Time and place of delivery and notices. (a) The Vessel shall be delivered and taken over safely afloat after discharge of cargo at a safe and accessible berth or anchorage at/in a location (state place/range) in the Sellers' option not before 60 days after the Effective Date. Notice of Readiness shall not be tendered before: ___________ (date) Cancelling Date (see Clauses 5(c), 6 (a)(i), 6 (a) (iii) and 14): 120 days after the Effective Date (b) The Sellers shall keep the Buyers well informed of the Vessel's itinerary and shall provide the Buyers with thirty (30), twenty (20), fifteen (15), ten (10), five (5) and three (3) days' notice of the date the Sellers intend to tender Notice of Readiness and Two (2) and One (1) days definite notice of the date Sellers intend to tender Notice of Readinessand of the intended place of delivery. When the Vessel is at the place of delivery and physically ready for delivery in accordance with This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. this Agreement, the Sellers shall give the Buyers a written Notice of Readiness for delivery. (c) If the Sellers anticipate that, notwithstanding the exercise of due diligence by them, the Vessel will not be ready for delivery by the Cancelling Date they may notify the Buyers in writing stating the date when they anticipate that the Vessel will be ready for delivery and proposing a new Cancelling Date. Upon receipt of such notification the Buyers shall have the option of either cancelling this Agreement in accordance with Clause 14 (Sellers' Default) within three (3) Banking Days of receipt of the notice or of accepting the new date as the new Cancelling Date. If the Buyers have not declared their option within three (3)seven (7) Banking Days of receipt of the Sellers' notification or if the Buyers accept the new date, the date proposed in the Sellers' notification shall be deemed to be the new Cancelling Date and shall be substituted for the Cancelling Date stipulated in line 79. If this Agreement is maintained with the new Cancelling Date all other terms and conditions hereof including those contained in Clauses 5(b) and 5(d) shall remain unaltered and in full force and effect. (d) Cancellation, failure to cancel or acceptance of the new Cancelling Date shall be entirely without prejudice to any claim for damages the Buyers may have under Clause 14 (Sellers' Default) for the Vessel not being ready by the original Cancelling Date. (e) Should the Vessel become an actual, constructive or compromised total loss before delivery the Deposit together with interest earned, if any, shall be released immediately to the Buyers whereafter this Agreement shall be null and void.
Appears in 4 contracts
Samples: Memorandum of Agreement (Euronav NV), Memorandum of Agreement (Euronav NV), Memorandum of Agreement (Euronav NV)
Time and place of delivery and notices. (a) The Vessel shall be delivered and taken over safely afloat after discharge of cargo at a safe and accessible berth or anchorage at/in a location (state place/range) WW in the Sellers' option not before 60 days after the Effective Date’ option. Notice of Readiness shall not be tendered before: ___________ (date) 11th march 2022 in Sellers’ option Cancelling Date (see Clauses 5(c), 6 (a)(i6(a)(i), 6 (a) (iii) and 14): 120 days after the Effective Date31st may 2022 in Buyers’ option
(b) The Sellers shall keep the Buyers well informed of the Vessel's ’s itinerary and shall provide the Buyers with thirty (30), twenty (20), fifteen (15), ten (10), seven (7), five (5) and three (3) days' ’ approximate notice and two (2), one (1) days notice of the expected time date the Sellers intend to tender Notice of Readiness and Two (2) and One (1) days definite notice of the date Sellers intend to tender Notice of Readinessand of the intended place of delivery. When the Vessel is at the place of delivery and physically ready for delivery in accordance with This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. this Agreement, the Sellers shall give the Buyers a written Notice of Readiness for delivery.
(c) If the Sellers anticipate that, notwithstanding the exercise of due diligence by them, the Vessel will not be ready for delivery by the Cancelling Date they may notify the Buyers in writing stating the date when they anticipate that the Vessel will be ready for delivery and proposing a new Cancelling Date. Upon receipt of such notification the Buyers shall have the option of either cancelling this Agreement in accordance with Clause 14 (Sellers' ’ Default) within three (3) Banking Days of receipt of the notice or of accepting the new date as the new Cancelling Date. If the Buyers have not declared their option within one (1) three (3)seven (73) Banking Days of receipt of the Sellers' ’ notification or if the Buyers accept the new date, the date proposed in the Sellers' ’ notification shall be deemed to be the new Cancelling Date and shall be substituted for the Cancelling Date stipulated in line 79. If this Agreement is maintained with the new Cancelling Date all other terms and conditions hereof including those contained in Clauses 5(b) and 5(d) shall remain unaltered and in full force and effect.
