Release of Metal Sample Clauses

Release of Metal. Umicore will release a quantity of Metal, not exceeding the then- current credit balance, from Customer’s Metal Account following receipt of instructions from Customer’s authorized representatives. The release will occur as promptly as practical following Umicore’s receipt of such instructions, but no later than three (3) weeks thereafter. Released Metal will be delivered in the same manner as Goods in accordance with and subject to Section 4 (Goods). Customer may request that a quantity of Metal, not exceeding the then-current credit balance, be transferred to the Metal Account of a third party or transferred for release to Customer at a location other than Umicore’s facility. Any such transfer will be subject to the payment of additional fees and requirements established by Umicore. Umicore may provide packaging, certification of assay, or other services in connection with the release of Metal, subject to payment by Customer of Umicore’s fees for such services. Except as provided in this Section, the price of released Metal will be in accordance with and subject to Section 7 (Price and Taxes). Customer shall pay for released Metal within five (5) business days after the date of its release.
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Release of Metal. Umicore will release a quantity of Metal, not exceeding the then- current credit balance, f rom Customer’s Metal Account f ollowing receipt of instructions f rom Customer’s authorized representativ es. The release will occur as promptly as practical f ollowing Umicore’s receipt of such instructions, but no later than three (3) weeks thereaf ter. Released Metal will be deliv ered in the same manner as Goods in accordance with and subject to Section 4 (Goods). Customer may request that a quantity of Metal, not exceeding the then-current credit balance, be transf erred to the Metal Account of a third party or transf erred f or release to Customer at a location other than Umicore’s f acility . Any such transfer will be subject to the pay ment of additional f ees and requirements established by Umicore. Umicore may provide packaging, certif ication of assay , or other serv ices in connection with the release of Metal, subject to pay ment by Customer of Umicore’s f ees f or such serv ices. Except as prov ided in this Section, the price of released Metal will be in accordance with and subject to Section 7 (Price and Taxes). Customer shall pay f or released Metal within f iv e (5) business day s af ter the date of its release.
Sample 1Sample 2
Release of Metal. Customer may request that a quantity of Metal, not exceeding the then-current credit balance, be released from Customer’s Metal Account. The release will occur as promptly as practical following Umicore’s receipt of such instructions. Customer’s instructions regarding the Metal Account become binding only upon Umicore’s: (i) express consent in writing; or (ii) execution of the requested transaction. Released Metal will be delivered in the same manner as Goods in accordance with and subject to Section 4 (Goods). Customer may also request that a quantity of Metal, not exceeding the then-current credit balance, be transferred to the metal account of a third party or delivered to a third party’s facility. Any such transfer or delivery will be subject to the payment of additional fees and requirements established by Umicore. Umicore may provide packaging, certification of assay, or other services in connection with the release or delivery of Metal, subject to payment by Customer of certain fees. Except as provided in this Section, the price of released Metal will be determined in accordance with and subject to Section 7 (Price and Taxes) of these Terms. Customer shall pay for released Metal within five (5) business days after the date of its release.
Sample 1
Release of Metal. Umicore will release a quantity of Metal, not exceeding the then-current credit balance, from Customer’s Metal Account following receipt of instructions from Customer’s authorized representative. The release will occur as promptly as practical following Umicore’s receipt of such instructions, but no later than 3 weeks thereafter. Delivery of released Metal will be made in accordance with and subject to Section 8(Delivery) and Section 9 (Price and Title). Customer may request that a quantity of Metal, not exceeding the then-current credit balance, be transferred to the Metal Account of a third party or transferred for release to Customer at a location other than Umicore’s facility. Any such transfer will be subject to the payment of additional fees and requirements established by Umicore. Umicore may provide packaging, certification of assay, or other services in connection with the release of Metal subject to payment by Customer of Umicore’s fees for such services.
