Special Release. A special release is a time-limited deviation from the target state. This must be requested for the period until the introduction of a requested amendment. In the event of a deviation from the drawing or specification, a written special release must be obtained from cunova via the contact person specified on the order before delivery of the product to cunova. This also applies if there is a short-term deviation from the approved series process, e.g. the use of an alternative process or an alternative machine. When applying for a special release, the reason for the occurrence of this deviation must be indicated. In order to correct the cause of the deviation(s), suitable corrective measures must be planned by the contracting party and listed in the application with responsibilities and deadlines. If there is no response within the time specified in the complaint letter, this will be included in the evaluation of the contractual partner. Causes and corrective actions must also be addressed through the use of an 8D-report. Depending on the circumstances, a special release is limited either to a specific delivery period or to a specific delivery quantity / batch size. This limitation is also determined by the duration of implementation of the corrective measures adopted. Prior to delivery of the corresponding products, the contractual partner must have received the approval of cunova in written or electronic form. The products in question must be kept separate from parts that comply with the specification and must be specially marked. For this purpose, a copy of the special release must be enclosed with the delivery documents and also visibly affixed to the packaging units. A delivery without a special release will lead directly to a complaint (notice of defects) and will have a negative impact on the evaluation of the contractual partner. Any special release is limited to a fixed number of pieces, at most to the quantity already produced in a way that deviates from the specification. Contract products with deviations must be clearly marked with the delivery and shown in the delivery note.
Special Release. Indemnification of Administrative Agent and Collateral Agent
Special Release. The suitability of products with errors and defects which do not affect the functioning, maintainability or even the safety, can be approved after a thorough examination by MONTRATEC in writing by means of a special release. Special releases are no general releases and have to be approved and checked for each specific case. Consequently, they are limited for an agreed period of time or a supply volume. Special releases do not discharge the SUPPLIER from valid contractual obligations and do not imply either a general renouncement of guarantee and liability claims on behalf of MONTRATEC.
Special Release. Seller and each Stockholder hereby jointly and severally release and forever discharge Buyer and its directors, officers, affiliates, agents and employees from any and all demands, debts, actions, suits, damages and any and all claims, demands and liabilities whatsoever, of every name and nature, that currently exist or that may arise in the future in connection with any dispute between or among Seller and/or any of the Stockholders, except to the extent that any such dispute is determined to be caused primarily by the gross negligence or willful misconduct of Buyer.
Special Release. Notwithstanding the other provisions of this Section 4, the Escrow Agent shall release and distribute the Escrow Property to (i) Parent pursuant to any written instructions executed by all of the Shareholders, (ii) to the Shareholders pursuant to any written instructions executed by Parent, or (iii) in accordance with any nonappealable order or decree by a court of competent jurisdiction to do so.
Special Release. 4.1 PECO, PSE&G Utility and PSEG Power each hereby unconditionally and irrevocably releases, acquits and forever discharges ACE, DP&L and their respective Affiliates, shareholders, officers, directors, employees, agents, representatives, successors and assigns (collectively, the "Seller Parties"), effective as of the date hereof, of and from any and all claims, demands, debts, losses, costs, expenses, proceedings, judgments, damages, actions, causes of action, suits, contracts, agreements, obligations, accounts and liabilities of any kind or character whatsoever, known or unknown, suspected or unsuspected, in contract or in tort, at law or in equity, that PECO, PSE&G Utility or PSEG Power alone or with any other Person had, now has, or might hereafter have against the Seller Parties or any of them jointly and/or severally, for or by reason of any matters, circumstance, event, action, omission, cause or thing whatsoever occurring or existing before, on or after the date hereof, arising under or relating to the Owners Agreement, or any matters that could be raised in any litigation in connection with the Owners Agreement, other than (a) the obligations set forth in Section 3 of this Amendment and (b) ACE's and DP&L's respective representations, warranties, covenants, agreements and other obligations under the Purchase Agreements, subject to the terms and conditions set forth therein, including without limitation, those related to the Excluded Liabilities.
