Common use of Marking of Equipment and Plant Clause in Contracts

Marking of Equipment and Plant. ‌ (a) Where, prior to delivery, the property in Equipment and Plant passes to Buyer, Seller shall, so far as is practicable, set the Equipment and Plant aside and xxxx it as Buyer’s property in a manner reasonably required by Buyer. (b) Until the Equipment and Plant has been so set aside and marked, Buyer shall be entitled to withhold any interim Progress Payment to which Seller might otherwise be entitled. (c) Seller shall permit Buyer at any time upon reasonable notice to inspect any Equipment or Plant which has become the property of Buyer and shall grant Buyer or procure the grant of access to Seller’s premises for such purposes or any other premises where such Equipment and Plant may be located. Such inspection shall not constitute acceptance of the Equipment and Plant. (d) All such Equipment and Plant shall be in the care and possession of Seller solely for the purposes of the Agreement and shall not be within the ownership or disposition of Seller. (e) No Progress Payment or interim Certificate of Payment issued by Buyer shall prejudice its right to reject Equipment or Plant which is not in accordance with the Agreement. Upon any such rejection the property in the rejected Equipment or Plant shall immediately revert to Seller. (f) Seller shall transfer title to the Work to Buyer at the earliest to occur of (i) when the Equipment and/or Materials are brought on the Site; (ii) the specific Equipment and/or Materials are included in a request for a Progress Payment; and (iii) when the Equipment and/or Materials are appropriated for use in the Project. Seller shall cause the Contractor to transfer the Work supplied and performed by the Contractor to Buyer (x) prior to the Closing, free and clear of all Liens other than (A) mechanics liens relating to the Work supplied and performed by the Contractor’s Subcontractors that have not yet been paid and (B) amounts payable to Contractor’s Subcontractors that are being disputed in good faith provided that the Contractor has posted a bond against such Liens with a bonding company or other surety reasonably acceptable to Buyer, and (y) upon the Closing, free and clear of all Liens. Seller shall indemnify and keep indemnified the Buyer against any claims, losses or damage arising from any defect in title or encumbrances or charge upon any of the Equipment and Plant supplied pursuant to this Agreement. (g) With respect to any Lien or Claim relating to the Project other than Permitted Liens (i) arising through the Contractor or any Subcontractor, Seller agrees to cause the Contractor or Subcontractor to promptly remove or cause, or cause to be removed, any such Lien or Claim and (ii) Seller agrees promptly remove or cause, or caused to be removed, any such other Liens or Claims not covered by the immediately preceding clause (a).

Marking of Equipment and Plant. ‌ (a) Where, prior to delivery, the property in Equipment and Plant passes to Buyer, Seller shall, so far as is practicable, set the Equipment and Plant aside and xxxx mark it as Buyer’s property in a manner reasonably required by Buyer. (b) Until the Equipment and Plant has been so set aside and marked, Buyer shall be entitled to withhold any interim Progress Payment to which Seller might otherwise be entitled. (c) Seller shall permit Buyer at any time upon reasonable notice to inspect any Equipment or Plant which has become the property of Buyer and shall grant Buyer or procure the grant of access to Seller’s premises for such purposes or any other premises where such Equipment and Plant may be located. Such inspection shall not constitute acceptance of the Equipment and Plant. (d) All such Equipment and Plant shall be in the care and possession of Seller solely for the purposes of the Agreement and shall not be within the ownership or disposition of Seller. (e) No Progress Payment or interim Certificate of Payment issued by Buyer shall prejudice its right to reject Equipment or Plant which is not in accordance with the Agreement. Upon any such rejection the property in the rejected Equipment or Plant shall immediately revert to Seller. (f) Seller shall transfer title to the Work to Buyer at the earliest to occur of (i) when the Equipment and/or Materials are brought on the Site; (ii) the specific Equipment and/or Materials are included in a request for a Progress Payment; and (iii) when the Equipment and/or Materials are appropriated for use in the Project. Seller shall cause the Contractor to transfer the Work supplied and performed by the Contractor to Buyer (x) prior to the Closing, free and clear of all Liens other than than (A) mechanics liens relating to the Work supplied and performed by the Contractor’s Subcontractors that have not yet been paid and (B) amounts payable to Contractor’s Subcontractors that are being disputed in good faith provided that the Contractor has posted a bond against such Liens with a bonding company or other surety reasonably acceptable to Buyer, and (y) upon the Closing, free and clear of all Liens. Seller shall indemnify and keep indemnified the Buyer against any claims, losses or damage arising from any defect in title or encumbrances or