Shipping Provisions Sample Clauses

Shipping Provisions. Specific shipping instructions will be included in Project Agreements executed under this Agreement. All deliveries shall be FOB Destination, unless otherwise stated in Project Agreements. Risk of loss or damage to the supplies provided under prototype projects executed under this Agreement shall remain with the Consortium Member executing said project until, and shall pass to the Government upon: 1. Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or 2. Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. Unless otherwise specified in Project Agreements, all hardware shall be packaged in accordance with the Consortium Member's commercial best practice to ensure undamaged arrival at destination.
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Shipping Provisions. ‌ Specific shipping instructions will be included in the prototype project agreements executed under this Agreement. All deliveries shall be FOB Destination, unless otherwise stated in the prototype project agreement. Risk of loss or damage to the supplies provided under prototype projects executed under this Agreement shall remain with the Consortium Member executing said project until, and shall pass to the Government upon: 1. Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or 2. Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.
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Shipping Provisions. (a) Specific shipping instructions will be included in Project Agreements executed under this Agreement. (b) All deliveries shall be FOB Destination, unless otherwise stated in Project Agreements. (c) Risk of loss or damage to the supplies provided under prototype projects executed under this Agreement shall remain with the Consortium Member executing said project until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (d) Unless otherwise specified in Project Agreements, all hardware shall be packaged in accordance with the Consortium or Consortium Member’s commercial best practice to ensure undamaged arrival at destination. At the time of delivery, the CM shall prepare and furnish to the Government a receiving report in Wide Area Work Flow. xxxxx://xxxx.xx.xxx/xhtml/unauth/home/login.xhtml
Sample 1
Shipping Provisions. 4.1 Buyer shall ensure that vessels nominated are (a) suitable for the berth, access thereto and loading facilities of or to be used by the Seller including length overall, draft and any other dimensions then in force at the loading terminal at the time in question, such that the vessel can safely reach and leave and where it can always lie safely afloat. It shall be the absolute responsibility of the Buyer to acquaint itself and comply with the requirements of the loading terminal current at the relevant time; (b)fit, clean and suitable and ready for receipt of Product at the berth; and, consistently with the need to ensure maintenance of the high purity of Product, Buyer shall be responsible for ensuring that vessel’s holds are swept and cleaned and are dry and free of loose rust and scale, and of all dunnage and previous cargo before vessel tenders NOR. If the berth is not available, then the Master may tender its notice of readiness at anchorage. But if the vessel fails inspection on arrival at berth, time consumed between vessel berthing and commencement of loading shall not count as laytime. If Buyer’s vessel fails inspection upon arrival at berth, and some other vessel is then waiting, and is ready to load subject only to availability of said berth, Buyer shall procure its vessel to vacate the berth forthwith at Buyer’s expense if Seller or its agent so requires. 4.2 To calculate Laytime, the Xxxx of Lading weight (in Tonnes) of each complete cargo shall be divided by: A) when the berth is that which is adjacent to Seller’s Supplier’s coke storage facilities at * and vessel is loaded by means of Seller’s Supplier’s vessel loading appliance directly from Seller’s Supplier’s dockside silo storage; B) when loading takes place by other means and/or at some other berth in accordance with 5.3 below; and the result shall be the Laytime expressed in terms of weather working days of twenty-four (24) consecutive hours (and pro-rated for fractions producing less than twenty-four (24) hours) allowed for the loading of each complete cargo, but in no event shall Laytime be less than twenty-four (24) hours, irrespective of the weight of Product loaded. 4.3 Subject to 4.1 and 4.2 above and to 4.4 below, Laytime shall commence at 14.00 hours if NOR to load is given to Seller’s Supplier’s agent before noon on a working day and at 06.00 hours the next working day if NOR is given to Seller’s agent at any other time. NOR is to be given during the normal office hours at ...
Sample 1
Shipping Provisions. ‌ Specific shipping instructions will be included in individual PPA executed under this Agreement. All deliveries shall be FOB Destination, unless otherwise stated in individual PPA. Risk of loss or damage to the supplies provided under PPAs executed under this Agreement shall remain with the Consortium Member executing said project until, and shall pass to the Government upon: 1. Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or 2. Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.
Sample 1
Shipping Provisions. All shipping of BioTE products will be coordinated through Xxxxx’x Shipping Department, who will be responsible for determining and administering the most cost-effective and timely means of transit. Orders will be processed for fulfillment from 8:30 am to 7:00 pm ET (4 pm PT). Within the continental U.S., the following shipping terms will apply: ● Free shipping (delivery within 1 to 3 business days of order) for any order of 1 case or more. ● 1-day air will be billed to BioTE at [***] per shipment. Shipments to Hawaii will be billed to BioTE at [***], with delivery being 3 business days from pick-up. The Shipping Department will also coordinate International shipments as required. ● For Canada — BioTE will be charged [***] per shipment with delivery within 3 business days of order. ● For Puerto Rico, the U.S. Virgin Islands and other Caribbean locations — BioTE will be charged [***] per shipment with delivery within 3 business days of order.
Sample 1

