SUBSTITUTION OF VESSEL Sample Clauses

SUBSTITUTION OF VESSEL. If Tenant intends to substitute a different vessel for that referred herein, the Port gives no assurance that the slip assignment designated herein will accommodate such other vessel or that another slip assignment will be available. Therefore, no vessel shall be substituted for that referred to herein without the prior approval of the Port. If the vessel represented herein is moored in another slip (other than that assigned herein), it will be subject to transient moorage rates unless specifically authorized by the Port. 12. ASSIGNMENT AND TRANSFER Tenant shall not assign, transfer or sublet this agreement and/or the slip designated herein without prior approval of the Port. If Tenant is a corporation, Tenant further agrees that if at any time during the term of this agreement more than one-half (1/2) of the outstanding shares of any class of stock of Tenant shall belong to any stockholder other than those who own more than one-half (1/2) of the outstanding shares of that class of stock at the time of the signing of this agreement, or other than members of their immediate families, such change in ownership of stock of Tenant shall be deemed an assignment of this agreement within the meaning of this paragraph. Use of the designated slip is personal to Tenant and a person purchasing the vessel or any partnership or other interest therein from Tenant will not thereby acquire rights under this agreement, or rights to use the slip in the absence of such an amendment. In the absence of express authorization by means of an amendment to this agreement, failure of Tenant to keep title to the vessel documented or registered under applicable Federal, State, or foreign law and regulations exclusively in the name of Tenant shall constitute a violation of this agreement subject to the termination provisions of paragraph 18 below. The Port reserves the right to withhold its consent to any future amendment to this agreement requested by Tenant even though on occasion it may consent to one or more such amendments. 13. EMERGENCY AUTHORITY In the event the Tenant's vessel, or a vessel in an adjacent slip is, in the sole judgment of the Port, subject to loss, destruction, or damage from any cause, the Port may, but is not required, to carry out any procedure which the Port deems reasonable to endeavor to prevent any such loss, destruction or damage, including removing the vessel to dry land storage. Dry land storage fee and the cost of haul-out will be charged to Tenant's ac...
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SUBSTITUTION OF VESSEL. If Tenant intends to substitute a different vessel for that referred herein, the Port gives no assurance that the slip assignment designated herein will accommodate such other vessel or that another slip assignment will be available. Therefore, no vessel shall be substituted for that referred to herein without the prior approval of the Port. If the vessel represented herein is moored in another slip (other than that assigned herein), it will be subject to transient moorage rates unless specifically authorized by the Port. 11. ASSIGNMENT AND TRANSFER Tenant shall not assign, transfer or sublet this agreement and/or the slip designated herein without prior approval of the Port. If Tenant is a corporation, Tenant further agrees that if at any time during the term of this agreement more than one-half (1/2) of the outstanding shares of any class of stock of Tenant shall belong to any stockholder other than those who own more than one-half (1/2) of the outstanding shares of that class of stock at the time of the signing of this agreement, or other than members of their immediate families, such change in ownership of stock of Tenant shall be deemed an assignment of this agreement within the meaning of this paragraph. Use of the designated slip is personal to Tenant and a person purchasing the vessel or any partnership or other interest therein from Tenant will not thereby acquire rights under this agreement, or rights to use the slip in the absence of such an amendment. In the absence of express authorization by means of an amendment to this agreement, failure of Tenant to keep title to the vessel documented or registered under applicable Federal, State, or foreign law and regulations exclusively in the name of Tenant shall constitute a violation of this agreement subject to the termination provisions of paragraph 18 below. The Port reserves the right to withhold its consent to any future amendment to this agreement requested by Tenant even though on occasion it may consent to one or more such amendments. 12.
