DELIVERY OF THE VESSEL Sample Clauses

DELIVERY OF THE VESSEL. A. The Vessel will be delivered by Owner hereunder to Charterer as is and where is at the Port of Palm Beach, Florida as of the date hereof ("Delivery"). B. Representatives of Owner and Charterer shall jointly execute a Certificate of Delivery and Acceptance, in the form attached hereto and marked as Appendix B, acknowledging the delivery and receipt of the Vessel. C. At the time of Delivery the Vessel shall be fully classed by Det Norske Veritas, free of all outstanding recommendations, and shall have all her certificates, including those, if any, issued by the United States Coast Guard, current and not extended. If any of the Vessel's classification or Coast Guard certificates require renewal at the time of Delivery, such renewals shall be paid for by Charterer. Charterer shall keep the Vessel's documentation and classification certificates in full force and effect during the term of this Charter or any extensions thereof, providing copies of such certificates to Owner when issued, and shall renew all such certificates at the time of any Redelivery under Article 13 whether or not due for renewal, unless otherwise agreed to by the parties. Further, subject to the prior written approval of Owner, such approval not to be unreasonably withheld, Charterer may change the Vessel's classification society. D. Concurrently with the Delivery of the Vessel hereunder, Owner shall assign to Charterer all of its rights, title and interest in and to any warranties and guaranties which Owner may have, provided that the same, if still in effect, shall be reassigned to Owner upon Redelivery of the Vessel. If any such warranty or guaranty is not fully assignable to Charterer, Owner shall cooperate with Charterer to enforce its rights thereunder.

DELIVERY OF THE VESSEL. DELIVERY 14.1. The Vessel shall be delivered by the Builder to the Purchaser at the Shipyard (or other place as may be agreed with unrestricted access to the open sea) on 9th March 2000 except that, in the event of Permissible Delay as defined in Clause 15.2 hereof, the aforementioned date shall be postponed accordingly. The aforementioned date, or such later date to which requirement to deliver may be postponed, is herein called the "Contractual Delivery Date." 14.2. Delivery shall take place on a Working/Banking Day to be nominated by the Builder following Technical Acceptance of the Vessel by the Purchaser and with not less than thirty (30) Working Days' advance notice to the Purchaser. Delivery shall be effected by the execution by the Parties of a Protocol of Delivery and Acceptance in the form set out in Appendix III, acknowledging delivery by the Builder and acceptance thereof by the Purchaser. The Builder shall give the Purchaser at least ninety (90) days' (plus or minus seven (7) days) calendar notice of the estimated date of Delivery. The Builder guarantees that at the time of Delivery title to the Vessel and every part thereof shall pass to the Purchaser free and clear of any and all liens, claims, mortgages or other encumbrances upon it and in particular, but without limitation, that she shall be free of all burdens in the nature of imposts, taxes or charges imposed by any liabilities arising from the construction of the Vessel or from its operation on Trials or otherwise. DOCUMENTS TO BE PROVIDED TO THE PURCHASER 14.3. The Builder shall provide to tile Purchaser the following documents prior to Delivery failing which the Purchaser may refuse to accept Delivery a. Records of inventory of the Vessel's equipment including spare gear and the like as detailed in the Specifications; b. Records of any and all fuels, lubricants, consumable stores and fresh water supplied pursuant to this Contract by either the Builder or the Purchaser together with such quantities of the same as remain on board at Delivery; c. All certificates (including Class and other regulatory certificates) required to be furnished prior to or upon Delivery of the Vessel pursuant to the Specifications; such certificates are to be clean and free of all qualifications, reservations and recommendations whatsoever. d. Declaration of Warranty of the Builder in accordance with Clause 14.3 above; e. The following technical documentation:- e.1. Four

DELIVERY OF THE VESSEL. The Government will, without cost or expense to the Buyer, but at the risk of the Buyer, render the Obsolete Vessel free of moorings at the Shipyard, and make such Obsolete Vessel available for towing at such location for delivery to the Buyer pursuant to this Contract. The Obsolete Vessel will be available for delivery to the Buyer on the date of undocking at the Shipyard, however, that the Government shall not be liable for delay in making any Obsolete Vessel available for delivery due to conditions beyond its control or conditions which by the exercise of reasonable diligence it was unable to prevent. The Government shall not be obligated to deliver any Obsolete Vessel on Saturdays, Sundays, or federal holidays.