charge upon any of the Equipment and Plant supplied pursuant to this Agreement. (g) Where, prior to delivery, the property in Equipment and Plant passes to Buyer, Seller shall, so far as is practicable, set the Equipment and Plant aside and mark it as Buyer’s property in a manner reasonably required by Buyer. Until the Equipment and Plant has been so set aside and marked, Buyer shall be entitled to withhold any Progress Payment to which Seller might otherwise be entitled. Seller shall permit Buyer at any time upon reasonable notice to inspect any Equipment or Plant which has become the property of Buyer and shall grant Buyer or procure the grant of access to Seller’s premises for such purposes or any other premises where such Equipment and Plant may be located. Such inspection shall not constitute acceptance of the Equipment and Plant. (h) All such Equipment and Plant shall be in the care and possession of Seller solely for the purposes of the Agreement and shall not be within the ownership or disposition of Seller. (i) With respect to any Lien or Claim relating to the Project other than Permitted Liens (i) arising through the Contractor or any Subcontractor, Seller Xxxxxx agrees to cause the Contractor or Subcontractor to promptly remove or cause, or cause to be removed, any such Lien or Claim and (ii) Seller agrees promptly remove or cause, or caused to be removed, any such other Liens or Claims not covered by the immediately preceding clause (a).

Marking of Equipment and Plant. ‌ (a) Where, prior to delivery, the property in Equipment and Plant passes to Buyer, Seller shall, so far as is practicable, set the Equipment and Plant aside and xxxx it as Buyer’s property in a manner reasonably required by Buyer. (b) Until the Equipment and Plant has been so set aside and marked, Buyer shall be entitled to withhold any interim Progress Payment to which Seller might otherwise be entitled. (c) Seller shall permit Buyer at any time upon reasonable notice to inspect any Equipment or Plant which has become the property of Buyer and shall grant Buyer or procure the grant of access to Seller’s premises for such purposes or any other premises where such Equipment and Plant may be located. Such inspection shall not constitute acceptance of the Equipment and Plant. (d) All such Equipment and Plant shall be in the care and possession of Seller solely for the purposes of the Agreement and shall not be within the ownership or disposition of Seller. (e) No Progress Payment or interim Certificate of Payment issued by Buyer shall prejudice its right to reject Equipment or Plant which is not in accordance with the Agreement. Upon any such rejection the property in the rejected Equipment or Plant shall immediately revert to Seller. (f) Seller shall transfer title to the Work to Buyer at the earliest to occur of (i) when the Equipment and/or Materials are brought on the Site; (ii) the specific Equipment and/or Materials are included in a request for a Progress Payment; and (iii) when the Equipment and/or Materials are appropriated for use in the Project. Seller shall cause the Contractor to transfer the Work supplied and performed by the Contractor to Buyer (x) prior to the Closing, free and clear of all Liens other than (A) mechanics liens relating to the Work supplied and performed by the Contractor’s Subcontractors that have not yet been paid and (B) amounts payable to Contractor’s Subcontractors that are being disputed in good faith provided that the Contractor has posted a bond against such Liens with a bonding company or other surety reasonably acceptable to Buyer, and (y) upon the Closing, free and clear of all Liens. Seller shall indemnify and keep indemnified the Buyer against any claims, losses or damage arising from any defect in title or encumbrances or charge upon any of the Equipment and Plant supplied pursuant to this Agreement. Where, prior to delivery, the property in Equipment and Plant passes to Buyer, Seller shall, so far as is practicable, set the Equipment and Plant aside and xxxx it as Buyer’s property in a manner reasonably required by Buyer. Until the Equipment and Plant has been so set aside and marked, Buyer shall be entitled to withhold any Progress Payment to which Seller might otherwise be entitled. Seller shall permit Buyer at any time upon reasonable notice to inspect any Equipment or Plant which has become the property of Buyer and shall grant Buyer or procure the grant of access to Seller’s premises for such purposes or any other premises where such Equipment and Plant may be located. Such inspection shall not constitute acceptance of the Equipment and Plant. All such Equipment and Plant shall be in the care and possession of Seller solely for the purposes of the Agreement and shall not be within the ownership or disposition of Seller. (g) With respect to any Lien or Claim relating to the Project other than Permitted Liens (i) arising through the Contractor or any Subcontractor, Seller agrees to cause the Contractor or Subcontractor to promptly remove or cause, or cause to be removed, any such Lien or Claim and (ii) Seller agrees promptly remove or cause, or caused to be removed, any such other Liens or Claims not covered by the immediately preceding clause (a).