4.2 ACE and DP&L each hereby unconditionally and irrevocably releases, acquits and forever discharges PECO, PSE&G Utility, PSEG Power and their respective Affiliates, shareholders, officers, directors, employees, agents, representatives, successors and assigns (collectively, the "Remaining Parties"), effective as of the date hereof, of and from any and all claims, demands, debts, losses, costs, expenses, proceedings, judgments, damages, actions, causes of action, suits, contracts, agreements, obligations, accounts and liabilities of any kind or character whatsoever, known or unknown, suspected or unsuspected, in contract or in tort, at law or in equity, that ACE or DP&L alone or with any other Person had, now has, or might hereafter have against the Remaining Parties or any of them jointly and/or severally, for or by reason of any matters, circumstance, event, action, omission, cause or thing whatsoever occurring or existing before, on or after the date hereof, arising under or relating to the Owners Agreem...
Special Release. In addition to any other rights of Borrower hereunder, commencing on the one-year anniversary of the Closing Date Borrower may from time to time Transfer to a Person that is not a Loan Party one or more Properties without a prepayment of the Loan or payment of any Yield Maintenance Premium (each, a “Special Release”), provided that (i) Administrative Agent shall have obtained, at Borrower’s sole cost and expense, an updated Broker Price Opinion for all of the Properties, (ii) no Default or Trigger Period has occurred and is continuing, (iii) the Properties being Transferred in connection with such Special Release have Allocated Loan Amounts in the aggregate of not more than fifteen percent (15%) of the Outstanding Principal Balance, (iv) the Loan-to-Value Ratio shall not exceed forty-seven percent (47%) after giving pro forma effect for the elimination of the BPO Values for the Properties that are to be Transferred, (v) the Debt Yield as of the most recent Calculation Date, after giving pro forma effect for the elimination of the Underwritten Net Cash Flow for the Properties that are to be Transferred, is at least greater than or equal to one hundred two percent (102%) of the Closing Date Debt Yield, and (vi) after giving effect to such Special Release, each of the Geographic Diversity Test and the Concentration Limit Test shall be satisfied. Collateral Agent and Administrative Agent shall, at Borrower’s sole cost and expense and at the written direction of Administrative Agent, release the Properties that are the subject of a Special Release from the applicable Mortgage Documents and release the security interest and Lien on any Collateral located at such Release Properties. Borrower shall not be entitled to obtain a Special Release more than four (4) times during the Term. For the avoidance of doubt, a Special Release involves only the release of Collateral and does not require the Borrower to prepay any part of the Outstanding Principal Balance and does not result in a change of the Outstanding Principal Balance (unless Borrower, at its sole election, simultaneously with the Special Release has made a prepayment pursuant to Section 2.4.2).
Special Release. Products with an approved deviation shall be delivered separately and must be clearly visibly marked on the delivery note as well as on all the packaging units as a " Special release" and entail the indication of the deviating features. Moreover, the delivery documents must be accompa- xxxx by a copy of the deviation approval. Deviation permits are generally limited to either a specific amount or expire on a specific date.
Special Release. Upon the request of the Company pursuant to Section 1404(a)(6) of the Indenture, the Collateral Agent shall execute and deliver to the Company (or its designee) such documents and instruments prepared by the Company and delivered to the Collateral Agent pursuant to clause (iii) below that are reasonably required to effect or evidence the release of the Collateral and/or Mortgaged Property selected by the Company (the “Special Released Collateral”), without any recourse or warranty or representation whatsoever, provided that each of the following conditions shall have occurred to the satisfaction of the Collateral Agent as a condition to such release:
(i) prior to or concurrently with such release, each of the conditions set forth in Section 1404(a)(6) of the Indenture;
(ii) the Collateral Agent shall have received a Collateral Certificate with respect to such released Collateral or Mortgaged Property; and
(iii) the Collateral Agent shall have received from the Company such Uniform Commercial Code amendments (including fixture filing amendments) and such other documentation (including any mortgage or deed of trust release documentation) as the Company shall reasonably request in order to release the Lien created hereunder in the Collateral and real property set forth in the attachment to the Collateral Certificate delivered in clause (ii) above.
Special Release. Buyer (i) has agreed to make significant repairs to the roof relating to the Owned Real Property after Closing, and (ii) shall assume all Liabilities relating directly to the roof and those repairs; provided, that nothing in this Section 4.13 shall relieve Sellers from any Liability other than Liabilities solely and directly relating to the roof and the roof repairs undertaken by Buyer.