Lien Clause Sample Clauses

Lien Clause. 5.1. Without prejudice to the transfer of risk to the Purchaser directly the goods are made available by the Seller to the Purchaser or to the designated transporter, the delivered goods shall remain the property of the Seller until full payment of the price, including any interest on the arrears and possible costs. If the price is not paid on the due date, the Seller shall have the right to take back the goods at the cost of the Purchaser, without prior notification of default. 5.2. The Purchaser shall be forbidden to combine, process, sell, transfer, pledge or encumber with rights in rem the goods forming the subject of the order or the agreement or, more generally, alienate them, until full payment of the price and costs incurred. 5.3. The Purchaser undertakes to store the goods at his cost, at one single place made known to the Seller, preserved in their original packaging, so that at all times they may be individualised and identified as being the property of the Seller (by applying a label or other identifying indication), until full payment of the price. If necessary, the Purchaser undertakes to notify the third parties and in particular the owner of the warehouse(s) that the goods remain the property of the Seller. 5.4. However, the Purchaser shall remain solely liable in the event of loss, - even as a result of accident or force majeure -, of the goods sold and delivered but not yet paid for (in full). 5.5. The Purchaser undertakes to notify the Seller immediately of any seizure for security or execution, or other means of enforcement imposed by a third party on the goods sold of which the price has not been paid in full.
Sample 1
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Lien Clause. Owners shall have a lien on the cargo for freight, dead-weight, demurrage and damages for detention, Charterers shall remain responsible for dead- weight and demurrage (including damages for detention, incurred at port of loading. Charterers shall also remain responsible for freight and demurrage (including damages for detention) incurred at port of discharge, but only to such extent as the Owners have been unable to obtain payment thereof by exercising the lien on the cargo.
Sample 1
Lien Clause. The Operator may exercise a lien in accordance with condition 6.5 of the UKWA conditions and exercise a power of sale in accordance with condition 7.2 of the UKWA conditions. Without any prejudice to or limitation upon the provisions contained in these UKWA conditions, they shall be read and construed as follows: 9.1 The lien shall extend not only to Goods but also to any Plant brought into or onto the Terminal by the Customer or other Interested Party; 9.2 The lien shall secure all sums relating to or arising from the Services or which are otherwise payable by the Customer or other Interested Party under this Agreement or on any other account including any contingent liabilities; 9.3 Upon the exercise of a lien, the Operator may give the Customer written notice of the exercise of the lien requiring the Customer to pay all secured sums within a period of ten (10) days; 9.4 Upon the expiry of ten (10) days from the date of notice of the exercise of the lien, the Operator may exercise the power of sale contained in condition 7.2 in respect of all Goods and Plant subject to the lien under condition 6.5.
Sample 1

Related to Lien Clause

  • WAIVER CLAUSE The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in the Agreement. Therefore, the Employer and the Association, for the life of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement.

  • Sunset Clause The provisions of this Section expires automatically on the expiration date of this Agreement.

  • BREAK CLAUSE IF YOU HAVE OPTED FOR A FIXED TERM CONTRACT YOU WILL NOT HAVE THE DETAILS OF A BREAK CLAUSE NOTED IN YOUR PARTICULARS. 5.1. The Landlord shall be entitled to serve upon the Tenant Statutory Notice of not less than two calendar months to break this tenancy. Such Notice: 5.1.1. Shall be at least 2 months’ notice to break this Tenancy 5.1.2. Shall not expire before the end of the «D0000_401C_0#Landlord_notice_take_effect» month of the term 5.

  • ZIPPER CLAUSE 1. This Agreement sets forth the full and entire understanding of the parties regarding the matters herein. This Agreement may be modified, but only in writing, upon the mutual consent of the parties.

  • Mortgage Clause 1. If a mortgagee is named in this policy, any loss payable under Coverage A or B will be paid to the mortgagee and you, as interests appear. If more than one mortgagee is named, the order of payment will be the same as the order of precedence of the mortgages. 2. If we deny your claim, that denial will not apply to a valid claim of the mortgagee, if the mortgagee: a. Notifies us of any change in ownership, occupancy or substantial change in risk of which the mortgagee is aware; b. Pays any premium due under this policy on demand if you have neglected to pay the premium; and c. Submits a signed, sworn statement of loss within 60 days after receiving notice from us of your failure to do so. Paragraphs F. Appraisal, H. Suit Against Us and J. Loss Payment under Section I – Conditions also apply to the mortgagee. 3. If we decide to cancel or not to renew this policy, the mortgagee will be notified at least 4. If we pay the mortgagee for any loss and deny payment to you: a. We are subrogated to all the rights of the mortgagee granted under the mortgage on the property; or b. At our option, we may pay to the mortgagee the whole principal on the mortgage plus any accrued interest. In this event, we will receive a full assignment and transfer of the mortgage and all securities held as collateral to the mortgage debt. 5. Subrogation will not impair the right of the mortgagee to recover the full amount of the mortgagee's claim.

  • Priorities Clause In the event of any conflict, discrepancy or ambiguity between the terms and conditions contained in this Agreement and any Schedules or attachments hereto, the terms and conditions contained in this Agreement shall take precedence.

  • TERMINATION CLAUSE Whenever either of the parties hereto determines that termination of this Agreement is in such party’s best interest, then the Agreement may be terminated by giving written notification to the other party. A determination may include, but not be limited to: A. Failure of either party to comply with any or all items contained within Sections 1 through 15 of this Agreement, contract exhibits, and/or provisions of any subsequent contractual amendments executed relative to this Agreement; B. This Agreement may be terminated if project funds to WICHITA under the grant are suspended or terminated; C. Either party hereto may also, by giving thirty (30) days notice, terminate this Agreement for convenience; D. Upon receipt of notice of termination, DERBY shall: (1) discontinue further commitments of contract funds to the extent they relate to the terminated portion of the Agreement; (2) promptly cancel all Agreements and/or orders to subcontractors utilizing funds under this Agreement; (3) submit, within a reasonable period of time to be specified by WICHITA, a cancellation settlement proposal which shall include a final statement for the Agreement, or reimbursement of unearned funds previously distributed.

  • Final Clauses This Agreement will enter into force upon signature by both Parties and shall remain in force until completion of all obligations of the Parties under this Agreement.

  • MANAGEMENT CLAUSE Subject to the provisions of this Agreement, the Employer has the exclusive right and authority to establish policies and manage stores covered by this Agreement and to direct the working forces employed therein including, but not limited to, the rights of hiring, suspending and discharging for proper cause, promoting, transferring and releasing employees from duties because of lack of work. The Employer will notify the Union when it places a cashier on an individual cash control program. There shall be no suspension because of work performance, absenteeism and/or tardi­ ness, without prior written notice having been given to the Union and the employee involved. The trial period for newly engaged employ­ ees shall be the first thirty (30) days of employ­ ment and may be extended to sixty (60) days at the request of the Employer to the Union. When new stores are opened by the Employer, the trial period shall be sixty (60) days for all employees newly employed at such time. After the first sixty (60) days from the opening date of the store, the trial period shall be thirty (30) days.

  • Saving Clause If any provision(s) of this Agreement shall be determined to be illegal or unenforceable, such determination shall in no manner affect the legality or enforceability of any other provision hereof.

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