Retention of Property. (a) The Trustee may retain for as long as the Trustee thinks fit sufficient Assets as may be required to meet any outgoings or liabilities (actual or contingent) in respect of the Trust.
(b) If any Asset retained is ultimately found not to be required, then subject to clause 20.6
(a) the Asset must be sold or realised and the proceeds distributed to the Unit Holders in accordance with this clause 20.
Retention of Property. To retain, without liability for any depreciation or loss occasioned by such retention, any property transferred to the Trustee by the Settlor or any other person when the Trustee determines that, because of the circumstances involved, any trust created hereunder would be better served by not diversifying the investment in such property.
Retention of Property. Unless otherwise required by law or the terms of this Agreement, any property specified in Subsection A, above, that CroMedica shall have in its possession shall be maintained by CroMedica for a period of not less than five (5) years from the date of receipt thereof and shall be organized in such manner that it will be ready for immediate reference. ACS shall have the right at any time to examine or obtain from CroMedica copies of any or all such property. After five (5) years, CroMedica may dispose of such property in accordance with instructions provided by ACS. If ACS fails to provide such instructions, CroMedica shall so notify ACS, and if instructions are still not forthcoming within thirty (30) days of such notification, CroMedica may destroy such property.
Retention of Property. (i) The property in and legal and beneficial ownership of each BMW Part sold by BMW GB to the Dealer shall remain in BMW GB until the Dealer has paid to BMW GB:
(a) the full Invoice Sum in respect thereof and
(b) the full Invoice Sum in respect of any other goods the subject of any other contract with BMW GB. Provided that sub-clauses (a) and (b) shall be construed and receive effect each as a separate clause and accordingly in the event of either of them being for any reason whatsoever unenforceable according to its terms, the other shall remain in full force and effect.
(ii) So long as the property in and legal and beneficial ownership of any BMW Part sold by BMW GB to the Dealer remains in BMW GB, BMW GB shall have the right, with or without prior notice to the Dealer, to retake possession of any such BMW Part and for that purpose to enter upon any premises where any such BMW Part is stored or is reasonably thought to be stored in any of the following events:
(a) The Dealer is in default of any of its obligations under any agreement with BMW GB; or
(b) The Dealer (not being a company, but including, in the case of a firm, the firm or any partner therein) commits an available act of bankruptcy or becomes apparently insolvent, or (being a company) does anything or fails to do anything which would entitle any person to present a petition for winding up, or does anything or fails to do anything which would enable insolvency proceedings to be commenced, or (being a partnership) is dissolved; or
(c) The Dealer does anything or fails to do anything which would entitle a person to appoint a Receiver or entitle a Receiver or a person appointed by a Court to take possession of any of its assets; or
(d) The Dealer makes any assignment, agreement or composition with or executes any trust deed for creditors or ceases or threatens to cease to trade or dies or repudiates the Agreement or is otherwise unable to pay its debts as they fall due.
(iii) If the Dealer resells any BMW Part before beneficial ownership of the BMW Part has vested in it and BMW GB loses title to the BMW Part in consequence, BMW GB's beneficial entitlement shall attach to the proceeds of sale (which expression includes any right to or claim for such proceeds) and the Dealer shall hold such proceeds of sale in trust for BMW GB and keep them separate from other money.
(iv) The Dealer acknowledges that it is in possession of each BMW Part sold by BMW GB to the Dealer solely as a fiduciary for BMW GB ...
Retention of Property. 1. The material produced by ServerClub L.L.C B.V. is and will remain the property of ServerClub L.L.C B.V.
2. The material installed by the client for colocation services is and will remain the property of the client. Terms of Service General Terms of Service of ServerClub L.L.C B.V. - 2/2
Retention of Property. 1. We retain ownership to all products we deliver until complete payment of the invoiced amounts plus costs and interest.
2. Property acquisition on the part of the buyer or third parties is excluded in the event of modification or processing of our reserved product into a new object. Modification and processing is done exclusi- vely for us. The modified object completely serves the assurance of the claims named in the preceding paragraph. Should products from other suppliers also be modified, we receive at least partial owners- hip to the new object up to the portion corresponding proportionally to the value of the other modi- fied objects that the supplier has invoiced. The buyer pledges to transfer his claims from further sale transactions to us in order to secure our claim to purchase price, as well as to make a corresponding note in his accounting or documentation. Upon seizure or other enforcement, the buyer is obligated to refer to our ownership and to immediately inform us. Only in the event that a supplier has also enforced a legally valid extended right to property retention are the corresponding delivery claims transferred from us in the amount of our share of property of the products sold.
