Precious Metals A Fund may, upon Special Instructions, direct the Custodian to appoint, or instruct the Domestic Subcustodian to appoint, a depository for the safekeeping and storage of gold, silver, platinum and other precious metals (“Precious Metals”) on behalf of such Fund.
Minerals The seller’s share of minerals (if any) will NOT transfer with the surface at closing.
Weighing 5.1. In order to calculate the quantity of Grain delivered to a Port Terminal Facility: (a) all Grain delivered by road to the Port Terminal Facilities for unloading must be weighed using CBH’s weighing facilities operated by CBH personnel recording the gross and tare weights of the road vehicles containing the loads of Grain; (b) if the Grain is delivered by rail from a CBH Site upcountry, the weight will be determined by referencing the weight of the load determined by CBH at the relevant upcountry Site (CBH Weight); and (c) if the Grain is delivered by rail from a third party site and where the Port Terminal Facilities have such facilities, CBH will batch weigh the Grain unloaded from rail vehicles into the grid. 5.2. If Grain is delivered a Port Terminal Facility by rail pursuant to clause 5.1(b) of this Schedule 6, CBH may elect to batch weigh the Grain at the Port Terminal Facility. If, following an audit by CBH under this clause 7.2 of this Schedule 7, there is a discrepancy of more than 2.5% between the CBH Weight and the weight determined by CBH at Port (“Weight Shortfall”), CBH may deduct the relevant Weight Shortfall from the Customer’s Grain Entitlement and charge the Customer the Rail Weighing Fee as set out in the Fees and Charges Schedule. 5.3. In all cases, CBH must provide the Customer with a weighbridge ticket or other statement certifying the weight and quantity of Grain delivered to the Port Terminal Facility and confirming the name of the person in whose name the Grain is delivered based on the information contained in the Customer’s Direct to Port Delivery Declaration Form and Direct to Port Sample Declaration Form provided to CBH at or prior to the delivery of each load of Grain at the Port Terminal Facility.
MINES The Contractor represents and warrants that neither it, its parent entities (if any), nor any of the Contractor’s subsidiaries or affiliated entities (if any) is engaged in the sale or manufacture of anti-personnel mines or components utilized in the manufacture of anti-personnel mines.
DELIVERY, TITLE AND RISK OF LOSS Title and risk of loss to Products (for Software, the media) shall pass to Customer upon the occurrence of either of the following: (a) if Customer is, or agrees to be, the importer of record, upon the shipment from NI, NI’s affiliated companies or a warehouse used by NI; or (b) if NI is, or agrees to be, the importer of record, upon either i) the shipment of Products from NI’s affiliated companies and the completion by NI of the customs import clearance at the customs having jurisdiction over the imports of the Products, or ii) the shipment of Products from a local warehouse used by NI, if applicable; provided however, NI retains a security interest and right of possession in the Products until Customer makes payment in full. For Products to be delivered within the same country as the NI entity accepting the order, NI will arrange the shipping; however, Customer is responsible for all shipping and handling fees set forth in the invoice, unless otherwise indicated by NI. Upon written confirmation from NI, Customer may choose to arrange for shipping or if the order is placed with an NI entity outside of the country of the applicable shipping destination, Customer is responsible for all shipping and handling, including fees, customs, formalities, and clearance,except that NI is responsible for the Export Declaration. Customer shall provide NI with the necessary information for the Export Declaration, in a timely manner. Shipment dates provided by NI are estimates only, and NI shall have no liability for losses or claims resulting from late delivery of Products. Claims for shipment shortage shall be deemed waived unless presented to NI in writing within seven (7) days upon arrival of the Products to the designated place. NI may, in its sole discretion, without liability or penalty, make partial shipments of Products to Customer. Each shipment will constitute a separate sale, and Customer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Customer’s purchase order.
API If the Software offers integration capabilities via an API, your use of the API may be subject to additional costs or Sage specific policies and terms and conditions (which shall prevail in relation to your use of the API). You may not access or use the API in any way that could cause damage to us or the Software, or in contravention of any applicable laws. We reserve the right in our sole discretion, to: (i) update any API from time to time; (ii) place limitations around your use of any API; and (iii) deny you access to any API in the event of misuse by you or to otherwise protect our legitimate interests.
Natural Gas 21.1 Subject to Article 21.2, the Indian domestic market shall have the first call on the utilisation of Natural Gas discovered and produced from the Contract Area. Accordingly, any proposal by the Contractor relating to Discovery and production of Natural Gas from the Contract Area shall be made in the context of the Government's policy for the utilisation of Natural Gas and shall take into account the objectives of the Government to develop its resources in the most efficient manner and to promote conservation measures. 21.2 The Contractor shall have the right to use Natural Gas produced from the Contract Area for the purpose of Petroleum Operations including reinjection for pressure maintenance in Oil Fields, gas lifting and captive power generation required for Petroleum Operations. 21.3 For the purpose of sales in the domestic market pursuant to this Article 21, the Contractor shall have freedom to market the Gas and sell its entitlement.
Delivery Point The delivery point is the point of delivery of the Power Product to the CAISO Controlled Grid (the “Delivery Point”). Seller shall provide and convey to Buyer the Power Product from the Generating Facility at the Delivery Point. Title to and risk of loss related to the Power Product transfer from Seller to Buyer at the Delivery Point.
Quantity If Seller delivers more than the quantity of Goods ordered, Buyer may reject all or any excess Goods. Any such rejected Goods shall be returned to Seller at Seller's risk and expense. If Buyer does not reject the Goods and instead accepts the delivery of Goods at the increased or reduced quantity, the Price for the Goods shall be adjusted on a pro-rata basis.
Packing 3.9.1 The tenderer shall provide such packing of the Goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the Contract. 3.9.2 The packing, marking, and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the Contract