Non-Delivery by Seller Sample Clauses

Non-Delivery by Seller. In the event that Seller fails to make a purchased Listing available for delivery to Buyer within 72 hours of full payment of the Listing, EXA will return to Buyer an amount equal to the Buyer’s Fee (as hereinafter defined) if paid in full less any administrative charge incurred by EXA in processing the refund. Seller will not be entitled to the return of any fee paid by Seller on account of that sale and will be liable to EXA for any amount refunded to Buyer and any fee or administrative charge incurred by EXA to refund the Buyer’s Fee to Buyer.
Sample 1
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Non-Delivery by Seller. In the event that Seller fails to make a purchased VEHICLE or Item available for delivery to Buyer within 48 hours of full payment of the VEHICLE, EXCLUSIVE will return to Buyer an amount equal to the Buyer’s Fee (as hereinafter defined) if paid in full less any administrative charge incurred by EXCLUSIVE in processing the refund. Seller will not be entitled to the return of any fee paid by Seller on account of that sale and will be liable to EXCLUSIVE for any amount refunded to Buyer and any fee or administrative charge incurred by EXCLUSIVE to refund the Buyer’s Fee to Buyer.
Sample 1
Non-Delivery by Seller. In the event that Seller fails to make a purchased LISTING (Vehicle | Equipment and/or Items) available for transfer to Buyer within 72 hours (or other agreed upon time-frame) of Buyers full payment of the purchased LISTING (Vehicle | Equipment and/or Items), EXCLUSIVE will return to Buyer an amount equal to the Buyer’s Premium (as defined herein) if paid in full. Seller will not be entitled to the return of any fee(s) paid by Seller on account of the sale. Seller will be liable to EXCLUSIVE for any amount refunded to Buyer and any fees or administrative charges incurred by EXCLUSIVE to refund the Buyer’s Premium to Buyer. Said amounts will be charged to the Seller's Payment Account.
Sample 1

Related to Non-Delivery by Seller

  • Non Delivery C15.1 Where the Goods, having been placed in transit, fail to be delivered to the Authority on the due date for delivery, the Authority shall, (provided that the Authority has been advised in writing of the dispatch of the Goods), within ten (10) Working Days of the notified date of delivery, give notice to the Contractor that the Goods have not been delivered and may request the Contractor free of charge to deliver substitute Goods within the timescales specified by the Authority or terminate the Contract in accordance with clause C13.4 (Delivery).

  • Deliveries by Seller At the Closing, Seller shall deliver, or cause to be delivered, to Buyer the following:

  • Deliveries by Buyer At the Closing, Buyer shall deliver to Seller the following:

  • NON-DELIVERY OF POSSESSION In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the Lease term, through no fault of Landlord or its agents, then Landlord or its agents shall have no liability, but the rental herein provided shall xxxxx until possession is given. Landlord or its agents shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the demised Premises and pay the rental herein provided from that date. In the event possession cannot be delivered within such time, through no fault of Landlord or its agents, then this Agreement and all rights hereunder shall terminate.

  • Buyer’s Deliveries At the Closing, Buyer shall deliver the following to Seller:

  • Use of Roads by Purchaser Except as provided herein, Purchaser is authorized to use existing National Forest system roads and Specified Roads listed in A7, when Forest Service determines that such use will not cause damage to the roads or National Forest re- sources. If Purchaser’s use of an existing temporary or Na- tional Forest system road, not listed in A7, cannot be sat- isfactorily accommodated without reconstruction, Pur- chaser shall be authorized to use such road upon agree- ment as to the minimum reconstruction work that Pur- chaser shall perform before hauling. When appropriate, such road shall be included in A7 as an alternate facility under B5.26.

  • Indemnity by Buyer Buyer shall release, indemnify and hold harmless Seller, its directors, officers, agents, and representatives against and from any and all loss, Claims, actions or suits, including costs and attorney’s fees resulting from, or arising out of or in any way connected with the Product delivered by Seller under this Agreement after the Delivery Point, including any loss, Claim, action or suit, for or on account of injury to, bodily or otherwise, or death of persons, or for damage to or destruction of property belonging to Buyer, Seller, or others, excepting only such loss, Claim, action or suit as may be caused solely by the willful misconduct or gross negligence of Seller, its Affiliates, or Seller’s and Affiliates’ respective agents, employees, directors or officers.

  • Indemnity by Seller (a) Seller shall release, defend, indemnify and hold harmless Buyer, its directors, officers, agents, attorneys, representatives and Affiliates (“Buyer Group”) against and from any Indemnifiable Losses, which arise out of or relate to or are in any way connected with (i) the Seller’s delivery of the Product to Buyer, (ii) Seller’s or its Affiliates’ ownership, development, construction, operation and/or maintenance of the Project, including the Sites(s); (iii) Third Party Claims arising from Seller’s or its Affiliates’ actions or inactions, including Seller’s breach of this Agreement or other agreements related to the development, construction, ownership, operation or maintenance of the Project or Site; (iv) any environmental matters associated with the Project, including the disposal and transportation of Hazardous Substances by or on behalf of the Seller or at the Seller’s direction or agreement; (v) Third Party Claims arising under any agreement between Seller or its Affiliates ; or (vi) resulting from Seller’s or its Affiliates’ violation of any applicable Law, or requirements of Transmission Provider, Utility Distribution Company, NERC, WECC or Reliability Organization; in each case including any loss, claim, action or suit, for or on account of injury to, bodily or otherwise, or death of, persons, or for damage to or destruction or economic loss of property belonging to Xxxxx, Seller, Seller’s Affiliates, or others, excepting only such Indemnifiable Losses, to the extent solely caused by the willful misconduct or gross negligence of a member of the Buyer Group.

  • Closing Deliveries (a) On or prior to the Closing, the Company shall issue, deliver or cause to be delivered to each Purchaser the following (the “Company Deliverables”):

  • Seller’s Deliveries At the Closing, Seller shall deliver to Buyer:

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