3. Should the buyer’s claims from further sale of our reserved products, or products in which we have partial ownership, be deposited in a current account, the buyer is obligated to transfer these claims to us.
4. Upon delay in payment or a cessation of payment on the part of the buyer, the initiation of insolvency proceedings, or other endangerment of repayment, the buyer is obligated to clearly label or otherwise mark the reserved product as our property in a manner that is visible for every third party. He shall send us a detailed list of all reserved products still available, even if they have been modified or pro- cessed, as well as a list of the claims transferred as per the preceding paragraph, including the names of third-party debtors. Irrespective of this provision, parties authorized by us are entitled to undertake appropriate assessments with the buyer in order to uphold our rights, as well as to receive all docu- mentation necessary to do so. In the aforementioned cases, the reserved products shall be provided to us without request of any freight or other expenses, whereby we are authorized, due to a hereby irrevocably issued statement of buyer consent to removal, just as we are authorized in such cases, but not required, to sell the products dir...
Retention of Property. 11.1. All delivered matters are delivered subject to the retention of property. The retention of property comprises a suspensory condition. As a result of the retention of property, all delivered matters remain the property of House of Home until Xxxxx has fulfilled all his obligations towards House of Home. The retention of property also comprises new matters which are created from the matters delivered by House of Home. Also included in the (payment) obligations of Buyer are all claims on account of the falling short in fulfilling the obligations on account of the Agreement, including, amongst other things: claims for the compensation of damages including for damage flowing from possible resale losses, claims for the compensation of judicial and extrajudicial costs, contractual and statutory interests, fines and penalty payments.
11.2. In case the suspensory condition as intended in section 1 has not entered into effect and therefore the delivered goods are still subject to the retention of property, Buyer, pursuant to article 3:83 section 2 BW (Netherlands Civil Code), is not authorized to alienate, encumber, or give the effective control of the goods delivered by House of Home subject to the retention of property to one or more third parties partially or entirely.
11.3. After invoking the retention of property, House of Home has the right to recover the delivered matters. Buyer thereby enables House of Home to enter the place where the matters are located and thereby provides all necessary assistance, whereby is also intended the making use for naught of the available resources, such as power, hoisting and transport means, scaffolding etc., so that House of Home obtains or can obtain the possession of the matters.
11.4. In case House of Home has appealed to its retention of property, Xxxxx is obliged to compensate House of Home for all costs it has reasonably had to incur to recover the delivered matters. Buyer compensates these costs within five days after House of Home has requested this in writing under reference to an invoice. If and to the extent Buyer as a result of the rescission by the appeal to the retention of property by House of Home can claim entitlement to the undoing of the part which has already been settled by him, House of Home has the right to (partially) set off the costs intended in this section against the performance of Buyer.
11.5. If Xxxxx falls short in complying with his payment obligations towards House of Home or user provi...
Retention of Property. 11.1. The material produced by WorldStream LatAm B.V. is and will remain the property of WorldStream LatAm B.V.
11.2. The material installed by the client for colocation services is and will remain the property of the client.
Retention of Property. 13.1. As long as the Client has not fully fulfilled the payment and other obligations flowing from agreements for the sale and purchase of goods by Streetlife and/or for the delivery of services by Streetlife, then Streetlife shall retain ownership of the goods delivered to the Client by Streetlife, wherever these goods may be located.
13.2. The Client shall be required to keep the goods delivered to him properly insured at his own expense, also where property rights in the goods rest with Streetlife. The Client shall also be obligated to take proper care of the goods so as to prevent damage, wear or loss of value, even where the property rights in the goods rest with Streetlife.
13.3. For as long as the Client has not fulfilled his obligations as specified in Article 13.1 the Client shall allow Streetlife and third parties unhindered access to the sites and storage areas used by the Client, so that Streetlife can achieve or have others achieve actual control over the goods, and/or can reclaim the goods or have others reclaim them.
13.4. Where and as soon as (i) the Client is granted cessation of payments, (ii) the Client is declared bankrupt or (iii) the Client's assets are seized, then the Client and the Client's Directors if any shall be obligated to inform the Administrator, the Receiver or the Bailiff respectively of the retention of property imposed by Streetlife.
Retention of Property. 6.1. Without prejudice to the provisions of Article 5, the property owned by N.V. BOING until the full payment of their price in principal, interest and costs. By issuing checks without commission, the goods owned by N.V. BOING until the balance is met. All risks are borne by the customer.
6.2. The customer commits himself not to sell goods or to third parties to stand as long as they remain property of N.V.