DELIVERY OF THE VESSEL. Clause (a) in the Article V “DELIVERY” of the Shipbuilding Contract shall be replaced in its entirety with the following: (a) The Vessel shall be delivered to the Buyer (hereinafter called the “Delivery”) fully complete, supplied (including lubricating oil and fresh water in the system but excluding ship’s stores such as food, utensils, miscellaneous consumables, etc.) and ready for immediate operation, after having passed the tests and met the standards set forth in the Specifications and Articles III, IV, and XVII hereof on or before ***** 2013 (hereinafter called the “Delivery Date”). The Buyer may delay Delivery beyond the Delivery Date by giving written notice of the revised date (hereinafter called “Revised Delivery Date”) for Delivery not later than two (2) months before keel laying of the vessel. Buyer may give up to only one (1) notice for a delay of forty-five (45) days. Notwithstanding the foregoing, in the event defects that could affect the Vessel’s seaworthiness or impair the operation of Vessel are discovered after the Vessel has passed the tests and met standards set forth in the Specifications and prior to Delivery of the Vessel, Buyer shall have the right to require the Builder to make the necessary correction(s) at the Builder’s expense prior to Delivery.

DELIVERY OF THE VESSEL. 5.1 The Owner shall notify the Contractor in writing at least 60 Days, 30 Days and 15 Days in advance of the arrival of the Vessel at the Yard. 5.2 The Owner shall deliver the Vessel to the Contractor: (a) at the Yard and quayside (or in the vicinity thereof) notified in writing by the Contractor to the Owner at least 7 Days before the date and arrival of the Vessel, which shall be no earlier than 1 month after the effective date of the Owner’s Notice to Proceed (pursuant to Article 4.4) but no later than 5 months after the effective date of the Owner’s Notice to Proceed (pursuant to Article 4.4); and (b) with its tanks emptied, cleaned and gas-freed, as necessary in order for the Vessel to enter the Yard. 5.3 Upon Delivery of the Vessel by the Owner to the Contractor, the Owner shall execute a declaration that the Vessel is free and clear of all mortgages, liens, charges, encumbrances and other claims whatsoever (other than those in favour of the Contractor), and shall undertake, at its cost and expense, to maintain such status of the Vessel until Vessel Leaving The Yard. 5.4 Upon Delivery, the Parties shall execute the Delivery Certificate to evidence the delivery of the Vessel and the date thereof, whereupon Delivery shall have been accomplished. 5.5 Not later than Delivery, the Owner shall, at its own cost and expense, forthwith engage the Classification Society to determine and certify whether any repair and life extension works, additional to those set out in Appendix II will be required in respect of the Vessel. If additional work or repairs are required in respect of the Vessel, such additional work or repairs may if the Owner so requires be incorporated as part of the Works by a Variation Order in accordance with Article 13. 5.6 From Delivery to the time of Vessel Leaving The Yard in accordance with Article 20 the Vessel shall be in the possession of and at the risk of the Contractor, but title to the Vessel shall remain with the Owner. 5.7 For the avoidance of doubt, the Owner shall be responsible for all port dues incurred by the Vessel.

DELIVERY OF THE VESSEL. The Government will, without cost or expense to the Buyer, but at the risk of the Buyer, render the Obsolete Vessel free of moorings at its location, and make such Obsolete Vessel available at such location for delivery to the Buyer pursuant to this Contract. The Obsolete Vessel will be available for delivery to the Buyer on the date requested by the Buyer in writing, which written request shall be received by the Contracting Officer not less than five (5) days in advance of each requested date; provided, however, that the Government shall not be liable for delay in making any Obsolete Vessel(s) available for delivery due to conditions beyond its control or conditions which by the exercise of reasonable diligence it was unable to prevent. The Government shall not be obligated to deliver any Obsolete Vessel on Saturdays, Sundays, or federal holidays.

DELIVERY OF THE VESSEL. 6.1 The Owner shall notify the Contractor in writing at least sixty (60) Days, thirty (30) Days and fifteen (15) Days in advance of the arrival of the Vessel at the Yard. 6.2 The Owner shall deliver the Vessel to the Contractor no later than one (1) month after the Commencement Date with its tanks emptied, cleaned and gas-freed, as necessary in order for the Vessel to enter the Yard.

