Delivery Security. Seller will deliver to Buyer and maintain in full force and effect for the period posted with Buyer, Delivery Security in the amounts determined as provided in the heading above entitled “Delivery Security” to be posted on the applicable dates set forth therein. Buyer will be entitled to draw upon the Delivery Security for any amounts due following any Event of Default by Seller. The NAESB Credit Support Addendum will be applicable to the Delivery Security, with the following special provisions: Buyer is the "Secured Party" and Seller is the "Pledging Party". the "Collateral Threshold" and "Minimum Transfer Amount" with respect to the Seller will be "zero (0)". the "Exposure" with respect to the Buyer will be the Security Amount provided above under “Delivery Security.” the term “Letter of Credit” is replaced in each instance with “Bond” if a Bond is provided. the term “Letter of Credit Default” is replaced in each instance with “Bond Default” if a Bond is provided. the term “Letter of Credit Issuer Requirements” is replaced in each instance with “Bond Issuer Requirements” if a Bond is provided. if a Bond is provided, Paragraph 7(a) is deleted and replaced with “Each “Bond” shall be issued by an entity that meets the requirements of a Bond Issuer set forth in the elections on Page 1 herein substantially in the form attached as an exhibit to Transaction Confirmation [XXX].” in Paragraph 7, each referenced to a “bank” is replaced with “surety company” if a Bond is provided. in Paragraph 7(b), the reference to “twenty (20) Business Days” is replaced with “thirty (30) days”. the Delivery Security required under this Contract will not be deemed a limitation of damages. Governmental Charges Cooperation. Each party will use reasonable efforts to implement the provisions of and to administer this Contract in accordance with the intent of the Parties to minimize all taxes, so long as no party is materially adversely affected by such efforts. Each party shall assist the other as reasonably requested in all tax matters. Governmental Charges. As between the parties, Seller will pay or cause to be paid all taxes imposed by any Governmental Authority ("Governmental Charges") on or with respect to the Facility, including ad valorem taxes and other taxes attributable to the same or any interests in the land for the Facility. If Buyer is required by Applicable Law to remit or pay Governmental Charges which are Seller’s responsibility hereunder, Buyer may (only after writte...
Delivery Security. 1.1 Xxxxxxxxxxx hereby reserves the ownership of all and any Goods delivered to the Customer until all existing claims, including conditional and subsidiary claims, which Xxxxxxxxxxx may have towards the Customer, have been satisfied. The reserved ownership shall serve as security for any and all claims, including future claims, Xxxxxxxxxxx has or may have against the Customer.
1.2 The reservation of title shall also apply to new Goods resulting from the processingof the initially delivered items, or their mixing or combining with other items, in each case at the full value of the respective new product. These processes shall be performed on Xxxxxxxxxxx’x behalf so that it shall be deemed to be the manufacturer. If Xxxxxxxxxxx’x ownership ceases as a result of the processing, combining or mixing, the Customer hereby transfers to Xxxxxxxxxxx its title and expectant rights in the new Goods delivered by Xxxxxxxxxxx, and shall store it on Xxxxxxxxxxx’x behalf free of any charge.
1.3 The Customer shall store the Parties (jointly) owned Goods as described above on Xxxxxxxxxxx’x behalf free of charge and with the due care and diligence of a reasonable person. The Customer agrees to furthermore insure the Goods against fire, theft and other usual risks. Any required maintenance thereon has to be timely performed at the Customer’s expense.
1.4 Xxxxxxxxxxx is entitled to immediately, without prior notice, claim back or repossess any and all Goods in case of any default by the Customer.
1.5 The Customer hereby irrevocably consents, in advance, to return the Goods in such instances. All costs relating to the retrieval of the Goods (in particular transport costs) shall be borne by the Customer.
1.6 Notwithstanding the above, the Customer is authorised to resell or process the delivered Goods or mix or combine it with other items before Xxxxxxxxxxx has been paid in full, 4 as part of the Customer’s ordinary business operations only and subject thereto that the Customer is not party to any imminent, pending or final insolvency proceedings. The Customer hereby irrevocably assigns to Xxxxxxxxxxx, in advance, all claims resulting from the resale, processing, mixing, combining or other legal grounds related to the delivered product (in particular from insurance contracts or unlawful acts) in the amount of the agreed final invoice total (including VAT). The same applies if a product is not resold but used by the Customer for purposes of a contract for work and service or a co...
Delivery Security. (a) Delivery is to be secure at all times - meaning that the delivery vehicle is locked while deliveries are being made, whether into a nominated area within Agency locations or premises or when the vehicle is unattended.
(b) A signature record is required for the delivery receipt of each Authorised Order.
(a) The MSP must implement tailoring and fitting services for Agency Personnel with respect to the ordering of Agency Apparel in consultation with TfNSW before the end of the Implementation Period.
(b) The fitting and tailoring services:
(i) may be decentralised or outsourced or sub-contracted to a third party Approved Subcontractor;
(ii) must be conducted by appropriately trained persons (being employed or engaged by the MSP or the relevant third party Approved Subcontractor or other persons approved by TfNSW), who will assist Agency Personnel with the selection and fitting of Agency Apparel by measuring Agency Personnel to ensure the best possible fit from standard apparel sizes and providing a tailoring service if the standard sizes do not achieve an appropriate fit or by such other method as approved in writing by TfNSW from time to time; and
(iii) may be provided at either Agency locations (including but not limited to key metropolitan and regional offices) or the Distribution Centre, at the relevant Agency's discretion.
(c) In relation to bulk issues of Agency Apparel, the relevant Agency will provide the MSP with at least 2 months' notice of the commencement of the bulk issue and at least 10 Business Days' notice of the nominated fitting date and time. On the day of the fitting and measuring, the relevant Agency Personnel will be measured accordingly and their measurements held by the MSP.
(d) In relation to bulk issues of Agency Apparel, any necessary fitting and tailoring services must be undertaken during the specified times requested by the relevant Agency.
(e) The MSP (or relevant third party Approved Subcontractor) must, with the exception of emergency and unforeseen situations (in which the MSP should have provisions to supply the relevant Agency personal protective equipment apparel within 24 hours of ordering), complete all minor alterations and repairs within 3 Business Days of receipt of an Authorised Order or fitting (whichever is the later). Major alterations must be completed within 5 Business Days of receipt of an Authorised Order or fitting (whichever is the later).
(f) The minor alterations and repairs referred to in item B11(e) i...
