Shipment for Correction. If no Event of Default, Potential Default, or Borrowing Base Deficiency exists or occurs as a result of the shipment and if shipment would not result in any Mortgage Loan Documents for Mortgage Loans with more than an aggregate outstanding principal CREDIT AGREEMENT PMC COMMERCIAL TRUST 36 amount of $5,000,000 being outstanding for correction, then Borrower may, by a Trust Receipt delivered to Collateral Agent, request that Collateral Agent ship to Borrower the entire mortgage loan file of Mortgage Loan Documents for any Mortgage Loan so that certain of those Mortgage Loan Documents may be corrected or replaced for clerical or other non-substantive mistakes. If Collateral Agent has no actual knowledge that any of the above conditions have not been satisfied, then and subject to the limitations below, then Collateral Agent shall ship to Borrower the entire mortgage loan file of Mortgage Loan Documents to be corrected or replaced. Borrower shall re-deliver to Collateral Agent the corrected Mortgage Loan Documents (meeting the requirements of Schedule 5.2) before the expiration of the Correction Period for the applicable Mortgage Loan. Mortgage Loans shipped under this section, unless returned to Collateral Agent, cease to be Eligible Mortgage Loans (a) to the extent that Mortgage Loan Documents for Mortgage Loans with more than an aggregate outstanding principal amount of $5,000,000 are outstanding for correction at any time and (b) upon the expiration of the Correction Period for that Mortgage Loan. The Lender Liens on any Collateral shipped under this section continue in full force and effect.

Shipment for Correction. If no Event of Default, Potential Default, or Borrowing Excess exists or occurs as a result of the shipment and if shipment would not result in any Collateral Documents for Pledged Loans with more than a total face amount of $500,000 being outstanding for correction, then Borrower may, by a Trust Receipt delivered to Administrative Agent, request that Administrative Agent ship to Borrower the entire mortgage loan file of Collateral Documents for any Pledged Loan so that certain of those Collateral Documents may be corrected or replaced for clerical or other non-substantive mistakes. If Administrative Agent has no actual knowledge that any of the above conditions have not been satisfied and subject to the limitations below, then Administrative Agent shall ship to Borrower the entire mortgage loan file of Collateral Documents to be corrected or replaced. Borrower shall re-deliver to Administrative Agent the corrected Collateral Documents (meeting the requirements of SCHEDULE 4.3) before the expiration of the Correction Period for that Collateral. Collateral shipped under this section, unless returned to Administrative Agent, ceases to be Eligible-Pledged Loans (a) to the extent that Collateral Documents for Pledged Loans with more than a total face amount of $500,000 are outstanding for correction at any time and (b) upon the expiration of the Correction Period for that Collateral. The Lender Liens on any Collateral shipped under this section continue in full force and effect.

Shipment for Correction. If no Default or Event of Default exists or occurs as a result of the shipment and if shipment would not result in any collateral documents for Pledged Mortgage Loans with more than a total face amount of $500,000.00 being outstanding for correction, then Borrower may - by a Trust Receipt delivered to Lender - request that Lender ship to Borrower the entire mortgage loan file of Collateral Documents for any Pledged Mortgage Loan pledged by it so that certain of those Collateral Documents may be corrected or replaced for clerical or other non-substantive mistakes. If Lender has no actual knowledge that any of the above conditions have not been satisfied, then and subject to the limitations below, then Lender shall ship to Borrower the entire mortgage loan file of Collateral Documents to be corrected or replaced. Borrower shall redeliver to Lender the corrected Collateral Documents before the expiration of the Correction Period for that Collateral. Collateral shipped under this section, unless returned to Lender ceases to be Eligible Mortgage Loans (a) to the extent that Collateral Documents for Pledged Mortgage Loans with more than a total face amount of $500,000.00 are outstanding for correction at any time and (b) upon the expiration of the Correction Period for that Collateral. The Lender Liens on any Collateral shipped under this section continue in full force and effect.

Shipment for Correction. If no Event of Default, Potential Default, or Borrowing Excess exists or occurs as a result of the shipment, and if shipment would not result in any Collateral Documents for Mortgage Loans, Commercial Loans or Leases with more than an aggregate total face amount of $500,000 being outstanding for correction, then Co-Borrowers may, by a Trust Receipt delivered to Administrative Agent, request that Administrative Agent ship to Co-Borrowers the entire file of Collateral Documents for any Mortgage Loan, Commercial Loan or Lease so that certain of those Collateral Documents may be corrected or replaced for clerical or other non-substantive mistakes. If Administrative Agent has no actual knowledge that any of the above conditions have not been satisfied, then, and subject to the limitations below, Administrative Agent shall use its best efforts to ship to Co-Borrowers the entire file of Collateral Documents to be corrected or replaced by the end of the Business Day following the date of receipt of the applicable Trust Receipt. Co-Borrowers shall re-deliver to Administrative Agent the corrected Collateral Documents (meeting the requirements of Schedule 4.3) before the expiration of the Credit Agreement

