Product Lien Sample Clauses

Product Lien. Enterprise shall have, and Customer hereby grants to Enterprise, an express contractual lien and security interest upon all Product in Enterprise’s custody at any time for all of the fees and other amounts payable by Customer to Enterprise pursuant to the Agreement. Enterprise may refuse to redeliver Customer’s Product until all fees and other amounts (including any applicable interest) have been paid. Such lien rights and other remedies of Enterprise provided in the Agreement shall not be exclusive, but shall be cumulative and shall be in addition to all other remedies at law or in equity.
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Product Lien. Title to CUSTOMER’s petroleum products shall at all times remain with CUSTOMER or its assignees, subject to any lien asserted by SFPP. At all times to the extent permitted by law, SFPP shall have all applicable statutory, common law and contractual liens, including the contractual lien that is created hereby, upon CUSTOMER’s petroleum products at any time in the Terminals for any uncured default in payment of the charges and all other monetary obligations, plus any interest thereon, set forth herein, whether such charges or obligations are incident to CUSTOMER’s petroleum products then in the Terminals or otherwise, and in connection with any and all other agreements between SFPP and CUSTOMER. Additionally SFPP may assert as part of its liens, reasonable administrative and legal fees and charges incurred to enforce and administer the liens, not to exceed 20% of the amount of the total value of the obligations plus interest due thereon secured by the liens. CUSTOMER hereby authorizes SFPP to file any financing statement or other document reasonably necessary to perfect or enforce the liens granted herein. To the extent that any warehouse receipt is required for the securing and enforcing of any of the liens granted herein and a separate warehouse receipt has not been issued, this Agreement shall serve as a warehouse receipt. If a separate warehouse receipt is required by CUSTOMER, it will be a non-negotiable warehouse receipt, subject to all the terms herein notwithstanding any conflicting terms on the warehouse receipt.
Sample 1
Product Lien. Terminal Company shall have, and is hereby granted, an express contractual lien and security interest (to the extent of the charges set forth herein) in and upon all Commodities at any time stored or Handled hereunder for User to secure payment of all charges and amounts payable by User to Terminal Company under these Terminal Regulations or under the Agreement between Terminal Company and User. Said lien and security interest shall not be exclusive, but shall be cumulative of and in addition to all other legal and/or equitable liens and/or security interests, rights and remedies that Terminal Company may have, either at law or in equity. If User fails to make any payment required to be made hereunder or under the terms of any other agreement between Terminal Company and User, Terminal Company shall have the right to foreclose its security interest.
Sample 1
Product Lien. MANUFACTURER shall have an expressed contract lien upon all materials and products at this time stored and handled hereunder for all of the charges and amounts payable by CUSTOMER to MANUFACTURER hereunder, or under any other agreements between CUSTOMER and MANUFACTURER. Such lien shall not be exclusive, but shall be cumulative and in addition to all other legal and equitable liens, rights and remedies of MANUFACTURER’S. Should MANUFACTURER exercise its lien rights hereunder, which shall require a minimum of thirty (30) days prior written notice to CUSTOMER, MANUFACTURER has the right to foreclose upon the product and subject to the Lien. MANUFACTURER has the right to sell the material and/or product stored to apply against outstanding indebtedness.
Sample 1
Product Lien. LAZARUS shall have, and DPS hereby grants to LAZARUS, an express contractual lien and security interest upon all Products at any time stored, transferred or handled hereunder for all of the charges and amounts payable by DPS to LAZARUS hereunder. Said contractual lien and security interest may be foreclosed by LAZARUS in accordance with the provisions of Unifonn Commercial Code of the State of Texas in effect from time to time. Such liens shall not be exclusive but shall be cumulative and in addition to all other legal and equitable liens, rights and remedies of LAZARUS. Notwithstanding anything to the contrary contained herein, the lien herein provided for shall only be applicable to indebtedness owed to LAZARUS by DPS under this Agreement.
Sample 1
Product Lien. Shipper hereby grants to Millennium an express contractual lien and security interest upon all Products at any time stored or handled hereunder for all of the charges and amounts payable by Shipper to Millennium hereunder. Said contractual lien and security interest may be foreclosed by Millennium in accordance with the provisions of Article 9 of the Texas Uniform Commercial Code in effect from time to time. Such liens shall not be exclusive but shall be cumulative and in addition to all other legal and equitable liens, rights and remedies of Millennium. Notwithstanding anything to the contrary contained herein, the lien granted in this Section 11 is only applicable to indebtedness owed to Millennium by Shipper under this Agreement.
Sample 1

Related to Product Lien

  • Product Warranty; Product Liability (a) Except as set forth on Company Disclosure Schedule 4.23, the products produced, sold or delivered by the Company in conducting the Business have been in all material respects in conformity with all product specifications and all applicable Laws. To the Company’s Knowledge, the Company has no material Liability for damages in connection therewith or any other customer or product obligations not reserved against on the Balance Sheet.

  • Product Liability The Company has no Liability (and there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against any of them giving rise to any Liability) arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product manufactured, sold, leased, or delivered by the Company.

  • Product Liability Claims As soon as it becomes aware, each party will give the other prompt written notice of any defect or alleged defect in a Product, any injury alleged to have occurred as a result of the use or application of a Product, and any circumstances that may give rise to litigation or recall of a Product or regulatory action that may affect the sale or manufacture of a Product, specifying, to the extent the party has such information, the time, place and circumstances thereof and the names and addresses of the persons involved. Each party will also furnish promptly to the other copies of all papers received in respect of any claim, action or suit arising out of such alleged defect, injury or regulatory action.