(d) Cancellation, failure to cancel or acceptance of the new Cancelling Date shall be entirely without prejudice to any claim for damages the Buyers may have under Clause 14 (Sellers' 14(Sellers’ Default) for the Vessel not being ready by the original Cancelling Date.
(e) Should the Vessel become an actual, constructive or compromised total loss before delivery the Deposit together with interest earned, if any, shall be released immediately to the Buyers whereafter this Agreement shall be null and void.
Appears in 2 contracts
Samples: Memorandum of Agreement (Imperial Petroleum Inc./Marshall Islands), Memorandum of Agreement (Imperial Petroleum Inc./Marshall Islands)
Time and place of delivery and notices. (a) The Vessel shall be delivered and taken over safely afloat after discharge of cargo at a safe and accessible berth or anchorage at/in a location within the Vessel's current trading Area (state Sellers to advise ports/CPs)(state place/range) in the Sellers' option not before 60 days after the Effective Dateoption. Notice of Readiness shall not be tendered before: ___________ 12th March 2018. (date) Cancelling Date (see Clauses 5(c), 6 (a)(i), 6 (a) (iiia)(iii) and 14): 120 days after the Effective Date27th April 2018.
(b) The Sellers shall keep the Buyers well informed of the Vessel's itinerary and shall provide the Buyers with thirty (30), twenty (20), fifteen (15), ten (10), seven (7), five (5) and three (3) days' approximate notice of the date and port and two (2) and one (1) days definite notice of the Sellers intend to tender Notice of Readiness and Two (2) and One (1) days definite notice of the date Sellers intend to tender Notice of Readinessand of the intended date and place of delivery. When the Vessel is at the place of delivery and physically ready for delivery in accordance with This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. this Agreement, the Sellers shall give the Buyers a written Notice of Readiness for delivery.
(c) If the Sellers anticipate that, notwithstanding the exercise of due diligence by them, the Vessel will not be ready for delivery by the Cancelling Date they may notify the Buyers in writing stating the date when they anticipate that the Vessel will be ready for delivery and proposing a new Cancelling Date. Upon receipt of such notification the Buyers shall have the option of either accepting the new date as the new cancelling date or proposing one new cancelling date.either cancelling this Agreement in accordance with Clause 14 (Sellers' Default) within three (3) Banking Days of receipt of the notice or of accepting the new date as the new Cancelling Date. If the Buyers have not declared their option within three (3)seven (73) Banking Days of receipt of the Sellers' notification or if the Buyers accept the new date, the date proposed in the Sellers' notification shall be deemed to be the new Cancelling Date and shall be substituted for the Cancelling Date stipulated in line 79. If this Agreement is maintained with the new Cancelling Date all other terms and conditions hereof including those contained in Clauses 5(b) and 5(d) shall remain unaltered and in full force and effect.
(d) Cancellation, failure to cancel or acceptance of the new Cancelling Date shall be entirely without prejudice to any claim for damages the Buyers may have under Clause 14 (Sellers' Default) for the Vessel not being ready by the original Cancelling Date.
(e) Should the Vessel become an actual, constructive or compromised total loss before delivery the Deposit together with interest earned, if any, shall be released immediately to the Buyers whereafter this Agreement shall be null and void.
Appears in 2 contracts
Samples: Memorandum of Agreement (Diana Containerships Inc.), Memorandum of Agreement (Diana Containerships Inc.)
