Montreal, Canada. The equipment comprising the TCS-1 System shall be placed in suitably protected containers the nature of which shall be determined by the Manufacturer. The Operator shall pay all costs of transportation and delivery of the TCS-1 System from the Manufacturer's plant in Montreal to the Site. 7.1.4 In the event that delivery of the TCS-1 System, or any part thereof, for a period not exceeding sixty (60) days, shall be prevented by causes beyond the control of the Seller, including but not limited to acts of God, labor troubles, failure of essential means of transportation, or changes in policy with respect to exports or otherwise by the government of the jurisdiction in which the Operator is located, the Delivery Date shall be rescheduled after all of such causes have been eliminated. In the event, however, that such nondelivery continues after such extended period, the Operator and the Manufacturer shall each have the right to cancel this agreement by written notice, and in such case there shall be no obligation or liability on the part of either party with respect to such undelivered equipment.
Appears in 3 contracts
Samples: Equipment Lease and Purchase Agreement (Tirex Corp), Equipment Lease and Purchase Agreement (Tirex America Inc), Equipment Lease and Purchase Agreement (Tirex America Inc)
Montreal, Canada. The equipment comprising the TCS-1 System shall be placed in suitably protected containers the nature of which shall be determined by the Manufacturer. The Operator shall pay all costs of transportation and delivery of the TCS-1 System from the Manufacturer's plant in Montreal to the Site.
7.1.4 7.1.3 In the event that delivery of the TCS-1 System, or any part thereof, for a period not exceeding sixty (60) 30 days, shall be prevented by causes beyond the control of the Seller, including but not limited to acts of God, labor troubles, failure of essential means of transportation, or changes in policy with respect to exports or otherwise by the government of the jurisdiction in which the Operator is located, the Delivery Date shall be rescheduled after all of such causes have been eliminated. In the event, however, that such nondelivery continues after such extended period, the Operator and the Manufacturer shall each have the right to cancel this agreement by written notice, and in such case there shall be no obligation or liability on the part of either party with respect to such undelivered equipment.
Appears in 1 contract
Samples: Equipment Lease and Purchase Agreement (Tirex America Inc)