Related to Shipment for Correction

Error Correction If an error results from an act or omission of the Custodian in performing the services under this Agreement, the Custodian may take such remedial action as it considers appropriate under the circumstances, which may include effecting corrective transactions involving the Client’s assets, where and to the extent reasonably necessary to place the Client in the position (or its equivalent) it would have been had the error not occurred. The Custodian will be responsible for Losses arising from its errors in accordance with the terms of this Agreement and will be entitled to retain gains arising from its errors or related remedial actions unless otherwise prohibited by Law. Where an error results in a series of related Losses and gains, the Custodian will be entitled to net gains against Losses when permitted by Xxx. The Custodian will have no duty to notify or account to the Client for any Loss or gain associated with an error it has fully remediated.
PAYMENT FOR GOODS AND SERVICES a. DIR Customer shall comply with Chapter 2251, Texas Government Code, or applicable local law, in making payments to the Vendor. Payment under a DIR Contract shall not foreclose the right to recover wrongful payments. b. Payments must be made in accordance with laws and procedures applicable to DIR Customer. c. DIR Customer agrees to pay the rates and/or prices set by DIR with its vendors. DIR Customer understands these rates and/or prices include a DIR administrative fee. d. All purchases executed under a DIR Contract will require a DIR Customer purchase order.
Shipment Dell will ship the APEX System to the Site when included as part of the APEX Service. The terms and process for shipment and delivery of the APEX System will be stated in the applicable Service Offering Description.
Manufacturing Services Jabil will manufacture the Product in accordance with the Specifications and any applicable Build Schedules. Jabil will reply to each proposed Build Schedule that is submitted in accordance with the terms of this Agreement by notifying Company of its acceptance or rejection within three (3) business days of receipt of any proposed Build Schedule. In the event of Jabil’s rejection of a proposed Build Schedule, Jabil’s notice of rejection will specify the basis for such rejection. When requested by Company, and subject to appropriate fee and cost adjustments, Jabil will provide Additional Services for existing or future Product manufactured by Jabil. Company shall be solely responsible for the sufficiency and adequacy of the Specifications [***].
Uncovering and Correction of Work 12.1 The Contractor shall promptly correct Work rejected by the Owner or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed, and shall correct any Work found to be not in accordance with the requirements of the Contract Documents within a period of two years from the date of Substantial Completion, or by terms of an applicable special warranty required by the Contract Documents. The provisions of this Article apply to work done by Subcontractors as well as to Work done by direct employees of the Contractor. 12.2 At any time during the progress of the work, or in any case where the nature of the defects shall be such that it is not expedient to have them corrected, the Owner, at their option, shall have the right to deduct such sum, or sums, of money from the amount of the contract as they consider justified to adjust the difference in value between the defective work and that required under contract including any damage to the structure.
Subcontracting for Medicaid Services Notwithstanding any permitted subcontracting of services to be performed under this Agreement, Party shall remain responsible for ensuring that this Agreement is fully performed according to its terms, that subcontractor remains in compliance with the terms hereof, and that subcontractor complies with all state and federal laws and regulations relating to the Medicaid program in Vermont. Subcontracts, and any service provider agreements entered into by Party in connection with the performance of this Agreement, must clearly specify in writing the responsibilities of the subcontractor or other service provider and Party must retain the authority to revoke its subcontract or service provider agreement or to impose other sanctions if the performance of the subcontractor or service provider is inadequate or if its performance deviates from any requirement of this Agreement. Party shall make available on request all contracts, subcontracts and service provider agreements between the Party, subcontractors and other service providers to the Agency of Human Services and any of its departments as well as to the Center for Medicare and Medicaid Services.
Manufacturer A firm that operates or maintains a factory or establishment that produces on the premises, the materials or supplies obtained by the Contractor. Regular Dealer - A firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. A regular dealer engages in, as its principal business and in its own name, the purchase and sale or lease of the products in question. A regular dealer in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns and operates distribution equipment for the products. Brokers and packagers are not regarded as manufacturers or regular dealers within the meaning of this section. United States Department of Transportation (USDOT) - Federal agency responsible for issuing regulations (49 CFR Part 26) and official guidance for the DBE program.
Ordering Services a) By submitting an Order to Megaport: 1. Customer warrants that the information Customer provides to Megaport in an Order is true and correct and that Megaport may rely upon it; and 2. Customer is making a binding offer to acquire the Services described in the Order on the terms set out in this Agreement, which Megaport may accept at its discretion. An agreement to supply a Service is formed on the date Megaport provisions that Service and charges apply from the Billing Commencement Date.
CORRECTION OF WORK 13.2.1 The Contractor shall be responsible for correcting all Work which the Architect has found to be defective or which fails to conform to the Contract Documents whether observed be- fore or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Architect's and the State’s additional services made necessary thereby. 13.2.2 If, within one year after the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State to do so unless the State has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition. 13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and 13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph 13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State. 13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal. 13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the
Payment for Project Services As full consideration for the Services to be performed by Contractor, City agrees to pay Contractor as set forth in accordance with the bid and not to exceed fee of $215,500.00 for the project. A monthly progress payment in the amount of ninety-five percent (95%) of the value of the work completed may be made every thirty (30) days upon application by the Contractor and certification by the Project Manager that such work has been completed. Partial payments will be made once each month as the work satisfactorily progresses and after acceptance by the authorized City representative. The progress estimates shall be based upon materials in place, or on the job site and invoiced, and labor expended thereon. From the total of the amount ascertained will be deducted an amount equivalent to five percent (5%) of the whole, which five percent (5%) will be retained by the City until after completion of the entire Contract in an acceptable manner. Any time after fifty percent (50%) of the value of the work has been completed, the City will make any of the remaining partial payments in full. No such estimates or payments shall be required to be made, when, in the judgment of the City Project Manager, the work is not proceeding in accordance with the provision of the Contract, or when in his judgment the total value of the work done since last estimate amounts to less than Five Hundred Dollars ($500.00). The cost of materials conforming to the plans and specifications (materials being those which are required to be contained and incorporated in a finished contract bid item) delivered to the project and not at the time incorporated in the work, may also be included in the estimate for payment. No such estimate or payment shall be construed to be an acceptance of any defective work or improper material. The Contractor shall be responsible for, and shall not remove from the project any material that has been included in the estimate for payment. Final payment shall be made upon the Project Manager certifying that the Contractor has satisfactorily completed the work in conformity with the Contract Documents.

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