Rejection Rights. (a) Every Product delivered hereunder (whether fully paid for, partially paid for or not paid for) is subject to inspection, testing and approval by Chobani before Chobani’s acceptance thereof. Use of the Products for the purpose of testing shall not constitute an acceptance of the Products. Chobani shall have the right to inspect or to be present at any test performed on the Products prior to shipment, but no such inspection or observation of any test shall be regarded as an acceptance of the Products or vary Chobani’s right to conduct tests upon and after receipt of the Products.
Rejection Rights. The City reserves the right, at any time, to modify, waive or otherwise vary the terms and conditions of this RFQ including, but not limited to, the deadlines for submission and submission requirements. The City further reserves the right to reject any or all SOQ, to cancel or withdraw this RFQ at any time. Selection is dependent upon the negotiation of a mutually acceptable contract.
Rejection Rights. If any Shipment triggers any of the Rejection Limits set forth in a Confirmation (a “Non-Conforming Shipment”), then Buyer shall have the option, exercisable by notice to Seller within two (2) Business Days of Buyer’s receipt of the Shipping Report, of either (a) rejecting such Non-Conforming Shipment at the Delivery Point or in route, but prior to unloading from Transporter’s equipment, or (b) accepting any Non-Conforming Shipment with a Contract Price adjustment agreed to between Seller and Buyer. If Buyer fails timely to exercise its rejection rights under this Section 6.2 as to a Shipment, Buyer shall be deemed to have waived such rights to reject with respect to that Shipment only. Xxxxx’s failure to timely exercise such notice does not however, constitute a waiver of its right to any penalty adjustment provided for herein or in the relevant Confirmation with respect to such Non-
Rejection Rights. If the actual quality of any Coke shipment is in excess of or is less than, as applicable, any of the Reject Standards (“Nonconforming Coke”) then, (i) provided such Coke shipment is not commingled with other coke or is not used in the blast furnace operations of any Purchaser, the affected Purchaser, at its sole election, shall have the right to reject such Coke shipment by means of prompt written notification thereof by it to Xxxxxx; and (ii) Xxxxxx shall take immediate corrective measures prior to the delivery of any further Coke shipments to Purchasers, and shall promptly notify Purchasers in Writing of such corrective measures. Upon rejection of such Coke, title to such Coke shall revert to Seller and Seller shall accept all risk of loss, damage, or destruction therefore. In the event any Coke shipment is properly rejected, then Xxxxxx shall accept all risk of loss, damage, or destruction of such Coke shipment, shall be required to remove from such facilities the rejected Coke shipment, and shall be responsible for all removal costs connected therewith. All Coke rejected by any Purchaser pursuant to this Section shall correspondingly reduce Purchasers’ obligation to accept and purchase the Coke Supply and Purchase Obligation. No acceptance by any Purchaser of any Coke shipment that exceeds or is less than, as applicable, any Reject Standard shall act as or be deemed a waiver of that party’s right to refuse to accept future non-conforming Coke shipments.
Rejection Rights. If EOTT delivers to EGLI Products that do not conform to the quality specifications set xxxxh on Schedule B or, with respect to Products subject to a Permitted Product Quality Reduction in accordance with Section 5.1, to such quality specifications as are required therefor, or are otherwise defective (the "Non-Conforming Products"), EGLI shall be entitled to request a reduction in the Conversion Fee xxxxicable to such Non-Conforming Products by an amount that reflects the decreased value of such Non-Conforming Products, as agreed to by the Parties. If the Parties are unable to agree to the amount of such reduction within 48 hours after EGLI's request for such reduction, no reduction in Conversion Fees shall be effected but at the close of the applicable calendar quarter, EGLI shall be entitled to payment by EOTT of liquidated damages in ax xxount determined by the following formula: Liquidated Damages for Non-Conforming Products = NCP x MTBEMP q q q - RV q Where: NCP = The quantity of Non-Conforming Products in MTBE q Equivalent Gallons for which a reduction in Conversion Fees was not agreed to during calendar quarter q (expressed in gallons) MTBEMP = The MTBE Market Price for calendar quarter q q (expressed in $ per gallon) RV = The Resale Value for the Non-Conforming Products q for which a reduction in Conversion Fees was not agreed to during calendar quarter q, if any, which was actually obtained or could have been obtained by EGLI upon resale to third parties at any time selected by EGLI during calendar quarter q, as determxxxx by EGLI in a commercially reasonable manner (xxxressed in $) (For purposes of illustration only, a sample calculation is provided on Schedule D attached hereto.) Notwithstanding the foregoing, EGLI shall not be obligated to accept Non-Conforming Products if sucx Xxn-Conforming Products would damage any facilities that would transport, store, or use such Products, unless such Non-Conforming Products directly result from the conversion of non-conforming Feedstocks which EGLI requires EOTT to convert in accordance with Section 5.1. If EGLX xxoperly rejects any Products for such reason, then EOTT, after xxxcussion with EGLI, shall dispose of such Products at EOTT's expense and shall pay xxx liquidated damages for failure to convert Products in accordance with Section 11.3 and any payments for additional Feedstocks in accordance with Section 5.3.
Rejection Rights. Coal delivered hereunder shall be consistent with the specifications set forth in the Purchase Order (“Specifications’) and be within the Rejection Limits, If Seller delivers a shipment of coal which reaches or exceeds the relevant Rejection Limit as set forth in the Purchase Order (“Non-Conforming Shipment”), then Buyer shall have the right to reject the Non-Conforming Shipment prior to unloading, and Seller shall be responsible for any direct damages and losses, including demurrage, resulting from the delivery of such Non-
Rejection Rights. On no more than one business day’s (defined as any day on which Federal Reserve member banks in New York City are open for business) notice to Seller after Xxxxx’s receipt of the analysis provided for in Section 8, Buyer may reject any Shipment that triggers any one of the Rejection Limits, determined in accordance with Standards. Disposal of Coal that triggers the Rejection Limits and is rejected by Buyer shall be for Seller’s account. Buyer and Seller shall cooperate to minimize Seller’s cost of disposal.
Rejection Rights. During the Term hereof, Brookhaven shall accept at the Brookhaven MRF the Recyclable Materials delivered by the Municipality, provided however, that Brookhaven may reject deliveries made by the Municipality if such deliveries
Rejection Rights. If the coal triggers any of the Rejection Limits as defined by the minimum and maximum limits of the analytical parameters specified in Clause 5 of this contract (a “Non-Conforming Shipment”), BUYER shall have the option, exercisable by notice to SELLER within one (1) business day of BUYER’S facsimile receipt of the short proximate analysis, of either (a) rejecting such Non-Conforming Shipment at the Delivery Point or en route, but prior to unloading from transporter’s equipment or (b) accepting any Non- Conforming Shipment with a price adjustment agreed to in a commercially reasonable manner between SELLER and BUYER. BUYER’S failure to timely provide such notice does not, however, constitute a waiver of its right to any adjustment provided for in this contract with respect to such Non-
