to have safely received each of the Samples and/or Data in the absence of such notification to the contrary.
Delivery of the Materials. 6.1 The Company shall, where applicable, co-ordinate with the Supplier regarding delivering the Materials to the designated address of the Client on the Delivery Date as set out in the Termsheet.
6.2 The Client shall give at least fourteen (14) days notice to the Company before the Delivery Date should there be any change regarding the delivery schedule.
6.3 The Company shall deliver or procure delivery of, the Materials, and if required by the Client, in separate installments, in accordance with the agreed delivery schedule as set out in the Termsheet.
6.4 The failure of the Client to pay the consideration to the Company in accordance with the terms in Clause 2 shall entitle the Company to treat this Agreement as repudiated.
6.5 Notwithstanding that the Supplier may have delayed to deliver the Materials (or any of them) promptly, the Client shall be bound to accept delivery and to pay the Company for the Materials in full provided that delivery shall be tendered at any time within fourteen (14) days of the Delivery Date and the Materials meet the specifications as set out in Schedule I and the Company shall in any event not be responsible for any delay in delivery of the Materials.
Delivery of the Materials. Upon execution of this Agreement, Licensor shall deliver to Licensee one (1) copy of the Program.