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SUBSTITUTION OF VESSEL. Buyer is allowed to substitute the originally nominated vessel provided that the vessel's ETA at loading berth remains unchanged and shall provide Seller with notice of substitution at least 7 calendar days prior to the ETA. If the originally nominated vessel or the substituted vessel is delayed (but always within the original shipment period) beyond the given ETA at the loading berth by more than 3 calendar days, Buyer shall bear all the additional costs including extra storage, overtime, export duties and incidental expenses, etc as incurred.
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SUBSTITUTION OF VESSEL. Buyers are allowed to substitute the nominated Xxxxxx(s) provided that (i) the substitute Xxxxxx is able to load the same nominated quantity within the same laycan as the original Vessel; (ii) the Buyers notify the Sellers of such substitution as soon as possible before the expected arrival of the original Vessel(s) (Refer note 4). A substituted vessel must meet all terms and conditions of the accepted original vessel nomination, unless agreed by Xxxxxx. If the ETA of the substituted vessel is earlier than the originally nominated ETA, time will not count as laytime until the original ETA unless loading commences sooner. .
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SUBSTITUTION OF VESSEL. Xxxxx is allowed to substitute the nominated vessel provided that the vessel's expected time of arrival at load port remains unchanged. However, Buyer shall notify Seller such substitution at least forty-eight (48) hours before the arrival of the substituted vessel. If the nominated vessel or the substitute vessel is delayed (but within the contract period) beyond the expected time of arrival to load by more than seventy-two (72) hours, Buyer shall bear all the additional costs including extra storage, heating charges, overtime, interests and other incidentals as incurred. Once the nominated vessel is alongside the loading berth, no substitution of vessel shall be allowed without the consent of the Seller, unless the substitution is necessitated due to the rejection of the vessel or vessel’s tanks by the Buyer’s nominated surveyor or due to other factors beyond the Buyer’s control. In the event of such a substitution, which shall comply with other provisions of this contract relating to substitution, the Seller shall be entitled to claim additional costs, as incurred, from the Buyer.
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SUBSTITUTION OF VESSEL. If Tenant intends to substitute a different vessel for that referred herein, the Port gives no assurance that the slip assignment designated herein will accommodate such other vessel or that another slip assignment will be available. Therefore, no vessel shall be substituted for that referred to herein without the prior approval of the Port. If the vessel represented herein is moored in another slip (other than that assigned herein), it will be subject to transient moorage rates unless specifically authorized by the Port. 12.
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SUBSTITUTION OF VESSEL. Prestige Harbour Cruises has the right to substitute a vessel for one that has similar features. Should there be any safety issues with, or damage to, the vessel that cause your charter to be cancelled, you will be given the option to reschedule or receive a full refund in accordance with these terms and conditions. For the avoidance of doubt, you will not be entitled to any refund or rescheduling if such damage is caused by you or your guests.
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SUBSTITUTION OF VESSEL. If Licensee intends to substitute a different vessel for that referred herein, the Port gives no assurance that the slip assignment designated herein will accommodate such other vessel or that another slip assignment will be available. Therefore, no vessel shall be substituted for that one designated herein without the prior approval of the Port. If the vessel r designated herein is moored in another slip (other than that assigned herein), it will be subject to transient moorage rates, unless specifically authorized by the Port. 18.
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SUBSTITUTION OF VESSEL. Subject to Charterer's prior written consent and approval, Owner shall have the right to deploy a substitute vessel under this Agreement provided that such substitute vessel shall meet the same particulars and specifications (or better) of the Vessel and other obligations and criterion as set forth in this Agreement. SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****).
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Related to SUBSTITUTION OF VESSEL

