PRE-DELIVERY. If a Total Loss occurs prior to Delivery, this Agreement will immediately terminate and, except as expressly stated in this Agreement, neither party will have any further obligation or liability under this Agreement except that the Lessor will rebate to the Lessee the Security Deposit (if theretofore paid pursuant to Clause 5.1) or, as the case may be, return the Letter of Credit to the Lessee.
PRE-DELIVERY. 5.1 The Company shall monitor in respect of a Flexible Unit the Provider’s progress in achieving the Service Period, Capability Parameters and Service Requirements as set out in Schedule Two prior to the start of each Delivery Season, by reference to the Post Tender Milestones in Schedule Three. The Provider shall provide to the Company by the PTM Date reasonable evidence of satisfaction of the Post Tender Milestones.
5.2 If the Company considers that the requirements of the Post Tender Milestones in respect to a Flexible Unit have not been satisfied and, in the Company’s reasonable opinion, there is no reasonable prospect of the Provider being capable of satisfying the Post Tender Milestones within two (2) months after the PTM Date, the Company may choose to remove the Flexible Unit from the Contract by written notice given to the Provider as soon as reasonably practicable after the PTM Date. The Flexible Unit may be re-added to the Contract at the Company’s discretion.
5.3 For the avoidance of doubt, any incorrect, wrong or inadvertent declaration given by the Provider in attesting to the achievement of any Post Tender Milestones (where applicable) shall constitute a material breach of the terms of this Contract and, in such event, the provisions of Clause 30 shall apply.
5.4 The Provider shall undertake and pass the Proving Test in relation to the Flexible Unit in accordance with Clause 7 at least one (1) month (or as otherwise agreed by the Company) before the start of the first Delivery Season, and prior to each Delivery Season thereafter, or when no Delivery Season is specified in Schedule Two, on notification to the Provider by the Company.
5.5 The Provider shall ensure that all Facilities in relation to the Flexible Unit required to deliver Flexibility Services in accordance with Schedule Two are notified to the Company at least four (4) months before the start of the Delivery Season through the Allocation Process set out in Schedule Four. Where the Provider fails to notify the Company, the Company shall consider the Provider to have declared that no additional Facilities shall be allocated.
5.6 The Provider shall ensure that all Facilities required to deliver Flexibility Services in accordance with Schedule Two, are ready to provide Flexibility Services by the start of the relevant Delivery Season, but (where relevant) no later than the date of a Proving Test pursuant to Clause 5.4.
5.7 Where the Company determines that the Provider in respect of ...
PRE-DELIVERY. 2.1. Subject to clause 2.2 of this Schedule 4:
(a) the Customer must, at the time of submitting the Export Nomination no later than 22 days prior to the ETA of the Vessel, provide CBH with:
(i) a proposed Accumulation Plan; and
(ii) the estimated tonnage of Grain to be delivered and/or nominated to Standard Direct to Port;
(b) Each Customer who provides an Export Nomination which seeks to utilise nominates the Standard Direct to Port Service will be allocated an Assembly Window once they have a confirmed Export Nomination and fixed an ETA, during which time the Customer will be permitted to deliver loads of Grain to the Port Terminal Facility for the purposes of export accumulation;
(c) the Customer must complete and provide CBH with a Pre-Delivery Sample Analysis Form, paying particular attention to completing the section marked 'Treatment';
(d) if requested by CBH, the Customer must provide a one kilogram representative sample from each source of Grain that the Customer intends to deliver to the Port Terminal Facility for placement into Storage. If the grain is from more than one storage type, the Storage identification must be clearly marked on each sample;
(e) the Pre-Delivery Sample Analysis Form with the sample/s for chemical and insect analysis must be couriered direct to: “Australian Grains Centre, 000 Xxxxxxxxx Xxxx, Forrestfield WA 6058”;
(f) CBH will use all reasonable endeavours to provide the Customer with the sample results within 2 Business Days of the sample being received;
(g) each acceptable sample analysis will permit the Customer to deliver the Grain to the Port Terminal Facility during the relevant Assembly Window. If the Customer wishes to deliver Grain to the Port Terminal Facility after the expiry of the Assembly Window, then the Customer must comply with the procedures in this clause again; and
(h) if the sample contains any manageable Contaminants, the Grain must be treated before a new sample is presented for testing. The costs of assessing the new sample will be paid by the Customer.
