Determination of Quantity and Quality of Product Sample Clauses

Determination of Quantity and Quality of Product. 1. During Operator's custody of Product, and except as provided in sections G and 8 herein, Operator sha l be responsib e for Product quality and for any losses above the agreed upon parameters in Section G. The quantity of the Product handled hereunder shall be determined by an independent inspector appointed by Customer. Measurements made by or certified by such independent inspector shall be conclusive and binding upon the Parties. The costs for an independent inspector shall be for the account of Customer, except for activities requiring third party inspection for the account of Operator as specified elsewhere in this Agreement. The Customer or its customer shall provide a Certificate of Quality for the Product prior to the Product entering into the custody of Operator.
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Determination of Quantity and Quality of Product. USD shall be responsible for the accuracy of its sampling and measurement equipment at the Rail Terminal, and shall ensure such equipment complies in all respects and at all times with applicable standards set by the American Petroleum Institute (“API”) and the American Society of Testing Materials (“ASTM”), including the latest revisions thereto, and will not be less than those standards established by the jurisdictions responsible for approving custody transfer devices for petroleum products. USD Marketing shall have the right, but not the obligation, during the Term of this Agreement to inspect the loading equipment and sampling and measurement equipment for suitability. USD shall operate in accordance with the Applicable Law and Good Industry Practice. For the purposes of this Agreement, “
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Determination of Quantity and Quality of Product 
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Related to Determination of Quantity and Quality of Product

  • Accuracy of the Company’s Representations and Warranties; Performance by the Company The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p), Section 4(q) and Section 4(r).

  • Manufacturer’s Warranties If a Lease Vehicle is covered by a Manufacturer’s warranty, the Lessee, during the Vehicle Term for such Lease Vehicle, shall have the right to make any claims under such warranty that the Lessor could make.

  • Licensee’s Representations and Warranties LICENSEE represents and warrants that:

  • Representations and Warranties; Performance of Agreements Company shall have delivered to Agent an Officers' Certificate, in form and substance satisfactory to Agent, to the effect that the representations and warranties in Section 5 hereof are true, correct and complete in all material respects on and as of the Closing Date to the same extent as though made on and as of that date (or, to the extent such representations and warranties specifically relate to an earlier date, that such representations and warranties were true, correct and complete in all material respects on and as of such earlier date) and that Company shall have performed in all material respects all agreements and satisfied all conditions which this Agreement provides shall be performed or satisfied by it on or before the Closing Date except as otherwise disclosed to and agreed to in writing by Agent and Requisite Lenders.

  • Accuracy of Representations and Warranties; Performance of Covenants At the Closing Time, the representations and warranties contained herein or in certificates of any officer of the Company or any of its subsidiaries (including the Bank) delivered pursuant to the provisions hereof, shall be true and correct, when made, and at the Closing Time, and the Company shall have performed its covenants and other obligations hereunder.

  • Representations and Warranties; Performance of Obligations All the representations and warranties of the STOCKHOLDERS and the COMPANY contained in this Agreement shall be true and correct in all material respects as of the Closing Date and the Funding and Consummation Date with the same effect as though such representations and warranties had been made on and as of such date; all of the terms, covenants and conditions of this Agreement to be complied with or performed by the STOCKHOLDERS and the COMPANY on or before the Closing Date or the Funding and Consummation Date, as the case may be, shall have been duly performed or complied with in all material respects; and the STOCKHOLDERS shall have delivered to CSI certificates dated the Closing Date and the Funding and Consummation Date, respectively, and signed by them to such effect.

  • Representations and Warranties by Each Party Each Party represents and warrants to the other as of the Effective Date that:

  • Accuracy of the Company’s Representations and Warranties Each of the representations and warranties of the Company in this Agreement and the Registration Rights Agreement shall be true and correct in all material respects as of the Closing Date, except for representations and warranties that speak as of a particular date, which shall be true and correct in all material respects as of such date.

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