  • Substitution of Receipts At the request of a Holder, the Depositary shall, for the purpose of substituting a certificated Receipt with a Receipt issued through any book-entry system, including, without limitation, DRS/Profile, or vice versa, execute and Deliver a certificated Receipt or deliver a statement, as the case may be, for any authorized number of ADSs requested, evidencing the same aggregate number of ADSs as those evidenced by the relevant Receipt.

  • Substitution of Engines Upon the occurrence of an Event of Loss with respect to an Engine under circumstances in which an Event of Loss with respect to the Airframe has not occurred, Owner shall promptly (and in any event within 15 days after such occurrence) give the Mortgagee written notice of such Event of Loss. The Owner shall have the right at its option at any time, on at least 5 Business Days’ prior notice to the Mortgagee, to substitute, and if an Event of Loss shall have occurred with respect to an Engine under circumstances in which an Event of Loss with respect to the Airframe has not occurred, shall within 60 days of the occurrence of such Event of Loss substitute, a Replacement Engine for any Engine. In such event, immediately upon the effectiveness of such substitution and without further act, (i) the replaced Engine shall thereupon be free and clear of all rights of the Mortgagee and the Lien of this Trust Indenture and shall no longer be deemed an Engine hereunder and (ii) such Replacement Engine shall become subject to this Trust Indenture and be deemed part of the Aircraft for all purposes hereof to the same extent as the replaced Engine. Such Replacement Engine shall be an engine manufactured by Engine Manufacturer that is the same model as the Engine to be replaced thereby, or an improved model, and that is suitable for installation and use on the Airframe, and that has a value, utility and remaining useful life (without regard to hours and cycles remaining until overhaul) at least equal to the Engine to be replaced thereby (assuming that such Engine had been maintained in accordance with this Trust Indenture). The Owner’s right to make a replacement hereunder shall be subject to the fulfillment (which may be simultaneous with such replacement) of the following conditions precedent at the Owner’s sole cost and expense, and the Mortgagee agrees to cooperate with the Owner to the extent necessary to enable it to timely satisfy such conditions:

  • SUBSTITUTION OF PREMISES If, for reasons other than Provider’s breach of its obligations hereunder, Provider ceases to have access rights to the Premises as necessary to operate the System prior to the Expiration Date, then Purchaser shall either (i) provide Provider with a mutually agreeable substitute premises in a location with similar Solar Insolation, or (ii) terminate the Agreement pursuant to Section 2.2. Purchaser shall provide at least one hundred and eighty (180) days’ written notice prior to the date on which it desires to effect such substitution. In connection with such substitution, Purchaser and Provider shall amend the Agreement to specify the substitute premises. Purchaser shall also provide any new owner, lessor, or mortgagee consents or releases required by Provider’s Financing Party in connection with the substitute Premises. If Purchaser is unable to obtain such consents and releases for a substitute Premises, the substitution shall not be allowed and Purchaser shall terminate the Agreement pursuant to Section 2.2. Purchaser shall pay all costs associated with relocation of the System including all costs and expenses incurred by or on behalf of Provider in connection with removal of the System from the existing Premises and repair or maintenance of the Premises, if applicable, and installation and testing of the System at such substitute premises and all applicable interconnection fees and expenses at the substitute premises, as well as costs of new title search and other out of pocket expenses connected to preserving and refiling the security interest of Provider’s Financing Party in the System. Provider shall make commercially reasonable efforts to remove all of its tangible property comprising the System from the vacated Premises prior to the termination of Purchaser’s rights to use such Premises. Upon removal of the tangible property comprising the System from the Premises, the Premises shall be returned to its original condition, except for ordinary wear and tear. If the System is to be located on a roof, then in no case shall Provider’s removal of the System affect the integrity of the roof of the Premises, which shall be as leak proof as it was prior to removal of System. In connection with any substitution of Premises, Purchaser shall continue to make all payments for the Solar Services, and Purchaser shall reimburse Provider for any lost revenue during any transfer or construction time period (the “Transfer Time”), including any lost revenue associated with Payments, any reduced sales of Environmental Attributes and any reduced Solar Incentives during the Transfer Time. For the purpose of calculating Payments and lost revenue for such Transfer Time, Solar Services for each month of said Transfer Time shall be deemed to have been produced at the average rate over the same month for which data exists (or, if the substitution occurs within the first twelve (12) months of operation, the average over such period of operation).

  • Substitution of ADRs The Depositary shall execute and deliver a new Direct Registration ADR in exchange and substitution for any mutilated certificated ADR upon cancellation thereof or in lieu of and in substitution for such destroyed, lost or stolen certificated ADR, unless the Depositary has notice that such ADR has been acquired by a bona fide purchaser, upon the Holder thereof filing with the Depositary a request for such execution and delivery and a sufficient indemnity bond and satisfying any other reasonable requirements imposed by the Depositary.

  • Substitution of Collateral A Fund may substitute securities for any securities identified as Collateral by delivery to the Custodian of a Pledge Certificate executed by such Fund on behalf of the applicable Portfolio, indicating the securities pledged as Collateral.

