Delivery Specifications. (a) The Company shall not (and shall cause the Company Designee to not) deliver to the Terminal any Off-Specification Product; provided, however, that in the event Off-Specification Product is delivered by the Company or the Company Designee to the Terminal, and the Company or the Company Designee fails to instruct the Operator to return such Off-Specification Product to the Company or the Company Designee, as applicable, the Operator shall provide the Services to the Company or the Company Designee, as applicable, and the Company will receive on its or the Company Designee’s behalf, such Off-Specification Product at its own expense; provided, further, that in the event Off-Specification Product is delivered by the Company or the Company Designee to the Terminal and the Company or the Company Designee instructs the Operator to return such Off-Specification Product to the Company or the Company Designee, as applicable, the Operator shall return such Off-Specification Product to the Company (on its or the Company Designee’s behalf) at the Company’s own expense. In the event Off-Specification Product is delivered by the Company or the Company Designee, and in the reasonable opinion of the Operator, the Services are unable to be provided as a result of the Off-Specification Product (whether due to a failure to comply with law, safety considerations or otherwise), the Operator shall notify the Company and the Company shall be responsible for taking possession of such Off-Specification Product without the Services being provided.
(b) The Company shall not (and shall cause the Company Designee to not) deliver to the Terminal any Product on any railcar if such railcar is broken, in disrepair, or otherwise cannot be unloaded consistent with Prudent Industry Practice; provided, however, that in the event Product is delivered by the Company or the Company Designee on a railcar that is broken or in disrepair but not to an extent which precludes the Operator from providing the Services, the Operator shall provide the Services and shall notify the Company, and the Company or the Company Designee, as applicable, shall make any necessary repairs to the railcar; provided, further, that the Company shall be responsible for removing any railcar from the Terminal if, in the reasonable opinion of the Operator, the Services cannot be provided due to the railcar’s status as broken or in disrepair.
Delivery Specifications. The Company shall not (and shall cause the Company Designee to not) deliver to the Terminal any Off-Specification Product; provided, however, that in the event Off-Specification Product is delivered by the Company or the Company Designee to the Terminal, and the Company or the Company Designee fails to instruct the Operator to return such Off-Specification Product to the Company or the Company Designee, as applicable, the Operator shall provide the Services to the Company or the Company Designee, as applicable, and the Company will receive on its or the Company Designee’s behalf, such Off-Specification Product at its own expense; provided, further, that in the event Off-Specification Product is delivered by the Company or the Company Designee to the Terminal and the Company or the Company Designee instructs the Operator to return such Off-Specification Product to the Company or the Company Designee, as applicable, the Operator shall return such Off-Specification Product to the Company (on its or the Company Designee’s behalf) at the Company’s own expense. In the event Off-Specification Product is delivered by the Company or the Company Designee, and in the reasonable opinion of the Operator, the Services are unable to be provided as a result of the Off-Specification Product (whether due to a failure to comply with law, safety considerations or otherwise), the Operator shall notify the Company and the Company shall be responsible for taking possession of such Off-Specification Product without the Services being provided.
Delivery Specifications. The Thermal Energy delivered by Seller at the Points of Delivery shall satisfy the conditions of temperature and pressure specified in Schedule 1 (j) attached hereto and made a part hereof.
Delivery Specifications. All materials/services must conform to the delivery specifications for the specific item, as set out in the specifications. The method of delivery must not alter product organoleptic characteristics and shall not be source of foreign material nor allergens. Any direct contact shall not be a source of biological (e.g. microbial), chemical or physical (e.g. foreign bodies) or allergen hazards. Staples or protruding metal objects of any kind shall not be used on packaging, and no protruding nails on pallets. Any proposed change in the size, quantity, style or type of delivery packaging material must be submitted to Distell Supplier Quality Management Department for approval prior to modification.
Delivery Specifications. Delivery of the Picture means the physical delivery to TAG no later than December 31, 1999 (time being of the essence) at such addresses TAG designates in writing, at LP's sole cost and expense and free and clear of any liens, claims, charges, limitations, restrictions or encumbrances of any kind of (i) all of the schedules, details and information required to be delivered pursuant to this Agreement, including (but not limited to) the information referred to and required by subparagraph 4(i) and paragraph 7, and (ii) all of the physical materials and items enumerated in the Delivery Schedule attached hereto. TAG shall have fourteen (14) days (subject to laboratory and other delays beyond its control) following the tendered delivery of each item to inspect it. Delivery will not be completed within the meaning of this Agreement until delivery of all materials and items required to be delivered shall be effected and the period of inspection has expired. Upon the completion of such inspection, TAG shall advise LP wherein any such delivery is not proper or complete. If delivery is not completed within the time, manner and in accordance with the requirements of this Agreement, TAG (without prejudice to any other right or remedy) may, but shall not be obligated to, (a) itself supply at LP's cost or require LP to promptly supply, such items or materials LP failed to supply in the first instance, or (b) require LP to refund any and all monies theretofore paid to it until LP effects complete and proper delivery, or (c) terminate this Agreement and all of TAG's obligations hereunder, in which event, upon demand, LP will pay TAG a sum equal to the aggregate of all payments to LP plus costs, expenditures and indebtednesses incurred by TAG in respect of the Picture. The exercise of any right or remedy shall not bar or preclude the exercise of any other right or remedy, and no acceptance of improper or inadequate delivery shall be a waiver of any of TAG's rights, including (but not limited to) the right to receive full, complete and proper delivery in accordance with this Agreement.