Related to Shipping Provisions

  • Remaining Provisions Except as expressly modified by this Amendment, the Employment Agreement shall remain in full force and effect. This Amendment embodies the entire agreement and understanding of the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements and understandings, oral or written, relative thereto.

  • Scheduling Provisions The scheduling and premium provisions relating to consecutive weekends off in Article 16 do not apply to employees who accept positions under this provision.

  • Governing Provisions This Agreement is made under and subject to the provisions of the Plan, and all of the provisions of the Plan are also provisions of this Agreement. If there is a difference or conflict between the provisions of this Agreement and the provisions of the Plan, the provisions of the Plan will govern. By signing this Agreement, the Grantee confirms that he or she has received a copy of the Plan.

  • SAFETY PROVISIONS It is the essence of this Order that all Services to be performed by Seller shall be done in a safe and good workmanlike manner, free of any accidents. Accordingly, Seller shall promulgate, maintain, and enforce appropriate safety and health rules and procedures (including training) with respect to its personnel and the Work to be performed hereunder, which rules and procedures at a minimum shall be the equivalent of or exceed applicable Buyer safety and health rules. All Services performed hereunder shall fully comply with all lawful governmental safety and health requirements, including the rules and standards established by the Occupational Safety and Health Act of 1970 ("OSHA"), as amended, and any other applicable federal, state and/or local safety or health laws, rules or regulations. Any equipment provided by Buyer to Seller for the benefit of Seller's employees or those of its subcontractors shall be at the sole risk and liability of Seller to make sure that such equipment is fit for the use intended and is in proper working order. XXXXXX AGREES TO INDEMNIFY (INCLUDING ATTORNEYS' FEES) DEFEND, AND TO SAVE HARMLESS BUYER FROM ANY AND ALL CLAIMS OF SELLER, SELLER’S SUBCONTRACTORS, AND THEIR EMPLOYEES ARISING OUT OF THE USE OF ANY EQUIPMENT FURNISHED BY BUYER OR ADVICE GIVEN BY BUYER RELATING TO SUCH EQUIPMENT, TO THE FULLEST EXTENT ALLOWED BY LAW, IT BEING UNDERSTOOD THAT BUYER SHALL NOT BE LIABLE UNDER LAW, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. Seller shall maintain a drug and alcohol-free workforce at all times while on Xxxxx's premises/location. Upon Xxxxx's request, Seller shall provide Buyer with a copy of all accident reports prepared by or submitted to Seller, including all OSHA illness and injury reports.

  • Controlling Provisions In the event of any inconsistencies between the provisions of this Amendment and the provisions of any other Loan Document, the provisions of this Amendment shall govern and prevail. Except as expressly modified by this Amendment, the Loan Documents shall not be modified and shall remain in full force and effect.

  • CLOSING PROVISIONS (a) Subscriber agrees to be identified as a customer of JetBrains and agrees that JetBrains may refer to Subscriber by name, trade name and trademark, if applicable, and may briefly describe Subscriber’s business in JetBrains marketing materials, on JetBrains Site, and in public or legal documents. Subscriber hereby grants JetBrains a worldwide, non- exclusive, royalty-free license to use Subscriber’s name and any of Subscriber’s trade names and trademarks solely pursuant to this marketing section. (b) This Agreement is governed by the laws of the Czech Republic. All disputes arising from the present Agreement and/or in connection with it shall be finally brought to and decided by any relevant competent common court in the Czech Republic. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. (c) JetBrains may modify this Agreement at any time by posting a revised version of the Agreement on JetBrains Site. The modified terms will become effective upon posting of a revised version of the Agreement on JetBrains Site. By continuing to use Service after the effective date of any modification to this Agreement, Subscriber agrees to be bound by the modified terms. It is Subscriber’s responsibility to check JetBrains Site regularly for modifications to this Agreement. (d) The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, or a fiduciary or employment relationship between the parties. (e) Sections 7, 8, 9, 10, 12 (c), 12(d), 14(a), 14(b), and 14(c) shall survive any termination or expiration of this Agree- ment. (f) There are no third-party beneficiaries to this Agreement. (g) If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.