  • Substitution of Mortgage Loans Notwithstanding anything to the contrary in this Agreement, in lieu of purchasing a Mortgage Loan pursuant to the Mortgage Loan Purchase Agreement or Sections 2.02 or 2.03 of this Agreement, the Seller may, no later than the date by which such purchase by the Seller would otherwise be required, tender to the Trustee a Substitute Mortgage Loan accompanied by a certificate of an authorized officer of the Seller that such Substitute Mortgage Loan conforms to the requirements set forth in the definition of "Substitute Mortgage Loan" in this Agreement; provided, however, that substitution pursuant to the Mortgage Loan Purchase Agreement or Section 2.04 of this Agreement, as applicable, in lieu of purchase shall not be permitted after the termination of the two-year period beginning on the Startup Day; provided, further, that if the breach would cause the Mortgage Loan to be other than a "qualified mortgage" as defined in Section 860G(a)(3) of the Code, any such cure or substitution must occur within 90 days from the date the breach was discovered. The Custodian, as agent for the Trustee, shall examine the Mortgage File for any Substitute Mortgage Loan in the manner set forth in Section 2.02(a) and the Trustee or the Custodian, as its agent, shall notify the Seller, in writing, within five Business Days after receipt, whether or not the documents relating to the Substitute Mortgage Loan satisfy the requirements of the fifth sentence of Subsection 2.02(a). Within two Business Days after such notification, the Seller shall provide to the Trustee for deposit in the Distribution Account the amount, if any, by which the Outstanding Principal Balance as of the next preceding Due Date of the Mortgage Loan for which substitution is being made, after giving effect to the Scheduled Principal due on such date, exceeds the Outstanding Principal Balance as of such date of the Substitute Mortgage Loan, after giving effect to Scheduled Principal due on such date, which amount shall be treated for the purposes of this Agreement as if it were the payment by the Seller of the Repurchase Price for the purchase of a Mortgage Loan by the Seller. After such notification to the Seller and, if any such excess exists, upon receipt of such deposit, the Trustee shall accept such Substitute Mortgage Loan which shall thereafter be deemed to be a Mortgage Loan hereunder. In the event of such a substitution, accrued interest on the Substitute Mortgage Loan for the month in which the substitution occurs and any Principal Prepayments made thereon during such month shall be the property of the Trust Fund and accrued interest for such month on the Mortgage Loan for which the substitution is made and any Principal Prepayments made thereon during such month shall be the property of the Seller. The Scheduled Principal on a Substitute Mortgage Loan due on the Due Date in the month of substitution shall be the property of the Seller and the Scheduled Principal on the Mortgage Loan for which the substitution is made due on such Due Date shall be the property of the Trust Fund. Upon acceptance of the Substitute Mortgage Loan (and delivery to the Custodian of a Request for Release for such Mortgage Loan), the Custodian, as agent for the Trustee, shall release to the Seller the related Mortgage File related to any Mortgage Loan released pursuant to the Mortgage Loan Purchase Agreement or Section 2.04 of this Agreement, as applicable, and shall execute and deliver all instruments of transfer or assignment, without recourse, representation or warranty in form as provided to it as are necessary to vest in the Seller title to and rights under any Mortgage Loan released pursuant to the Mortgage Loan Purchase Agreement or Section 2.04 of this Agreement, as applicable. The Seller shall deliver to the Custodian the documents related to the Substitute Mortgage Loan in accordance with the provisions of the Mortgage Loan Purchase Agreement or Subsections 2.01(b) and 2.02(b) of this Agreement, as applicable, with the date of acceptance of the Substitute Mortgage Loan deemed to be the Closing Date for purposes of the time periods set forth in those Subsections. The representations and warranties set forth in the Mortgage Loan Purchase Agreement shall be deemed to have been made by the Seller with respect to each Substitute Mortgage Loan as of the date of acceptance of such Mortgage Loan by the Trustee. The Master Servicer shall amend the Mortgage Loan Schedule to reflect such substitution and shall provide a copy of such amended Mortgage Loan Schedule to the Trustee and the Rating Agencies.

  • Substitution of Banks 13 3.8. Survival.............................................................14

  • Substitution of Bank If (i) the obligation of any Bank to make Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (ii) any Bank has demanded compensation under Section 8.03 or 8.04, the Borrowers shall have the right, with the assistance of the Administrative Agent, to seek a mutually satisfactory substitute bank or banks (which may be one or more of the Banks) to purchase the Loans and assume the Commitment of such Bank.

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