POINTS OF DELIVERY AND REDELIVERY Sample Clauses

POINTS OF DELIVERY AND REDELIVERY. The inlet block valve flange of Gatherer’s metering facilities located at a CDP is the point of delivery for all of the Shipper’s Gas delivered into the applicable Gathering System at such CDP. The outlet block valve flange of Gatherer’s metering facilities located at a Redelivery Point is the point of redelivery for all of the Shipper’s Gas delivered at such Redelivery Point.
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POINTS OF DELIVERY AND REDELIVERY. 4.1 The Point(s) of Delivery for all gas to be tendered by Customer to Company for injection into the Storage Facilities shall be as specified on Exhibit "B" attached hereto, and the maximum daily quantity of gas which Company is obligated to receive from Customer at each individual Point of Delivery shall not exceed the maximum stated thereon. 4.2 The Point(s) of Redelivery for all gas to be tendered by Company to Customer for redelivery pursuant to the terms hereof shall be as specified on Exhibit "B", attached hereto, and the maximum quantities of gas which Company is obligated to redeliver to Customer at each such Point of Redelivery shall not exceed the maximum stated thereon.
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POINTS OF DELIVERY AND REDELIVERY. 4.1 The Points of Delivery by Customer's Suppliers to Mobile Gas shall be as specified in Exhibit B. From time to time during the term of this Agreement, Customer may change the Primary Point(s) of Delivery hereunder by giving at least thirty (30) days advance written notice of such change (the "Primary Point Change"). Mobile Gas shall accept the Primary Point Change as long as sufficient capacity is available in its Bellingrath Pipeline System, including but not limited to the pipeline, meter station, and interconnects, to transport the requested volume from the newly designated Primary Point(s) of Delivery to Customer's Plant. If sufficient capacity is not available, Mobile Gas shall give written notification to Customer within fifteen (15) days of receipt of Customers notice of Primary Point Change of its non-acceptance of the Primary Point Change. 4.2 The Secondary Point(s) of Delivery by Customer's Suppliers to Mobile Gas shall be as specified in Exhibit B. Transportation service from Secondary Points of Delivery shall be on an interruptible basis. Customer shall have no bumping rights at Secondary Points of Delivery. Mobile Gas shall receive nominated gas at one or more Secondary Points, as long as sufficient capacity is available in its Bellingrath Pipeline System, including but not limited to the pipeline, meter station, and interconnects, to transport the requested volume from the designated Secondary Point(s) of Delivery to the Plant.
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POINTS OF DELIVERY AND REDELIVERY. 4.1 Gas shall be tendered by Customer's Transporter to Mobile Gas for transportation hereunder at the Point of Delivery specified in EXHIBIT A. Customer's Transporter shall be responsible for providing all facilities required to deliver Gas to the Point of Delivery at a minimum delivery pressure of 550 psig. *** shall not *** to the extent that *** and *** complies with *** provided ***. Both parties recognize that the operations of Customer's Transporter may result in gas being delivered at less than 550 psig from time to time and that when that occurs, Mobile Gas will use its best efforts to continue to deliver Customer's Gas at sufficient volumes and pressures, in an effort to enable Customer to continue its operations. Nominated deliveries of Gas by Customer's Transporter to Mobile Gas for the account of Customer at the Point of Delivery shall be credited to Customer's account with Mobile Gas on a daily basis. 