2.2. CBH may waive compliance with some or all of the obligations in clause 2.1 of this Schedule 4:
(a) provided that the Customer makes a declaration in the Direct to Port Delivery Declaration Form in respect of each load of Grain delivered to the Port Terminal Facility; or
(b) the Grain is being delivered by the Customer directly from a CBH upcountry Site, or it has remained in CBH’s constant care and custody prior to delivery to the Port Terminal...
PRE-DELIVERY. (1) Within thirty (30) days following the date this Lease is signed by Lessee, Lessor shall have received a resolution of the Board of Directors of Lessee, certified by the Secretary or an Assistant Secretary of Lessee, duly authorizing or ratifying the lease of the Aircraft hereunder and the execution, delivery and performance of this Lease, the Lease Supplement, the Tax Indemnification Agreement and the Restructuring Agreement;
(2) Concurrently with the execution and delivery of this Lease by Lessor and Lessee, Lessee shall execute and deliver the Tax Indemnification Agreement and Restructuring Agreement to Lessor;
(3) On or prior to September 30, 2001, Lessor and Manufacturer shall have entered into the Purchase Agreement, and Lessor and the manufacturer of the Engines shall have entered into an agreement (the "Engine Agreement") for the purchase of the Engines, in each case on terms and conditions satisfactory to Lessor in its discretion;
(4) At least one Business Day prior to the expected Delivery Date specified by Lessor as contemplated by Article 2(b) hereof, Lessor shall have received the installment of the Security Deposit that is payable as of such date pursuant to Article 3(c) and Schedule "1" hereof; and
PRE-DELIVERY. Before delivering any Deliverable, you shall:
(i) test the Software component of such Deliverable to confirm that it is fully operable, meets all applicable Requirements, and will function in accordance with the Requirements of the Project;
(ii) ensure such Deliverable is free of Harmful Code; and
(iii) prepare, test, and, as necessary, revise the Deliverable to confirm it is complete and accurate and conforms to all Requirements of the Project.
PRE-DELIVERY. If an Event of Loss occurs prior to delivery of the Aircraft to Lessee, this Agreement will immediately terminate and except as expressly stated in this Agreement neither party will have any further obligation or liability under this Agreement other than pursuant to Clause 17.9, except that Lessor will return to Lessee the Cash Deposit and the Deposit Letter of Credit.
PRE-DELIVERY. (i) On any Business Day prior to the Value Date of a Transaction you may request to pay all or part of the Amount Westpac purchased or Amount we purchased (as applicable) specified in the related Confirmation on a new earlier Value Date (a “Pre- delivery Request”). This request must be made by giving us notice (which may be given orally) provided between 9am and 5pm (Sydney time) on a Business Day. Any notice given after 5pm (Sydney time) on a Business Day is taken to be given the next Business Day, unless we choose, in our sole discretion, to accept any notice provided after 5pm (Sydney time) at the time it is received.
(ii) Following receipt of such notice we will determine, in our sole discretion, whether to notify you of an indicative Amount Westpac purchased or Amount we purchased (as applicable) and indicative Amount Westpac sold or Amount we sold (as applicable) for the portion of the Transaction the subject of the Pre-delivery Request and any changes we would require to any other terms of the Transaction, in our sole discretion (including if the Pre-delivery Request relates to the whole Transaction any changes we would require to the Amount Westpac purchased or Amount we purchased (as applicable) and the Amount Westpac sold or Amount we sold (as applicable)).