Sample 1
Release of Metal. Umicore will release a quantity of Metal not exceeding the then-current credit balance in Customer’s Account following receipt of timely written instructions from Customer’s authorized representative. Any quantity so released will be made available Ex Works the Umicore Facility (defined as 000 Xxxx Xxx, South Plainfield, NJ 07080, or such other location as may be established by mutual agreement). Umicore will release such quantity as promptly as practicable following receipt of Customer’s instruction and, subject to Section 5, within no more than three (3) weeks within receipt of such instruction or as otherwise agreed. Customer may request that a quantity of Metal not exceeding the then-current credit balance in Customer’s Account be transferred to the account of a third party or transferred for release to Customer at a location other than the Umicore Facility, and any such transfer shall be subject to the fees and terms then applied by Umicore to such transfers unless otherwise mutually agreed. Umicore may provide packaging, certification of assay, or other services in connection with release of Metal, all subject to the fees and terms then applied by Umicore to such services unless otherwise mutually agreed.
Sample 1
Release of Metal. BASF will release a quantity of Metal not exceeding the current credit balance in Customer’s Account, following receipt of timely written instructions from Customer’s authorized representative. Any quantity so released will be made available Free Carrier Rome Site (FCA Rome Site) for the purposes of Incoterms 2010 (or such other location as may be established by mutual agreement). BASF will release such quantity as promptly as practicable, following the receipt of Customer’s instruction and, subject to Section 5, within no more than three (3) weeks (or such other time as may be established by mutual agreement) following the receipt of such instruction. Customer may request that a quantity of Metal not exceeding the then current credit balance in Customer’s Account has to be transferred to the account of a third party or transferred for release to customer at a BASF location other than Rome; Customer acknowledges the unallocated nature of the account and expressly accepts that BASF’s obligation is limited to the release of a quantity of Metal no greater than the current credit balance in Customer’s account and conforming to the Specifications set forth in Section 3 hereof. Any such transfer shall be subject to the fee and terms then applied by BASF to such transfers, generally unless otherwise mutually agreed. BASF may provide packaging, certification of assay or other services in connection with the release of Metal, all subject to the fees and terms applied by BASF to such services generally unless otherwise mutually agreed. Any negotiation about the release of Metal, together with discussion on payment terms shall be carried out separately between BASF and Customer; any instruction regarding the Metal shall require written confirmation by the Customer.
Sample 1
Release of Metal. Customer may request that a quantity of Metal, not exceeding the then-current credit balance, be released from Customer’s Metal Account. The release will occur as promptly as practical following Checon’s receipt of such instructions. Released Metal will be delivered in the same manner as Goods in accordance with and subject to Section 4 (Goods). Customer may also request that a quantity of Metal, not exceeding the then-current credit balance, be transferred to the Metal Account of a third party or transferred for release to Customer at a location other than Checon’s facility. Any such transfer will be subject to the payment of additional fees and requirements established by Checon. Checon may provide packaging, certification of assay, or other services in connection with the release of Metal, subject to payment by Customer of Checon’s fees for such services. Except as provided in this Section, the price of released Metal will be in accordance with and subject to Section 7 (Price and Taxes). Customer shall pay for released Metal within five (5) business days after the date of its release.
Sample 1
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Related to Release of Metal