4.2 The "Minimum Redelivery Pressure" at the Point of Redelivery shall be 500 psig or such other minimum delivery pressure, not to exceed 500 psig, as Customer may from time to time designate by written notice to Mobile Gas; provided that, Gas shall be deemed to have been delivered at the Minimum Redelivery Pressure to the extent such Gas is delivered at the Point of Redelivery at a lower pressure and such lower pressure does not impact Customer's ability to operate the Customer's Facility. Maintenance by Mobile Gas of Gas delivery pressure at the Point of Redelivery at a minimum of 500 psig and a maximum of 575 psig at the Point of Redelivery shall be deemed adequate to facilitate redelivery of Gas to Customer at the Delivery Point for purposes of this Agreement. In the event Mobile Gas is unable to maintain Gas delivery pressure at the Point of Redelivery at a minimum of 500 psig, Mobile Gas will notify Customer as soon as practicable as to all measures which Mobile Gas will undertake to eliminate and/or mitigate such inability, and will consider and respond to all input received from Customer in a timely manner concerning such elimination and/or mitigation measures. 4.3 Customer shall own and shall be solely responsible for the design, installation, construction, operation and maintenance of its pipeline from the Point of Redelivery to the Customer's Facility. Mobile Gas shall own and shall be solely responsible for the design, installation, construction, operation and maintenance of all facilities commencing at the Point of Delivery and termi...
Sample 1
POINTS OF DELIVERY AND REDELIVERY. 5.1 The point of delivery for measurement, allocation and transfer of possession of gas received by Gatherer hereunder shall be at the inlet flange of Gatherer’s meter station located immediately downstream of Producer’s separation facilities (the “Point(s) of Delivery” or “Delivery Point(s)”). 5.2 The point of redelivery for measurement, allocation and transfer of possession of gas from Gatherer to Producer shall be at the inlet flange of the existing meter located at a point of interconnection of Gatherer’s System and Transwestern Pipeline Company’s meter site located in Sxxxxxx 00, X-00X, X-00X, Xxxxxx Xxxxxx, New Mexico (the “Point(s) of Redelivery” or “Redelivery Point(s)”). One or more additional Points of Redelivery may be designated from time to time by mutual consent of the parties. 5.3 As between Producer and Gatherer, Producer shall be in control and possession of the gas delivered hereunder until the same shall have been delivered to Gatherer at the Point of Delivery, and Producer shall also be liable and responsible for any damages or injuries resulting from the delivery of the gas until Producer shall have delivered the same to Gatherer at the Point of Delivery, except for damages and injuries which result solely and proximately from Gatherer’s negligence. From and after the Point of Delivery, Gatherer shall be in control and possession of the gas and Gatherer shall be liable and responsible for any leaks, blowouts, damages or injuries caused thereby until the same shall have been redelivered to Producer or Producer’s designee at the Point of Redelivery; provided, however, title to all liquefiable hydrocarbons and gas transported hereunder shall at all times remain in and with Producer. 5.4 If in Gatherer’s reasonable good faith judgment it becomes commercially unprofitable for Gatherer to maintain and operate a connection at any Point of Delivery, then Gatherer may elect to terminate this Agreement as it applies to any such Point of Delivery by giving Producer one hundred eighty (180) days prior written notice of such election.
Sample 1
POINTS OF DELIVERY AND REDELIVERY. 3.1 The Point(s) of Delivery for all gas to be tendered by Customer to Company for injection into the Storage Facilities shall be: (a) the interconnection between the Storage Facilities and the pipeline facilities of AIM in Xxxxxxxxx County, Mississippi; (b) the interconnection between the Storage Facilities and the pipeline facilities of Tennessee in Xxxxxxx County, Mississippi; and (c) the interconnection between the Storage Facilities and the pipeline facilities of Transco in Xxxxxxxxx County, Mississippi. 3.2 The Point(s) of Redelivery for all gas to be tendered by Company to Customer for redelivery pursuant to the terms hereof shall be: (a) the interconnection between the Storage Facilities and the pipeline facilities of AIM in Xxxxxxxxx County, Mississippi; (b) the interconnection between the Storage Facilities and the pipeline facilities of Xxxx in Xxxxxxx County, Mississippi; (c) the interconnection between the Storage Facilities and the pipeline facilities of Tennessee in Xxxxxxx County, Mississippi; and (d) the interconnection between the Storage Facilities and the pipeline facilities of Transco in Xxxxxxxxx County, Mississippi.
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Related to POINTS OF DELIVERY AND REDELIVERY