Marking of Equipment and Plant. ‌ (a) Where, prior to delivery, the property in Equipment and Plant passes to Buyer, Seller shall, so far as is practicable, set the Equipment and Plant aside and xxxx it as Buyer’s property in a manner reasonably required by Buyer. (b) Until the Equipment and Plant has been so set aside and marked, Buyer shall be entitled to withhold any interim Progress Payment to which Seller might otherwise be entitled. (c) Seller shall permit Buyer at any time upon reasonable notice to inspect any Equipment or Plant which has become the property of Buyer and shall grant Buyer or procure the grant of access to Seller’s premises for such purposes or any other premises where such Equipment and Plant may be located. Such inspection shall not constitute acceptance of the Equipment and Plant. (d) All such Equipment and Plant shall be in the care and possession of Seller solely for the purposes of the Agreement and shall not be within the ownership or disposition of Seller. (e) No Progress Payment or interim Certificate of Payment issued by Buyer shall prejudice its right to reject Equipment or Plant which is not in accordance with the Agreement. Upon any such rejection the property in the rejected Equipment or Plant shall immediately revert to Seller. (f) Seller shall transfer title to the Work to Buyer at the earliest to occur of (i) when the Equipment and/or Materials are brought on the Site; (ii) the specific Equipment and/or Materials are included in a request for a Progress Payment; and (iii) when the Equipment and/or Materials are appropriated for use in the Project. Seller shall cause the Contractor to transfer the Work supplied and performed by the Contractor to Buyer (x) prior to the Closing, free and clear of all Liens other than than (A) mechanics liens relating to the Work supplied and performed by the Contractor’s Subcontractors that have not yet been paid and (B) amounts payable to Contractor’s Subcontractors that are being disputed in good faith provided that the Contractor has posted a bond against such Liens with a bonding company or other surety reasonably acceptable to Buyer, and (y) upon the Closing, free and clear of all Liens. Seller shall indemnify and keep indemnified the Buyer against any claims, losses or damage arising from any defect in title or encumbrances or charge upon any of the Equipment and Plant supplied pursuant to this Agreement. (g) Where, prior to delivery, the property in Equipment and Plant passes to Buyer, Seller shall, so far as is practicable, set the Equipment and Plant aside and xxxx it as Buyer’s property in a manner reasonably required by Buyer. Until the Equipment and Plant has been so set aside and marked, Buyer shall be entitled to withhold any Progress Payment to which Seller might otherwise be entitled. Seller shall permit Buyer at any time upon reasonable notice to inspect any Equipment or Plant which has become the property of Buyer and shall grant Buyer or procure the grant of access to Seller’s premises for such purposes or any other premises where such Equipment and Plant may be located. Such inspection shall not constitute acceptance of the Equipment and Plant. (h) All such Equipment and Plant shall be in the care and possession of Seller solely for the purposes of the Agreement and shall not be within the ownership or disposition of Seller. (i) With respect to any Lien or Claim relating to the Project other than Permitted Liens (i) arising through the Contractor or any Subcontractor, Seller agrees to cause the Contractor or Subcontractor to promptly remove or cause, or cause to be removed, any such Lien or Claim and (ii) Seller agrees promptly remove or cause, or caused to be removed, any such other Liens or Claims not covered by the immediately preceding clause (a).