DELIVERY OF THE VESSEL. 1.1 Subject to paragraph 1.2 below, it is hereby agreed that the BUILDER will tender the Vessel for delivery to the BUYER; and the BUYER will accept delivery of the Vessel, on 9 October 2017. This agreement relates to the timing of actual delivery of the Vessel to the BUYER and does not amend the contractual Delivery Date. 1.2 If and to the extent that there are any outstanding items or non-conformities in the Vessel at the time of actual delivery of the Vessel to the BUYER, the Parties’ rights and obligations in relation thereto shall be governed by the Outstanding Works Agreement concluded by the Parties of even date herewith. 1.3 Save to the extent waived by the BUYER in writing, the agreement recorded in paragraphs 1.1 and 1.2 above is subject to the following conditions: (a) the physical condition of the Vessel not deteriorating in any material respect between the date of this Amendment Agreement and actual delivery of the Vessel; (b) the BUILDER using reasonable commercial efforts to complete outstanding items or non-conformities in the Vessel prior to actual delivery of the Vessel, prioritising any Class or safety items; and (c) the BUILDER complying with the procedural requirements for delivery set out in Article VII of the Shipbuilding Contract.

DELIVERY OF THE VESSEL. (a) Evidence that: (i) the Vessel is provisionally registered in the name of the Owner, as appropriate, as a Republic of the Xxxxxxxx Islands Vessel at the port of Majuro; (ii) the Mortgage and the Junior Mortgage in respect of the Vessel has been duly recorded in the Republic of the Xxxxxxxx Islands and constitutes a first priority security interest and second priority interest, respectively, over the Vessel and that all taxes and fees payable to the Republic of the Xxxxxxxx Islands Registry of Ships in respect of the Vessel have been paid in full; (b) A certified copy* of: (i) an interim classification certificate (with an undertaking to provide to the Facility Agent a full classification certificate within two (2) months of the relevant Delivery Date) in respect of the Vessel showing the Vessel to be in class without overdue recommendation, condition or qualification or, in the event that this is not available, a faxed copy with a certified copy to follow as soon as practicable after the relevant Delivery Date; (ii) a valid Interim Safety Management Certificate (with an undertaking to provide to the Facility Agent a full Safety Management Certificate within 2 months of the relevant Delivery Date) for the Vessel; (iii) a valid interim Document of Compliance (with an undertaking to provide to the Facility Agent a full Document of Compliance within 2 months of the relevant Delivery Date); and (iv) a valid interim International Ship Security Certificate (with an undertaking to provide to the Facility Agent a full International Ship Security Certificate within 2 months of the relevant Delivery Date) for the Vessel. (c) Confirmation acceptable to the Facility Agent that the Owner and the Seller have each executed a protocol of delivery and acceptance in respect of the Vessel. (d) Other than in respect of Vessel 4 and Vessel 5, a certified copy* of any Time Charter together with confirmation acceptable to the Facility Agent that any Charterer has executed an acceptance certificate in respect of such Time Charter. (e) A copy of the valuations provided by two Approved Valuers in respect of the Vessel, in each case dated not more than thirty (30) days prior to drawdown. (f) Evidence, in form and substance satisfactory to the Arranger, that Xxxxxxxx has, in addition to the net cash proceeds received and contributed to the Borrower pursuant to Schedule 2, Part 1, paragraph 4.5, has deposited into escrow accounts and/or paid to the Seller of the Vessel being acquire...

DELIVERY OF THE VESSEL. 3.1 The Owner shall notify the Contractor in writing at least 60 Days, 30 Days and 15 Days in advance of the arrival of the Vessel at the Yard. 3.2 The Owner shall deliver the Vessel to the Contractor: (a) at the Yard and quayside (or in the vicinity thereof) notified in writing by the Contractor to the Owner at least 7 Days before the date and arrival of the Vessel, which shall be no earlier than 1 month after the Effective Date but no later than 5 months after the Effective Date; and (b) with its tanks emptied, cleaned and gas-freed, as necessary in order for the Vessel to enter the Yard. 3.3 Upon Delivery of the Vessel by the Owner to the Contractor, the Owner shall execute a declaration that the Vessel is free and clear of all mortgages, liens, charges, encumbrances and other claims whatsoever (other than those in favour of the Contractor), and shall undertake, at its cost and expense, to maintain such status of the Vessel until Vessel Leaving The Yard.