  • Delivery and Redelivery of Securities for Carrying Purposes The Manager may deliver to you from time to time prior to the termination of the applicable AAU pursuant to Section 9.1 hereof against payment, for carrying purposes only, any Securities or Other Securities purchased by you under the applicable AAU or any Intersyndicate Agreement which the Manager is holding for sale for your account but which are not sold and paid for. You will redeliver to the Manager against payment any Securities or Other Securities delivered to you for carrying purposes at such times as the Manager may demand.

  • Delivery and Risk 4.1 Time of delivery shall not be of the essence in any agreement between the Parties. 4.2 WHILST EVERY EFFORT WILL BE MADE TO DISPATCH AND DELIVER THE GOODS AS ADVISED, THE SELLER DOES NOT GUARANTEE DISPATCH AND/OR DELIVERY ON ANY SPECIFIC DATE AND SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING CONSEQUENTIAL DAMAGES THAT MAY BE SUFFERED BY THE PURCHASER AND/OR ANY THIRD PARTY AS A RESULT OF ANY DELAYS IN THE DELIVERY OF THE GOODS THAT MAY OCCUR, SAVE TO THE EXTENT THAT THE SELLER IS FOUND TO BE LIABLE FOR ANY LOSSES IN TERMS OF SECTION 47 OF THE CONSUMER PROTECTION ACT 68 OF 2008 AS AMENDED. 4.3 The Purchaser shall not be entitled to cancel any order as a result of any delay in delivery of the Goods. 4.4 Should the Seller be prevented from the performance of any of its obligations because of force majeure (which includes but is not limited to an event that prevents or delays the Seller from being able to perform an obligation, wars, insurrections, strikes, pandemics, acts of God, natural disasters, governmental actions or controls, government restrictions and/or water or energy supply restrictions), or any cause whatsoever beyond the control of the Seller, the Seller shall be entitled at its option to cancel the agreement with the Purchaser or to suspend performance of its obligations there under and shall not be liable whatsoever for any loss or damage, consequential or otherwise, resulting from such inability to perform its obligations, cancellation, or suspension. 4.5 Unless otherwise agreed in writing, delivery and passing of the risk in the Goods shall be deemed to have taken place when the Goods are offloaded at the Purchaser’s premises. 4.6 The Seller reserves the right to refuse an order within 10 (ten) business of such order being received by the Seller where costs have escalated due to any contingencies or circumstances not within the Seller’s control. 4.7 The Seller’s deliveries shall be effected “ex works” for the account and at the risk of the Purchaser. Transport insurance shall be arranged at the Purchaser’s written request and for its account. The Seller shall have the right to demand a prepayment on the insurance premium by the Purchaser. In the absence of specific instructions by the Purchaser, the Seller shall determine the shipping route and carrier. The transport packaging shall be product-related and consider the statutory regulations as may be made from time to time. The Seller shall bear the packing charges, which shall be determined at the Seller’s discretion. The packaging shall be taken back at the Purchaser’s request and expense.

  • Delivery and Documents 13.1 Subject to GCC Sub-Clause 33.1, the delivery of the Goods and completion of the Related Services shall be in accordance with the List of Goods and Delivery Schedule specified in the Supply Requirements. The details of shipping and other documents to be furnished by the Supplier are specified in the SCC.

  • Delivery and Control (i) With respect to any Investment Related Property consisting of Securities Accounts or Securities Entitlements, it shall cause the securities intermediary maintaining such Securities Account or Securities Entitlement to enter into an agreement substantially in the form of Exhibit C hereto pursuant to which it shall agree to comply with the Collateral Agent’s “entitlement orders” without further consent by such Grantor. With respect to any Investment Related Property that is a “Deposit Account,” it shall cause the depositary institution maintaining such account to enter into an agreement substantially in the form of Exhibit D hereto, pursuant to which the Collateral Agent shall have both sole dominion and control over such Deposit Account (within the meaning of the common law) and “control” (within the meaning of Section 9-104 of the UCC) over such Deposit Account. Each Grantor shall have entered into such control agreement or agreements with respect to: (i) any Securities Accounts, Securities Entitlements or Deposit Accounts that exist on the Credit Date, as of or prior to the Credit Date and (ii) any Securities Accounts, Securities Entitlements or Deposit Accounts that are created or acquired after the Credit Date, as of or prior to the deposit or transfer of any such Securities Entitlements or funds, whether constituting moneys or investments, into such Securities Accounts or Deposit Accounts. In addition to the foregoing, if any issuer of any Investment Related Property is located in a jurisdiction outside of the United States, each Grantor shall take such additional actions, including, without limitation, causing the issuer to register the pledge on its books and records or making such filings or recordings, in each case as may be necessary or advisable, under the laws of such issuer’s jurisdiction to insure the validity, perfection and priority of the security interest of the Collateral Agent. Upon the occurrence of an Event of Default, the Collateral Agent shall have the right, without notice to any Grantor, to transfer all or any portion of the Investment Related Property to its name or the name of its nominee or agent. In addition, the Collateral Agent shall have the right at any time, without notice to any Grantor, to exchange any certificates or instruments representing any Investment Related Property for certificates or instruments of smaller or larger denominations.