Time and place of delivery and notices. (a) The Vessel shall be delivered and taken over safely afloat after discharge of cargo at a safe and accessible berth or anchorage at/in a location (state place/range) WW in the Sellers' option not before 60 days after the Effective Date’ option. Notice of Readiness shall not be tendered before: ___________ (date) 21th march 2022 in Sellers’ option Cancelling Date (see Clauses 5(c), 6 (a)(i), 6 (a) (iii6(a)(iii) and 14): 120 days after the Effective Date31th may 2022 in Buyers’ option
(b) The Sellers shall keep the Buyers well informed of the Vessel's ’s itinerary and shall provide the Buyers with thirty (30), twenty (20), fifteen (15), ten (10), seven (7), five (5) and three (3) days' ’ approximate notice and two (2), one (1) days notice of the expected time date the Sellers intend to tender Notice of Readiness and Two (2) and One (1) days definite notice of the date Sellers intend to tender Notice of Readinessand of the intended place of delivery. When the Vessel is at the place of delivery and physically ready for delivery in accordance with This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. this Agreement, the Sellers shall give the Buyers a written Notice of Readiness for delivery.
(c) If the Sellers anticipate that, notwithstanding the exercise of due diligence by them, the Vessel will not be ready for delivery by the Cancelling Date they may notify the Buyers in writing stating the date when they anticipate that the Vessel will be ready for delivery and proposing a new Cancelling Date. Upon receipt of such notification the Buyers shall have the option of either cancelling this Agreement in accordance with Clause 14 (Sellers' ’ Default) within three (3) Banking Days of receipt of the notice or of accepting the new date as the new Cancelling Date. If the Buyers have not declared their option within one (1) three (3)seven (73) Banking Days of receipt of the Sellers' ’ notification or if the Buyers accept the new date, the date proposed in the Sellers' ’ notification shall be deemed to be the new Cancelling Date and shall be substituted for the Cancelling Date stipulated in line 79. If this Agreement is maintained with the new Cancelling Date all other terms and conditions hereof including those contained in Clauses 5(b) and 5(d) shall remain unaltered and in full force and effect.
(d) Cancellation, failure to cancel or acceptance of the new Cancelling Date shall be entirely without prejudice to any claim for damages the Buyers may have under Clause 14 (Sellers' ’ Default) for the Vessel not being ready by the original Cancelling Date.
(e) Should the Vessel become an actual, constructive or compromised total loss before delivery the Deposit together with interest earned, if any, shall be released immediately to the Buyers whereafter this Agreement shall be null and void.
Appears in 2 contracts
Samples: Memorandum of Agreement (Imperial Petroleum Inc./Marshall Islands), Memorandum of Agreement (Imperial Petroleum Inc./Marshall Islands)
Time and place of delivery and notices. (a) The Vessel shall be delivered and taken over safely afloat after discharge of cargo at the Builder’s yard, a safe and accessible berth or anchorage at/in a location (state place/range) in the Sellers' option not before 60 days after the Effective Date’ option. Notice of Readiness shall not be tendered before: ___________ 2nd January 2015 (date) Cancelling Date (see Clauses 5(c), 6 (a)(i), 6 (a) (iii) and 14): 120 days after the Effective Date15th April 2015
(b) The Sellers shall keep the Buyers well fully informed of the Vessel's ’s construction process itinerary and make sure that the Buyers are copied on all reports from the site team and all relevant correspondence with the Builder. The Sellers shall provide the Buyers with thirty (30), twenty (20), fifteen (15), ten (10), five (5) and three (3) days' ’ notice of the date the Sellers intend to tender Notice of Readiness Readiness. and Two (2) and One (1) days definite notice of the date Sellers intend to tender Notice of Readinessand of the intended place of delivery. When the Vessel is at the place of delivery and physically ready for delivery in accordance with This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' ’ Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' ’ Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. When the Vessel is at the place of delivery and physically ready for delivery in accordance with this Agreement, the Sellers shall give the Buyers a written Notice of Readiness for delivery.