  • Incorporation of Plan Provisions These Terms and Conditions and the Agreement are made pursuant to the Plan, the provisions of which are hereby incorporated by reference. Capitalized terms not otherwise defined herein shall have the meanings set forth for such terms in the Plan. In the event of a conflict between the terms of these Terms and Conditions and the Agreement and the Plan, the terms of the Plan shall govern.

  • Final Provisions Clause 16

  • Overriding Provisions (a) Any Transfer or attempted Transfer of any Units in violation of this Agreement (including any prohibited indirect Transfers) shall be, to the fullest extent permitted by applicable law, null and void ab initio, and the provisions of Sections 10.05 and 10.06 shall not apply to any such Transfers. For the avoidance of doubt, any Person to whom a Transfer is made or attempted in violation of this Agreement shall not become a Member and shall not have any other rights in or with respect to any rights of a Member of the Company with respect to the applicable Units. The approval of any Transfer in any one or more instances shall not limit or waive the requirement for such approval in any other or future instance. The Manager shall promptly amend the Schedule of Members to reflect any Permitted Transfer pursuant to this Article X. (b) Notwithstanding anything contained herein to the contrary (including, for the avoidance of doubt, the provisions of Section 10.01 and Article XI and Article XII), in no event shall any Member Transfer any Units to the extent such Transfer would: (i) result in the violation of the Securities Act, or any other applicable federal, state or foreign Laws; (ii) cause an assignment under the Investment Company Act; (iii) in the reasonable determination of the Manager, be a violation of or a default (or an event that, with notice or the lapse of time or both, would constitute a default) under, or result in an acceleration of any obligation under any Credit Agreement to which the Company or the Manager is a party; provided that the payee or creditor to whom the Company or the Manager owes such obligation is not an Affiliate of the Company or the Manager; (iv) be a Transfer to a Person who is not legally competent or who has not achieved his or her majority of age under applicable Law (excluding trusts for the benefit of minors); (v) reasonably be expected to create a material risk that the Company could be treated as a “publicly traded partnership” or could be taxed as a corporation pursuant to Section 7704 of the Code or any successor provision thereto under the Code (as determined in the sole discretion of the Manager); or (vi) reasonably be expected to create a material risk that the Company would have more than one hundred (100) partners, within the meaning of Treasury Regulations Section 1.7704-1(h)(1) (determined pursuant to the rules of Treasury Regulations Section 1.7704-1(h)(3)) (as determined in the sole discretion of the Manager); provided, for the avoidance of doubt, that in determining whether a Transfer creates a material risk that the Company would have more than one hundred (100) partners, the Manager may assume in its sole discretion the admission of any number of future additional Members. (c) Notwithstanding anything contained herein to the contrary, in no event shall any Member that is not a “United States person” within the meaning of Section 7701(a)(30) of the Code Transfer any Units, unless such Member and the transferee have delivered to the Company, in respect of the relevant Transfer, written evidence that all required withholding under Section 1446(f) of the Code will have been done and duly remitted to the applicable taxing authority or duly executed certifications (prepared in accordance with the applicable Treasury Regulations or other authorities) of an exemption from such withholding. (d) Without limiting any of the foregoing, and notwithstanding any other provision of this Agreement to the contrary, no Member shall Transfer any Units during the 2021 taxable year of the Company unless such Transfer either (x) qualifies as a “block transfer” under Treasury Regulations Section 1.7704-1(e)(2), or (y) is disregarded pursuant to Treasury Regulations Sections 1.7704-1(e)(1)(ii). (e) For the avoidance of doubt, in the event that a Member (or such Member’s estate) attempts to Transfer any Units in connection with the death, disability, incapacity, dissolution, bankruptcy, insolvency or termination of such Member, such Transfer shall, to the extent it is in violation of this Agreement (unless otherwise waived by the Manager), be void ab initio and the provisions of Sections 10.05 and 10.06 shall not apply to any such Transfers, such that such Member (or such Member’s estate) remains the owner of the applicable Units. (f) In the event that, notwithstanding this Section 10.07 or any other provision in this Agreement, a Transfer is required pursuant to applicable Law, immediately prior to such Transfer, the Units subject to such Transfer shall be redeemed in accordance with the provisions of Section 11.01 and Section 11.05, as applicable, such that in no event shall the transferee in respect of such Transfer become a Member of the Company at any time.

  • Incorporation of Provisions Attachments A through H are attached hereto and incorporated into this contract as if fully set forth herein.

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