  • Manner of Delivery All notices communications and other materials to be given or delivered under the Loan Papers shall, except in those cases where giving notice by telephone is expressly permitted, be given or delivered in writing. All written notices, communications and materials shall be sent by registered or certified mail, postage prepaid, return receipt requested, by telecopier, or delivered by hand. In the event of a discrepancy between any telephonic notice and any written confirmation thereof, such written confirmation shall be deemed the effective notice except to the extent Administrative Agent, any Lender or the Borrower has acted in reliance on such telephonic notice.

  • Terms of Delivery The Terms of Delivery are contained in the General Conditions of Contract (GCC) and Special Conditions of Contract.

  • Delivery and Risk of Loss Unless otherwise provided for in advance, all shipments will be made F.O.B. Seller's facility, and upon Seller's delivery of a shipment to the carrier, Buyer shall assume the risk of any loss or damage to the shipment thereafter. Delivery and/or completion dates furnished by Seller represent the best estimates of the time required to make shipment or complete services, and Seller does not guarantee delivery or completion by a particular date unless otherwise stated herein or in any schedule or addendum attached hereto. If a delivery date for products is guaranteed herein, (a) Seller’s unexcused delay in delivering one installment to the carrier at Seller’s facility shall permit Buyer to cancel only that installment, and acceptance by Buyer or the act of taking possession of products by the carrier shall constitute a bar to any claim of late delivery with respect to such products and (b) Buyer shall not be excused from performance if for any reason, the carrier does not pick up products on the date specified for shipping, and Seller may dispose of any products which the carrier does not pick-up within five (5) days of the date agreed for delivery to the carrier at Seller’s facility if Buyer refuses acceptance based on such delay, in which case Seller may cancel the order without notice to Buyer and Buyer shall be responsible for a 25% restocking fee as to the products ordered. In any such event, Seller shall have no duty to mitigate its damages. Seller may deliver any products subject to an order to the carrier at its facility in part and in such event, Buyer shall be responsible for payment for that part of the order received by the carrier, and Seller shall only be responsible for that portion of an order which Seller is required to but does not deliver.

  • DELIVERY AND TITLE A. The place of delivery for all Products sold pursuant to this Agreement shall be FOB Plant. Buyer and Buyer’s agents shall be given access to Seller’s Plant in a manner and at all times reasonably necessary and convenient for Buyer to take delivery as provided herein. Buyer shall schedule the loading and shipping of all outbound Products purchased hereunder which is shipped by rail. All labor and equipment necessary to load rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all Products in a good and workmanlike manner in accordance with Buyer’s reasonable requirements and in accordance with normal industry practice. Seller shall maintain the rail loading facilities in safe operating condition in accordance with normal industry standards. B. Seller shall be responsible at all times for the quantity, quality and condition of any Products in storage at the Plant. Seller shall not be responsible for the quantity, quality and condition of any of Products stored by Buyer at locations other than the Plant. C. Buyer shall give to Seller a schedule of quantities of the Products to be removed by rail with sufficient advance notice reasonably to allow Seller to provide the required services. Seller shall provide the labor, equipment and facilities necessary to meet Buyer’s loading schedule and, except for any consequential or indirect damages, shall be responsible for Buyer’s actual costs or damages resulting from Seller’s failure to do so. Buyer shall order and supply rail cars as scheduled for rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly to Buyer. D. Buyer shall provide loading orders as necessary to permit Seller to maintain Seller’s usual production schedule, provided, however, that Buyer shall not be responsible for failure to schedule removal of the DDGS unless Seller shall have provided to Buyer production schedules as follows: Five (5) days prior to the beginning of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcar. Seller shall inform Buyer daily of inventory and production status. For purposes of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Xxxxxxx, Facsimile number 000-000-0000 or email to xxxxxxxx@xxx-xxxxx.xxx, and If to Seller, to the attention of Xxxxx Xxxxxx, Facsimile number 000-000-0000 or email to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, Or to such other representatives of Buyer and Seller as they may designate to the other in writing. E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS into rail cars and delivering to Buyer of the xxxx of lading for each such shipment.

  • Place of Delivery and Governing Law This Agreement shall be deemed in effect when a fully executed counterpart thereof is received by the Seller in the State of New York and shall be deemed to have been made in the State of New York. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REFERENCE TO ITS CONFLICT OF LAW PROVISIONS (OTHER THAN SECTION 5-1401 OF THE GENERAL OBLIGATIONS LAW), AND THE OBLIGATIONS, RIGHTS AND REMEDIES OF THE PARTIES HEREUNDER SHALL BE DETERMINED IN ACCORDANCE WITH SUCH LAWS.