  • Release of Unknown Claims Employee expressly waives and relinquishes all rights and benefits afforded by any statute (including, but not limited to, Section 1542 of the Civil Code of the State of California and analogous laws of other states), which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Thus, notwithstanding the provisions of Section 1542 or of any similar statute, and for the purpose of implementing a full and complete release and discharge of the Company Releasees, Employee expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all Claims which are known and all Claims which Employee does not know or suspect to exist in Employee’s favor at the time of execution of this Agreement and that this Agreement contemplates the extinguishment of all such Claims. Employee acknowledges that he/she might hereafter discover facts different from, or in addition to, those Employee now knows or believes to be true with respect to a Claim or Claims released herein, and they expressly agree to assume the risk of possible discovery of additional or different facts, and agree that this Agreement shall be and remain effective, in all respects, regardless of such additional or different discovered facts.

  • Release of Releasees (1) Upon the Effective Date, subject to Section 6.3, and in consideration of payment of the Settlement Amount and for other valuable consideration set forth in the Settlement Agreement, the Releasors forever and absolutely release and forever discharge the Releasees from the Released Claims that any of them, whether directly, indirectly, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have.

  • Release of Liens (i) In the event of (A) any private or public sale of all or any portion of the ABL Priority Collateral in connection with any Exercise of Secured Creditor Remedies by or with the consent of the ABL Agent (other than in connection with a refinancing as described in Section 5.2(c) hereof), or (B) any sale, transfer or other disposition of all or any portion of the ABL Priority Collateral (other than in connection with a refinancing as described in Section 5.2(c) hereof), so long as such sale, transfer or other disposition is then permitted by the ABL Documents or consented to by the requisite ABL Lenders, irrespective of whether an Event of Default has occurred, each of the Term Agents agrees, on behalf of itself and the relevant Term Secured Parties that, so long as such Term Agent, for the benefit of the relevant Term Secured Parties, shall retain a Lien on the proceeds of such sale, transfer or other disposition (to the extent that such proceeds are not applied to the ABL Obligations as provided in Section 4.1(b) hereof), such sale, transfer or other disposition will be free and clear of the Liens on such ABL Priority Collateral (but not the proceeds thereof) securing the Term Obligations, and each of the Term Agents’ and the Term Secured Parties’ Liens with respect to the ABL Priority Collateral (but not the proceeds thereof) so sold, transferred, or disposed shall terminate and be automatically released without further action concurrently with, and to the same extent as, the release of the ABL Secured Parties’ Liens on such ABL Priority Collateral. In furtherance of, and subject to, the foregoing, each Term Agent agrees that it will promptly execute any and all Lien releases or other documents reasonably requested by the ABL Agent in connection therewith. Each Term Agent hereby appoints the ABL Agent and any officer or duly authorized person of the ABL Agent, with full power of substitution, as its true and lawful attorney-in-fact with full irrevocable power of attorney in the place and stead of such Term Agent and in the name of such Term Agent or in the ABL Agent’s own name, from time to time, in the ABL Agent’s sole discretion, for the purposes of carrying out the terms of this paragraph, to take any and all appropriate action and to execute and deliver any and all documents and instruments as may be necessary or desirable to accomplish the purposes of this paragraph, including any financing statements, endorsements, assignments, releases or other documents or instruments of transfer (which appointment, being coupled with an interest, is irrevocable).

  • Release of Claims In return for the benefits conferred under the Employment Agreement and this Agreement (which Employee acknowledges Company has no legal obligation to provide if Employee does not enter into this Agreement), Employee, on behalf of Employee and Employee's heirs, executors, administrators, successors and assigns, hereby releases and forever discharges Company and its past, present and future affiliates, future parent companies, subsidiaries, predecessors, successors and assigns, and each of their past, present and future shareholders, officers, directors, employees, agents and insurers, from any and all claims, actions, causes of action, disputes, liabilities or damages, of any kind, which may now exist or hereafter may be discovered, specifically including, but not limited to, any and all claims, disputes, actions, causes of action, liabilities or damages, arising from or relating to Employee's employment with Company, or the termination of such employment, except for any claim for payment or performance pursuant to the terms of this Agreement. This release includes, but is not limited to, any claims that Employee might have for reemployment or reinstatement or for additional compensation or benefits and applies to claims that Employee might have under either federal, state or local law dealing with employment, contract, tort, wage and hour, or civil rights matters, including, but not limited to, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, similar state laws, and any regulations under such laws. This release shall not affect any accrued rights Employee may have under any medical insurance, workers compensation or retirement plan because of Employee's prior employment with Company. EMPLOYEE ACKNOWLEDGES AND AGREES THAT THROUGH THIS RELEASE EMPLOYEE IS GIVING UP ALL RIGHTS AND CLAIMS OF EVERY KIND AND NATURE WHATSOEVER, KNOWN OR UNKNOWN, CONTINGENT OR LIQUIDATED, THAT EMPLOYEE MAY HAVE AGAINST COMPANY AND THE OTHER PERSONS NAMED ABOVE, EXCEPT FOR THE RIGHTS SPECIFICALLY EXCLUDED ABOVE.

  • Waiver and Release of Liability In consideration for the privilege of the Participant’s participation in the Activities, the undersigned hereby RELEASES, DISCHARGES, COVENANTS NOT TO XXX, AND AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS RELEASEES from any and all liability, demands, losses, medical expenses, lost opportunities, damages or attorneys fees and costs stemming from any or all claims for negligence, expressed or implied warranty, contribution, and indemnity, and/or claims of negligent rescue operations, first aid, and emergency care, to the broadest extent permitted by applicable law suffered by the Participant incurred on his/her account with respect to the Participant’s personal injury and other injury or harm, disability, and/or death, or property damage, arising directly or indirectly from the Participant’s participation in Activities, as caused or alleged to be caused in whole or in part by the Releasees or any of them, and further agrees that if, despite this release, the Participant or any other person makes a claim on the Participant’s behalf against any of the Releasees, THE UNDERSIGNED WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LIABILITY, LITIGATION EXPENSES, ATTORNEY FEES, LOSSES, DAMAGES OR COSTS ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM, WHETHER ASSERTED BY THE UNDERSIGNED, THE PARTICIPANT, OR ANOTHER PERSON. INITIAL HERE

