Producer’s Dedication and Delivery Commitment Sample Clauses

Producer’s Dedication and Delivery Commitment. (a) Subject to the terms and conditions of this Agreement, and only for the duration of the Term hereof, Producer hereby: (i) grants, conveys, assigns, commits and dedicates to Carrier the exclusive right, during the Term, to gather and transport from the Receipt Points to the Delivery Point(s), with the exception of the Excluded Crude Oil, (A) all of Producer’s (and its Affiliates’) share of Crude Oil (i) in place, and yet to be produced, in and under the Dedication Area from or attributable to the Leases and Wxxxx, and (ii) produced from the Leases and Wxxxx, excluding any Crude Oil produced from a Well operated by a third party for which Producer (or its Affiliate) has not elected to take “in-kind” (subject to such exclusions, “Producer’s Crude Oil”), and (B) all Crude Oil produced from any Well operated by Producer (or its Affiliate) that is owned by third party working interest owners, royalty owners and overriding royalty owners that is not taken “in-kind” by such third party owners, and for which Producer has the right and/or obligation to market such Crude Oil, but only for so long as such third party owners do not elect to take such Crude Oil “in-kind” and Producer has the right and/or obligation to market such Crude Oil (subject to such limitations and exclusions, “Other Owner’s Crude Oil”) (Producer’s Crude Oil and Other Owner’s Crude Oil are collectively, “Committed Crude Oil”); and (ii) grants, conveys and assigns to Carrier a restrictive covenant in, to and burdening the Leases and Wxxxx, that neither Producer nor any of its Affiliates shall produce, gather and deliver any Committed Crude Oil or Excluded Crude Oil except in accordance with the terms of this Agreement or as otherwise provided hereunder. (b) As used herein, “Excluded Crude Oil” means (i) Crude Oil in, under and/or produced from any Leases or Wxxxx acquired after the date of this Agreement that are subject to prior dedication (but only for the minimum duration of that dedication) (ii) any Crude Oil from Producer’s existing vertical wxxxx in the Dedication Area, and (iii) any Crude Oil produced that is subject to Temporary Release or Permanent Release.
Sample 1
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Related to Producer’s Dedication and Delivery Commitment

  • Shipment and Delivery Seller grants the Company the right at any time to specify the carrier and/or method of transportation to be employed in conveying any part or all of the Goods covered herein. In the event that Seller uses an unauthorized carrier and/or method of transportation, then all shipping expenses shall be assumed by Seller. Unless otherwise stated in the Order, all Goods will be shipped FCA shipment point. FCA shall be interpreted in accordance with the version of Incoterms valid at the time of the Seller’s acceptance of the Order. The Seller shall be responsible for preparing and filing all export documentation for all shipments. The Company shall not be obligated to accept early deliveries, partial deliveries or excess deliveries. If Goods are incorrectly delivered, the Seller shall be responsible for any additional expense incurred in delivering the Goods to the correct destination. The delivery date set forth on the Order is of the essence of the Contract. If the Seller anticipates that it will not be able to deliver the Goods upon the agreed delivery date, then the Seller shall immediately notify the Company thereof in writing; provided, however, that such notice shall not relieve the Seller of its responsibilities and liabilities with respect to on-time delivery hereunder. In such event, the Company may request that the Seller expedite delivery to the maximum extent possible at the Seller’s sole expense. If the Seller does not deliver the Goods by the agreed delivery date, then the Company shall be entitled to liquidated damages as agreed between the parties, up to and including the total Order value. Notwithstanding the foregoing, the Company reserves the right to claim repayment for any and all costs, losses, expenses and damages incurred by the Company that are attributable to the Seller’s delay in delivery. Such liquidated damages shall be paid at the Company’s written demand. Partial deliveries shall not relieve the Seller from liability for any late delivery hereunder. If the Seller discovers that it has shipped any non-conforming Goods to the Company, it shall immediately (and not more than 24 hours after such discovery) notify the Company thereof in writing; provided, however, that such notice shall not relieve the Seller of its responsibilities and liabilities with respect to defective goods hereunder.

  • Required Acceptance of Daily Load Deliveries and Notification If the State is harmed by purchaser’s refusal to accept up to 10 truck deliveries of any one sort per day, Purchaser will be in breach of contract and subject to damages as per the D-026.2 and D-027.2 clauses. A truck delivery is all the wood delivered including sorts on super trucks, mule trains and pups brought to the delivery point by a single truck. The Purchaser shall notify the Contract Administrator at least 48 hours in advance if: 1. Purchaser intends to limit the number of truck deliveries accepted on any day to less than that listed above, or 2. Purchaser intends to limit the number of truck deliveries accepted on any day to the number listed above.

  • Transportation and Delivery Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and Contractor suspension.

  • Appointment of and Acceptance by Escrow Agent The Investor(s) and the Company hereby appoint Escrow Agent to serve as Escrow Agent hereunder. Escrow Agent hereby accepts such appointment and, upon receipt by wire transfer of the Escrow Funds in accordance with Section 3 below, agrees to hold, invest and disburse the Escrow Funds in accordance with this Agreement. a. The Company hereby acknowledges that the Escrow Agent is counsel to the Investor(s) in connection with the transactions contemplated and referred herein. The Company agrees that in the event of any dispute arising in connection with this Escrow Agreement or otherwise in connection with any transaction or agreement contemplated and referred herein, the Escrow Agent shall be permitted to continue to represent the Investor(s) and the Company will not seek to disqualify such counsel.

  • Limitations on Execution and Delivery, Transfer, etc of ADSs;

  • Project Delivery Contractor shall construct the Project in accordance with the Contract Documents, and Contractor shall deliver the Project completed in accordance with the Contract Documents, substantially free from defects, and within the Contract Time.

  • Services and Deliverables The Services and the required Deliverables for the Services are specified below. Service Type Output Measure Quantity per annum Number of Service Users Funding amount per annum (excl. GST) $ $ $ Description of Services Funding amount one-off (excl. GST) $ Service Type Output Measure Quantity per annum Number of Service Users Funding amount (excl. GST) $ $ $ Description of Services Funding amount one-off (excl. GST) $ *Note: Refer to clause 4.8 in the Funding and Service Details about permitted variations in output quantities.

  • ORDERING AND DELIVERY An Order will be binding on both parties when signed by authorized representatives of Licensee. Each Order shall include the following information: (a) the Software licensed or to which Support and Maintenance shall apply, and (b) the applicable fees. No additional or different terms in any purchase order or similar document shall modify the terms of this Agreement. For purposes of this Agreement, initial delivery of the Software and Documentation will be deemed to have occurred upon MyECheck providing Licensee with a password to access a web page from which Licensee may download the Software and Documentation. The Software will be deemed accepted upon initial delivery, subject to the warranties in Section 9.

  • Closing and Deliveries 10 4.1 Closing.......................................................................................10

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