(iii) If we notify you of indicative terms as set out in (ii) above, you may notify us that you wish to effect the pre-delivery on the indicative terms provided, by giving us notice, which may be oral notice provided between 9am and 5pm (Sydney time) on a Business Day in Sydney (“Pre-delivery Offer”). If we determine, in our sole discretion, to accept such Pre-delivery Offer, the Transaction will be amended accordingly. Following such amendment, we may issue you with a revised Confirmation for the Transaction. However, a failure to issue you with a revised Confirmation does not adversely affect the validity of the amendment or the Transaction.
(iv) You and we acknowledge and agree that:
(A) if we accept a Pre-delivery Offer to pre-deliver all or part of the Amount Westpac purchased or Amount we purchased (as applicable) for a Transaction, the corresponding Amount Westpac sold or Amount we sold (as applicable) will also be pre-delivered if the Pre- delivery Offer is accepted by us; and
(B) if we accept a Pre-delivery Offer to pre-deliver part of the Amount Westpac purchased or Amount we purchased (as applicable) for a Transaction, the part of the Amount Westpac purchased or Amount we purchased ...
PRE-DELIVERY a. The Hirer and the Owner will jointly inspect and agree a report (Inspection Report) as to the condition of the Equipment before the Equipment is removed from the Owner’s premises prior to the Start Date. The Hirer and the Owner will each execute the Inspection Report forthwith after its completion to signify their agreement to the contents of that report.
b. If the Hirer does not attend for the pre-delivery inspection, and otherwise takes delivery of the Equipment, then the Hirer will be deemed to have agreed and accepted the Inspection Report as executed by the Owner.
c. The Owner will provide to the Hirer a copy of the executed Inspection Report and photographs (if any) of the Equipment as at the Start Date with this Agreement.
d. If the Owner need to incur any additional expense to prepare the Equipment to the Hirer’s site specifications, whether before or after the Equipment has left the Owner's premises, the Owner will notify the Hirer of those additional expenses and agree on a position prior to any expenses being incurred by the Owner. Ver 1
e. Save for any representations in this Agreement and subject to applicable Laws, whether express or implied, the Owner has made and makes no representations as to the suitability of the Equipment for the purpose intended by the Hirer and the Hirer has entered into this Agreement in reliance upon its own judgment and investigations.
f. To the full extent permitted by Law, all conditions, warranties and guarantees that would be implied (by Law, customs or otherwise) are expressly excluded. However, nothing in this Agreement excludes, restricts or limits a condition, warranty or guarantee that is implied under the Australian Consumer Law (or other applicable legislation) that cannot be excluded.
g. If any condition, warranty or guarantee is implied into this Agreement under the Australian Consumer Law (or any other applicable legislation) that cannot be excluded, then, to the extent permitted by the Australian Consumer Law (or other applicable legislation), the Owner's liability is limited to:
i. in the case of goods:
1. the replacement of the goods or the supply of equivalent goods;
2. the repair of the goods;
3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
4. the payment of the cost of having the goods repaired; or
ii. in the case of services:
1. the supplying of the services again; or
2. the payment of the cost of having the services supplied again.
PRE-DELIVERY. All School Buses purchased must pass the State of Ohio Highway Patrol School Bus inspection before delivery is accepted. Any factory defects, upgrades and / or specification flaws that do not comply must be completed before delivery, no exceptions. 76. Radios To be equipped with antennae, antennae wiring and power and ground wiring for two-way radio installation near driver area and ready for radio mounting; District to supply radios, Kenwood Model NX800K, which must be installed and checked for proper operation before delivery.
PRE-DELIVERY. Applicable individual system components and subsystems shall be inspected and tested at Contractor’s or manufacturer’s factory prior to shipment to MTD. These factory tests shall fully exercise functionality of the systems in order to prove out design and interface characteristics. Factory testing shall be intended to simulate the installed environment as closely as practical. These inspections and tests shall verify that all system components contain the correct materials, are assembled properly, and function properly. Complete records shall be kept of all production inspections and tests that are performed including any failures and subsequent corrective measures. Such records shall be available to MTD upon request.
