Equipment Supply. Not later than [ ] Seller shall provide PGE with written evidence of Seller’s commitment from the parties identified on Exhibit E for the supply of all of the equipment required to construct and interconnect the Facility in a timeframe that reasonably would allow Seller to achieve the Commercial Operation Date of the Facility on or before the Scheduled Commercial Operation Date.
Equipment Supply. (a) If Powernet or a third party at Powernet’s request sells any goods or equipment to the Client (Equipment):
(i) Powernet retains title to and ownership of all the Equipment until all amounts due in respect of all Equipment sold by or on behalf of Powernet to the Client or at its request have been paid by the Client in full;
(ii) risk of loss or damage of the Equipment passes to the Client when it is delivered to the Client’s premises;
(iii) the Client must fully insure the Equipment from the time of delivery and maintain the insurance until the Client obtains title, and failing that until the equipment is delivered up to Powernet . The Client must insure the equipment for its full value and ensure that Powernet’s interest is noted on the policy. Powernet may require the Client to demonstrate compliance with this clause by producing a copy of the insurance policy;
(b) The Client must not:
(i) mortgage, charge or encumber the equipment without Powernet’s written consent; and
(ii) loan, rent, licence, transfer or assign or part with possession of the equipment without Powernet’s written consent.
(c) The Client must allow Powernet to enter upon the Client’s premises to inspect the equipment in the Client’s possession upon reasonable notice from time to time;
(d) If:
(i) the Client fails to pay any amount (whether in whole or part) payable in respect of any equipment by the time required for payment;
(ii) the Client become insolvent (as that term is defined in the Corporations Act 2001); or
(iii) the Agreement is terminated, or becomes terminable at Powernet’s option, Powernet may, without notice to the Client, enter at any reasonable time any premises where equipment is located (or believed by Powernet to be located) and take possession of that equipment not paid for to the value of the amount owing. Powernet’s permission to enter the Client’s premises for that purpose is irrevocable. Powernet is not liable to the Client in contract, tort or otherwise, for any costs, damages, expenses or losses incurred by the Client as a result of any action taken by Powernet under this clause.
(e) If any equipment belonging to Powernet is sold or otherwise disposed of by the Client or if any insurance claim is made in respect of them, Powernet is entitled to trace and receive the sale or insurance proceeds. The Client must notify Powernet of all insurance claims made by the Client in respect of the equipment. The Client must keep the proceeds of sale or insurance in a sep...
Equipment Supply. CUE agrees to supply the Distributor with ---------------- pagers which operate on the CUE Network at a price of $*** per pager, payable within thirty (30) days of shipment by CUE of such pagers, provided that the Distributor:
(a) provides CUE with monthly ninety (90) day rolling forecasts indicating the number of pagers that the Distributor desires to purchase or lease from CUE;
(b) purchases FM subcarrier pagers exclusively from CUE during the first two (2) years of this Agreement; and
(c) does not resell or re-lease the pager to any other party except end users or supply pagers to subscribers not located in the MSA identified in Schedule "A,"
Equipment Supply. 6.1 Except the circumstances as set out in Article 2.2 or Article 2.3 of this Agreement, any equipment as required in the course of business conducted by Party B (including but not limited to, Internet Information Service Business, Mobile Value-added Telecommunication Business, Online Advertising Business, etc.) shall be supplied by Party A on an exclusively basis or by the supplier appointed by Party A, and the detailed method of supply (including but not limited to lease, sale, transfer, etc.) shall be decided by Party A on its own discretion.
6.2 Both parties shall discuss to sign a detailed equipment transfer or equipment lease agreement in which the method, price, terms and other specific subject regarding equipment supply shall be expressly stipulated.
Equipment Supply. CUE agrees to supply the Affiliate with pagers which operate on the CUE Network at a price of $*** per pager, payable within thirty (30) days of shipment by CUE of such pagers, provided that the Affiliate:
(a) provides CUE with monthly ninety (90) day rolling forecasts indicating the number of pagers that the Affiliate desires to purchase or lease from CUE; and
(b) purchases FM subcarrier pagers exclusively from CUE during the first two (2) years of this Agreement.