Marking of Equipment and Plant. ‌ (a) Where, prior to delivery, the property in Equipment and Plant passes to BuyerCompany, Seller Contractor shall, so far as is practicable, set the Equipment and Plant aside and xxxx it as BuyerCompany’s property in a manner reasonably required by BuyerCompany. (b) Until the Equipment and Plant has been so set aside and marked, Buyer Company shall be entitled to withhold any interim Progress Payment to which Seller Contractor might otherwise be entitled. (c) Seller Contractor shall permit Buyer Company at any time upon reasonable notice to inspect any Equipment or Plant which has become the property of Buyer Company and shall grant Buyer Company or procure the grant of access to SellerContractor’s premises for such purposes or any other premises where such Equipment and Plant may be located. Such inspection shall not constitute acceptance of the Equipment and Plant. (d) All such Equipment and Plant shall be in the care and possession of Seller Contractor solely for the purposes of the Agreement Contract and shall not be within the ownership or disposition of SellerContractor. (e) No Progress Payment or interim Certificate of Payment issued by Buyer Company shall prejudice its right to reject Equipment or Plant which is not in accordance with the AgreementContract. Upon any such rejection the property in the rejected Equipment or Plant shall immediately revert to SellerContractor. (f) Seller Contractor shall transfer title to the Work to Buyer Company at the earliest to occur of (i) when the Equipment and/or Materials are brought on the Site; (ii) the specific Equipment and/or Materials are included in a request for a Progress Payment; and (iii) when the Equipment and/or Materials are appropriated for use in the Project. Seller Contractor shall cause the Contractor Contractors to transfer the Work supplied and performed by the Contractor Contractors to Buyer Company (x) prior to the ClosingSubstantial Completion Date, free and clear of all Liens other than (A) mechanics liens relating to the Work supplied and performed by the Contractor’s Contractors’ Subcontractors that have not yet been paid and (B) amounts payable to Contractor’s Contractors’ Subcontractors that are being disputed in good faith provided that the Contractor has Contractors have posted a bond against such Liens with a bonding company or other surety reasonably acceptable to BuyerCompany in its reasonable judgment, and (y) upon the ClosingSubstantial Completion Date, free and clear of all Liens. Seller Contractor shall indemnify and keep indemnified the Buyer Company against any claims, losses or damage arising from any defect in title or encumbrances or charge upon any of the Equipment and Plant supplied pursuant to this AgreementContract. (g) Where, prior to delivery, the property in Equipment and Plant passes to Company, Contractor shall, so far as is practicable, set the Equipment and Plant aside and xxxx it as Company’s property in a manner reasonably required by Company. Until the Equipment and Plant has been so set aside and marked, Company shall be entitled to withhold any Progress Payment to which Contractor might otherwise be entitled. Contractor shall permit Company at any time upon reasonable notice to inspect any Equipment or Plant which has become the property of Company and shall grant Company or procure the grant of access to Contractor’s premises for such purposes or any other premises where such Equipment and Plant may be located. Such inspection shall not constitute acceptance of the Equipment and Plant. (h) All such Equipment and Plant shall be in the care and possession of Contractor solely for the purposes of the Contract and shall not be within the ownership or disposition of Contractor. (i) With respect to any Lien or Claim relating to the Project other than Permitted Liens (i) arising through the Contractor or any Subcontractor, Seller Contractor agrees to cause the Contractor or Subcontractor to promptly remove or cause, or cause to be removed, any such Lien or Claim and (ii) Seller Contractor agrees promptly remove or cause, or caused to be removed, any such other Liens or Claims not covered by the immediately preceding clause (a). (j) Ownership of the Non-Company Materials used in connection with the Work shall remain with Contractor or the Subcontractors. Notwithstanding the transfer of title of the Work pursuant to Section 21.5 the responsibility for care, custody and control thereof, together with the risk of loss or damage thereto shall remain with Contractor until the Substantial Completion Date.