  • Release and Waiver I, the Volunteer, acknowledge and understand that participation in the Activities may involve certain risks, including, but not limited to, personal injury(ies), bodily injury, illness, permanent disability, property damage, loss and/or death (“Risks”). These Risks include, but are not limited to, exposure to and/or infection with COVID-19 and/or other viruses and/or bacterial infection even in ideal conditions, and despite any and all reasonable efforts made to mitigate such Risks. I further acknowledge and agree that, due to the nature of the Activities, social distancing of six feet per person will not always be possible and that my participation in the Activities may result in an elevated risk of contracting COVID- 19 and/or other viruses and/or bacterial infection. I, the Volunteer, further confirm that prior to engaging in the Activities, I may be required to complete a COVID-19 health screening questionnaire provided by one or more of the Released Parties. I agree that I will answer all questions on the questionnaire truthfully. I agree to not participate in any Activities if, at such time and to the best of my knowledge, I am a carrier of COVID-19 or infected with COVID-19. I further agree to follow all safety precautions outlined by any Released Party while volunteering. In consideration of and in order to be allowed to participate in the Activities, I do hereby release and forever discharge and hold harmless the Released Parties and their successors and assigns from any and all liability, claims, demands, costs and damages of any kind, whether arising from tort, contract or otherwise, which I or my heirs, assigns, next of kin or legal representatives may have or which may hereinafter accrue, arise from, or are in any way related to my Activities with any of the Released Parties, including but not limited to Risks, whether caused wholly or in part by the simple negligence, fault or other misconduct of any of the Released Parties or of other volunteers, other than their intentional or grossly negligent conduct. In addition, the Released Parties shall have the benefit of any future liability protection for businesses as relating to the COVID-19 pandemic passed by any governmental entity to which the Released Parties are subject. I understand and acknowledge that by signing this Release I knowingly assume the Risks associated with the Activities. I also understand that the Released Parties do not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health or disability insurance in the event of injury, illness, death or property damage. Regarding any illness or virus, including COVID-19, I, the Volunteer, understand that even if I follow all guidelines for the prevention and handling of any illness or virus, including COVID-19, there is still a risk that Volunteer could contract such virus or illness. I understand and acknowledge that children under the age of 16 are not allowed on Habitat for Humanity worksites while construction is in progress. While minors between the ages of 16 and 18 may be allowed to participate in some types of build site activities, solely as outlined by the Released Parties, I understand that using power tools, excavation, demolition, working on rooftops and similar activities are not permitted for anyone under the age of 18. I agree it is my responsibility to communicate these requirements to any of my minor children who will attend and/or participate in the Activities.

  • PURCHASE OF RELEASE The Parties agree that the Recipient: (check one)

  • Release of Claims by Holders Each Holder hereby releases the Representative for all claims arising from the Representative’s performance of its services pursuant to this Revenue Sharing Agreement, except and to the extent that a Holder can demonstrate by clear and convincing evidence that such act or omission constituted gross negligence or intentional misconduct.

  • Xxxxxxx’x Release of The Settling Entity This Settlement Agreement is a full, final and binding resolution between Xxxxxxx, as an individual (and not on behalf of the public yet furthers its health interest, unless it is judicially approved, in which case the release would be in furtherance of the public interest), and the Settling Entity, of any violation of Proposition 65 that was or could have been asserted by Xxxxxxx on behalf of himself, his past and current agents, representatives, attorneys, successors, and/or assignees, against the Settling Entity, Amazon and each of their past, current, and future direct and indirect parents, subsidiaries, affiliated entities under common ownership, predecessors, successors, directors, officers, managers, shareholders, members, employees, agents, assignees, and attorneys (releasees), based on their alleged or actual failure to warn about alleged exposures to lead contained in the Products that were sold and/or offered for sale in California by the Settling Entity through xxxxxx.xxx before the Effective Date, as alleged in the notice. In further consideration of the promises and agreements herein contained, Xxxxxxx as an individual and not on behalf of the public, on behalf of himself, his past and current agents, representatives, attorneys, successors, and/or assignees, hereby waives all of his rights to institute or participate in, directly or indirectly, any form of legal action and releases all claims that he may have, including, without limitation, all actions, and causes of action, in law or in equity, suits, liabilities, demands, obligations, damages, costs, fines, penalties, losses, or expenses including, but not exclusively, investigation fees, expert fees, and attorneys’ fees arising under Proposition 65 with respect to lead in the Products, sold and/or offered for sale by the Settling Entity, before the Effective Date, against the Settling Entity and the releasees. The Parties further understand and agree that this subsection 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors, importers or suppliers who sold the Products to the Settling Entity. Nothing in this subsection affects Xxxxxxx’x right to commence or prosecute an action under Proposition 65 against a releasee that does not involve the Products that were sold and/or offered for sale in California by the Settling Entity.

  • Release of Rights (1) In the event a sponsored research contractor has been offered the option to apply for the patent to an invention or other rights in an invention, the University will use its good offices in an effort to obtain the contractor's decision regarding the exercise of such rights within 120 days.

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