Equipment Supply. 34.1 If we sell any equipment to you:
34.1.1 we retain title to and ownership all that equipment sold by us to you until all amounts due in respect of all equipment and all other amounts you owe us actually or contingently presently or in future have been paid by you in full;
34.1.2 risk of loss or damage passes to you when it is delivered to your premises;
34.1.3 you must fully insure it from the time of delivery and maintain the insurance until you obtain title, and failing that until the equipment is delivered up to us. You must insure the equipment for its full value and ensure that our interest is noted on the policy. We may require you to demonstrate compliance with this clause by producing a copy of the insurance policy;
34.2 you must not:
34.2.1 mortgage, charge or encumber the equipment without our written consent; and
34.2.2 loan, rent, licence, transfer or assign or part with possession of the equipment without our written consent.
34.3 You must allow us to enter upon your premises to inspect the equipment in your possession upon reasonable notice from time to time;
34.3.1 If:
34.3.1.1 You fail to pay any amount (whether in whole or part) payable in respect of any equipment by the time required for payment;
34.3.1.2 You become insolvent (as that term is defined in the Corporations Act 2001); or
34.3.1.3 Our customer contract is terminated, or becomes terminable at our option, we may, without notice to you, enter at any reasonable time any premises where equipment is located (or believed by us to be located) and take possession of that equipment not paid for and any other equipment to the value of the amount owing. Our permission to enter your premises for that purpose is irrevocable. We are not liable to you in contract, tort or otherwise, for any costs, damages, expenses or losses incurred by you as a result of any action taken by us under this clause.
34.3.2 If any equipment belonging to us are sold or otherwise disposed of by you or if any insurance claim is made in respect of them, we are entitled to trace and receive the sale or insurance proceeds. You must notify us of all insurance claims made you in respect of the equipment. You must keep the proceeds of sale or insurance in a separate bank account on trust for us.
34.3.3 You must reimburse to us all costs incurred by us in exercising our rights under this clause.
Equipment Supply. 18.1. If we provide any equipment including refrigerated units (“Equipment”) to you, you must keep it insured for all business risks to our satisfaction.
18.2. The Equipment must be placed in a secure environment, free from any atmospheric or environmental conditions that may cause damage to the Equipment, and used in a manner consistent with food and health requirements relevant to our product.
18.3. The Equipment remains our property and it must be labelled as such. You must not affix it to any other property or items, or have the equipment removed from the premises without our express consent.
18.4. You authorise us to enter any premises to uplift the Equipment.
Equipment Supply. In the event of non-supply of requested equipment, SPS retains the right to ship its traffic with an alternate carrier of the SPS’s choosing. If the condition or type of motor transport equipment is deemed by SPS not to meet the definition of “suitable and adequate motor carrier equipment” and where this information is properly communicated to the Carrier, the Carrier will either replace the equipment or repair it on site within as soon as possible to ensure an on time delivery to SPS customer. If said equipment cannot be repaired or replaced in a timeframe that still makes the loads delivery appointment, SPS reserves the right to find alternate means of making the delivery. If this equipment is not replaced or repaired to the SPS’s satisfaction, this occurrence will be deemed to be an event of non-supply of requested equipment and a default of a material covenant as described in this Agreement. In the event of equipment failure or a designation of “bad order” for equipment which is on route to destination. Carrier will use reasonable dispatch in unloading bad ordered equipment and reloading the replacement equipment. This will be done by Carrier at no additional charge to the SPS. Carrier shall, at its sole cost and expense, furnish all fuel, oil, tires, and other parts, supplies and equipment necessary or required for the safe and efficient operation and maintenance of equipment. Carrier shall pay all expenses of every nature, including expense of road service and repair, in connection with use and operation of the equipment and shall, at its sole cost and expense, at the times during the term of this Agreement maintain equipment in good repair, mechanical condition and appearance. Carrier shall be responsible for payment of towing services performed by contractors on premises of SPS.
Equipment Supply i) You may from time to time purchase equipment (which is separate from the Equipment as defined herein) comprising hardware and or software whether associated or otherwise from Real Broadband in which case the order process set out in clauses 3 and 4 above shall apply except that the relevant Service Contract shall be formed and fulfilled by delivery of that equipment to you. Risk and title therein (where applicable) shall pass to you on delivery.
Equipment Supply. ORMAT will supply all the equipment required to construct a completely integrated and operational power plant as defined in the Tender documents and in this Tender submittal documents.