  • Third Party Obligations 3.1. The THIRD PARTY shall:-

  • Product Liabilities There are no product recalls, trade disputes, product liabilities or product tampering claims now pending, threatened against or made by or affecting the Company or any of its directors, officers or employees or the businesses, assets or rights of the Company.

  • Product Warranty and Product Liability Schedule 5.17 of the Disclosure Schedule contains a true, correct and complete copy of Company's standard warranty or warranties for sales of Products (as defined below) and, except as stated therein, there are no warranties, commitments or obligations with respect to the return, repair or replacement of Products. Schedule 5.17 of the Disclosure Schedule contains a description of all product liability claims and similar claims, actions, litigation and other proceedings relating to Products which are presently pending or which to Company's knowledge are threatened, or which have been asserted or commenced against Company within the last two (2) years, in which a party thereto either requests injunctive relief (whether temporary or permanent) or alleges damages in excess of $100,000.00 (whether or not covered by insurance). To the best of the Company's knowledge, there are no defects in design, construction or manufacture of Products which would adversely affect performance or create an unusual risk of injury to persons or property. Except as set forth on Schedule 5.17, none of the Products has been the subject of any replacement, field fix, retrofit, modification or recall campaign other than in the ordinary course of business. The Products have been designed and manufactured so as to meet and comply with all governmental standards and specifications currently in effect, and have received all governmental approvals necessary to allow their sale and use. As used herein, the term "Products" means any and all products currently or at any time previously manufactured, distributed or sold by Company, or by any predecessor of Company under any brand name or xxxx under which products are or have been manufactured over the last three (3) years, distributed or sold by Company, in or through the Business.

  • Product Claims You acknowledge that Company, not an App Distributor, is responsible for addressing any claims of yours or any third party relating to the Company application or your possession and/or use of the Company application, including, but not limited to: (i) product liability claims; (ii) any claim that the Company application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (5)

  • Product Liability and Recalls (a) Except a disclosed in Section 3.27 of the Disclosure Schedule or the Company SEC Documents to the Best Knowledge of the Company, there is no claim, or the basis of any claim, against the Company or any of this subsidiaries for injury to person or property of employees or any third parties suffered as a result of the sale of any product or performance of any service by the Company or any of its subsidiaries, including claims arising out of any alleged defective nature of its products or services, which could reasonably be expected to have a Material Adverse Effect on the Company.

  • Infringement Indemnity Except as specifically provided below, Ricoh will indemnify, defend and hold Subscriber harmless from and against any and all liabilities, damages, costs and expenses (including reasonable attorneys fees) incurred by Subscriber arising from a third party claim that the Services or Application, as delivered by Ricoh and used within the scope of this Agreement, infringe any existing domestic patent, copyright or trademark, but only if, (i) Subscriber notifies Ricoh in writing within thirty (30) days of any such claim, (ii) Ricoh shall have full control of the defense and all related settlement negotiations, and (iii) Subscriber shall provide Ricoh with assistance, information and authority necessary to perform the above. Notwithstanding the foregoing, Ricoh shall have no indemnity obligation for any claim relating to (i) any software of third parties, including without limitation, any embedded open source or similar software, (ii) any modifications to the Services or Application made by any entity other than Ricoh, (iii) combination or use of the Services or Application with other products, (iv) use of an outdated version of the Ancillary Software when Ricoh has made available an updated version that does not infringe, or (v) any addition, change or modification of the functionality of the Services or Application made at Subscriber’s request, if such claim would not have arisen but for such functionality. In the event of an infringement claim, if it is commercially reasonable to do so, and at its option, Ricoh will either obtain the right for Subscriber to use the Services or will modify the Services to make them non-infringing, and failing these options, Ricoh may terminate the license and Subscriber will return any Ancillary Software. THE REMEDIES ABOVE ARE THE SOLE AND EXCLUSIVE REMEDIES FOR RICOH’S BREACH OF ANY INTELLECTUAL PROPERTY WARRANTY CONTAINED IN THIS AGREEMENT OR IMPOSED OR IMPLIED BY LAW.

  • Infringement Claims You may submit an infringement claim notice to us at our Contact Formavailable here if you have a good faith belief that Your Content has been copied and made accessible through the Services (including as a part of the Service Content or Third Party Content) in violation of your Inte lectual Property Rights. A copyright infringement claims notice must include at (i) the identification of such a legedly infringing materials, including information su ficient for us to locate it within our Services, ( i) a demand that such a legedly infringing materials be removed or access disabled, ( i) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (iv) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is a legedly infringed; (v) contact information for you, such as address, phone number, and, if available, an email address; and (vi) must be signed by you or the person authorized to act on behalf of the owner of the a legedly infringed work (the “Notice Requirements”). Pursuant to 17 U.S.C. 512(c)(3), if the above Notice Requirements are not met, we may disregard the notice. Pursuant 17 U.S.C. 512(f), be advised that knowingly making a material misrepresentation that online material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification, may subject you to heavy civil penalties. These penalties include monetary damages, including costs and attorneys' fees, incurred by the a leged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider who is injured by your misrepresentation. If we make a decision to remove Your Content in response to a complaint, we may notify you and provide you with contact information for the complaining party. You may also object to such determination by writing to our designated agent, which must contain the fo lowing information pursuant to 17 U.S.C. 512(g)(3), (i) your physical or electronic signature; ( i) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; ( i) a statement under penalty of perjury that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your name, address, phone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are located outside of the United States, for any judicial district in which the service provider may be found, and that you wil accept service of process from the person who provided notification under subsection 17 U.S.C. 512(c)(1)(C) or an agent of such person.

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