Delivery Specifications. Licensor shall effect or procure that delivery of the Licensed Programme is made on or before the Delivery Deadline in the Video Format specified in the Contract Terms.
Delivery Specifications. (a) The Company may, by letter, telex or other means, deliver to Amgen delivery specifications providing specific information regarding EPO which the Company is interested in obtaining. Each delivery specification shall specify: (1) quantity; (2) requested delivery schedule; (3) packaging and marking requirements; (4) method of shipment; (5) place of delivery and acceptance; and (6) any other information necessary to prepare the proposal.
(b) Amgen shall, and after delivery of each such delivery specification by the Company, furnish the Company with a written proposal providing specific information regarding items which the Company is interested in obtaining. Such proposal shall include: (i) unit and total price or fee for use for items; (ii) delivery schedule; (iii) duration of the proposal; (iv) terms and conditions regarding dissemination and use of the items; and (v) any other information, requested by the Company and deemed essential to the proposal by Amgen. Orders placed pursuant to a proposal are termed "Proposal Orders." Issuance of a Proposal Order by Amgen and receipt by Amgen of written notification of acceptance of the Proposal Order by the Company shall create a binding agreement for furnishing the items specified therein.
(c) On Proposal orders, the charges paid by the Company for items shall be those charges set forth in the proposal under which such order is being placed. Amgen shall exercise reasonable efforts to provide the Company with thirty (30) days advance notice of changes in prices and use fees for items.
(d) Charges quoted pursuant to this Article VII will be in United States dollars and invoices shall be payable in United States currency within thirty (30) days of delivery.
Delivery Specifications. Marina will ensure that the Thermal Energy delivered by Marina at the Points of Delivery satisfies the conditions of temperature and pressure specified in Schedule 1 attached hereto.
Delivery Specifications. To the extent within Artist’s control, Artist shall deliver the completed Picture to Company within a post production schedule approved by Company. "Delivery" shall be deemed to have occurred only upon delivery to Company of an answer print which conforms to all of Company's standard delivery requirements, which requirements include, but are not limited to, those contained in the remainder of this paragraph. If Company (in the exercise of its sole discretion) elects to proceed to production and Lender and Artist render producing services on the Picture, to the extent within Artist’s control, the Picture shall: (i) conform to the final version of the screenplay approved by Company, except for any minor non-material changes as may be necessitated by the exigencies of production, if any, and such other changes as may be pre-approved by Company in writing; (ii) shall be of first-class technical quality and photographed in the English language, in color in 35mm film and capable of being projected with an aspect ratio of 1:1.85 with no hard matte; (iii) shall be delivered with a running time, inclusive of main and end titles (with end titles not to exceed 3 minutes), of no less than 95 minutes and no more than 110 minutes; shall be capable of receiving a MPAA rating no more restrictive than “R” (unless Company agrees to a more restrictive rating); and (iv) shall be produced using only first-class facilities and equipment for photographs, recording, film processing, scoring, dubbing and all other aspects of production and post-production, shall be completely finished, fully edited and titled and fully synchronized with language, dialogue, sound and music. Upon delivery of the Picture, to the extent within Artist’s control, there shall be no liens (other than the customary SAG and DGA lien if the Picture is SAG and DGA, provided that the Picture shall not be SAG or DGA without Company’s prior written approval) against the Picture and all costs of its production (including, but not by way of limitation any and all music costs and/or licenses) shall be paid. The production shall be run with standard financial controls, including, without limitation, double signatures required on all fundings to the production and on all production checks. There shall be no material changes in the specifications without Company’s prior written approval. To the extent within Artist’s control, Delivery shall be made in accordance with Company’s standard Delivery Schedule (subject to su...
Delivery Specifications. Subject to Producer providing Products which satisfy the requirements set forth in Section 10.1 and Section 10.2, Gatherer shall separate, process and stabilize Producer’s Products such that upon delivery at the Delivery Points such Producer’s Products meet the required quality specifications of the Person receiving such Producer’s Products under the applicable contract, agreement or arrangement between Producer and such Person (and Gatherer, as applicable). Notwithstanding the immediately foregoing sentence, without its prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed), Gatherer shall not be required to comply with quality specifications that exceed more than a reasonable deviation from the most stringent quality specifications provided for in the contracts, agreements and arrangements of Producer for Producer’s Products as of the Effective Date. Producer shall promptly notify Gatherer when it becomes aware of any change in required quality specifications under such contracts, agreements or arrangements.