  • Delivery of Documents; Delivery Dates (a) The Trustee is hereby directed (i) to execute and deliver the Intercreditor Agreement, the Escrow Agreement and the NPA on or prior to the Issuance Date, each in the form delivered to the Trustee by the Company, and (ii) subject to the respective terms thereof, to perform its obligations thereunder. Upon request of the Company and the satisfaction or waiver of the closing conditions specified in the Underwriting Agreement, the Trustee shall execute, deliver, authenticate, issue and sell Applicable Certificates in authorized denominations equaling in the aggregate the amount set forth, with respect to the Applicable Trust, in Schedule I to the Underwriting Agreement evidencing the entire ownership interest in the Applicable Trust, which amount equals the maximum aggregate principal amount of Equipment Notes which may be purchased by the Trustee pursuant to the NPA. Except as provided in Sections 3.03, 3.04, 3.05 and 3.06 of the Basic Agreement, the Trustee shall not execute, authenticate or deliver Applicable Certificates in excess of the aggregate amount specified in this paragraph. The provisions of this Section 5.01(a) supersede and replace the first sentence of Section 3.02(a) of the Basic Agreement, with respect to the Applicable Trust. (b) After the Issuance Date, the Company may deliver from time to time to the Trustee a Closing Notice relating to one or more Equipment Notes. After receipt of a Closing Notice and in any case no later than one Business Day prior to a Scheduled Closing Date as to which such Closing Notice relates (the “Applicable Closing Date”), the Trustee shall (as and when specified in the Closing Notice) instruct the Escrow Agent to provide a Notice of Purchase Withdrawal to the Depositary requesting (A) the withdrawal of one or more Deposits on the Applicable Closing Date in accordance with and to the extent permitted by the terms of the Escrow Agreement and the Deposit Agreement and (B) the payment of all, or a portion, of such Deposit or Deposits in an amount equal in the aggregate to the purchase price of such Equipment Notes to or on behalf of the Company, all as shall be described in the Closing Notice. The Trustee shall (as and when specified in such Closing Notice), subject to the conditions set forth in Section 2 of the NPA, enter into and perform its obligations under the Participation Agreement specified in such Closing Notice (the “Applicable Participation Agreement”) and cause such certificates, documents and legal opinions relating to the Trustee to be duly delivered as required by the Applicable Participation Agreement. If at any time prior to the Applicable Closing Date, the Trustee receives a notice of postponement pursuant to Section 1(e) or 1(f) of the NPA, then the Trustee shall give the Depositary (with a copy to the Escrow Agent) a notice of cancellation of such Notice of Purchase Withdrawal relating to such Deposit or Deposits on such Applicable Closing Date. Upon satisfaction of the conditions specified in the NPA and the Applicable Participation Agreement, the Trustee shall purchase the applicable Equipment Notes with the proceeds of the withdrawals of one or more Deposits made on the Applicable Closing Date in accordance with the terms of the Deposit Agreement and the Escrow Agreement. The purchase price of such Equipment Notes shall equal the principal amount of such Equipment Notes. Amounts withdrawn from such Deposit or Deposits in excess of the purchase price of the Equipment Notes or to the extent not applied on the Applicable Closing Date to the purchase price of the Equipment Notes, shall be re-deposited by the Trustee with the Depositary on the Applicable Closing Date in accordance with the terms of the Deposit Agreement. The provisions of this Section 5.01(b) supersede and replace the provisions of Section 2.02 of the Basic Agreement with respect to the Applicable Trust, and all provisions of the Basic Agreement relating to Postponed Notes and Section 2.02 of the Basic Agreement shall not apply to the Applicable Trust. (c) The Trustee acknowledges its acceptance of all right, title and interest in and to the Trust Property to be acquired pursuant to Section 5.01(b) of this Trust Supplement, the NPA and each Applicable Participation Agreement, and declares that it holds and will hold such right, title and interest for the benefit of all present and future Applicable Certificateholders, upon the trusts set forth in the Agreement. By its acceptance of an Applicable Certificate, each initial Applicable Certificateholder, as a grantor of the Applicable Trust, joins with the Trustee in the creation of the Applicable Trust. The provisions of this Section 5.01(c) supersede and replace the provisions of Section 2.03 of the Basic Agreement, with respect to the Applicable Trust.

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