(c) If the Sellers anticipate that, notwithstanding the exercise of due diligence by them, the Vessel will not be ready for delivery by the Cancelling Date they may notify the Buyers in writing stating the date when they anticipate that the Vessel will be ready for delivery and proposing a new Cancelling Date. Upon receipt of such notification the Buyers shall have the option of either cancelling this Agreement in accordance with Clause 14 (Sellers' ’ Default) within three (3) Banking Days of receipt of the notice or of accepting the new date as the new Cancelling Date. If the Buyers have not declared their option within three (3)seven (73) Banking Days of receipt of the Sellers' ’ notification or if the Buyers accept the new date, the date proposed in the Sellers' ’ notification shall be deemed to be the new Cancelling Date and shall be substituted for the Cancelling Date stipulated in line 79. If this Agreement is maintained with the new Cancelling Date all other terms and conditions hereof including those contained in Clauses 5(b) and 5(d) shall remain unaltered and in full force and effect.
(d) Cancellation, failure to cancel or acceptance of the new Cancelling Date shall be entirely without prejudice to any claim for damages the Buyers may have under Clause 14 (Sellers' ’ Default) for the Vessel not being ready by the original Cancelling Date.
(e) Should the Vessel become an actual, constructive or compromised total loss before delivery the Deposit together with interest earned, if any, shall be released immediately to the Buyers whereafter this Agreement shall be null and void.
Appears in 2 contracts
Samples: Memorandum of Agreement (Nordic American Offshore Ltd.), Memorandum of Agreement (Nordic American Offshore Ltd.)
Time and place of delivery and notices. (a) The Vessel shall be delivered and taken over safely afloat after discharge of cargo at the Builder’s yard. a safe and accessible berth or anchorage at/in a location (state place/range) in the Sellers' option not before 60 days after the Effective DateSeller’s option. Notice of Readiness shall not be tendered before: ___________ 2nd January 2015 (date) Cancelling Date (see Clauses 5(c), 6 (a)(i), 6 (a) (iii) and 14): 120 days after the Effective Date15th April 2015
(b) The Sellers shall keep the Buyers well fully informed of the Vessel's ’s construction process itinerary and make sure that the Buyers are copied on all reports from the site team and all relevant correspondence with the Builder. The Sellers shall provide the Buyers with thirty (30), twenty (20), fifteen (15), ten (10), five (5) and three (3) days' ’ notice of the date the Sellers intend to tender Notice of Readiness Readiness. and Two (2) and One (1) days definite notice of the date Sellers intend to tender Notice of Readinessand of the intended place of delivery. When the Vessel is at the place of delivery and physically ready for delivery in accordance with This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' ’ Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' ’ Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. When the Vessel is at the place of delivery and physically ready for delivery in accordance with this Agreement, the Sellers shall give the Buyers a written Notice of Readiness for delivery.
(c) If the Sellers anticipate that, notwithstanding the exercise of due diligence by them, the Vessel will not be ready for delivery by the Cancelling Date they may notify the Buyers in writing stating the date when they anticipate that the Vessel will be ready for delivery and proposing a new Cancelling Date. Upon receipt of such notification the Buyers shall have the option of either cancelling this Agreement in accordance with Clause 14 (Sellers' ’ Default) within three (3) Banking Days of receipt of the notice or of accepting the new date as the new Cancelling Date. If the Buyers have not declared their option within three (3)seven (73) Banking Days of receipt of the Sellers' ’ notification or if the Buyers accept the new date, the date proposed in the Sellers' ’ notification shall be deemed to be the new Cancelling Date and shall be substituted for the Cancelling Date stipulated in line 79. If this Agreement is maintained with the new Cancelling Date all other terms and conditions hereof including those contained in Clauses 5(b) and 5(d) shall remain unaltered and in full force and effect.
(d) Cancellation, failure to cancel or acceptance of the new Cancelling Date shall be entirely without prejudice to any claim for damages the Buyers may have under Clause 14 (Sellers' ’ Default) for the Vessel not being ready by the original Cancelling Date.
(e) Should the Vessel become an actual, constructive or compromised total loss before delivery the Deposit together with interest earned, if any, shall be released immediately to the Buyers whereafter this Agreement shall be null and void.
Appears in 2 contracts
Samples: Memorandum of Agreement (Nordic American Offshore Ltd.), Memorandum of Agreement (Nordic American Offshore Ltd.)
Time and place of delivery and notices. (a) The Vessel shall be delivered and taken over safely afloat after discharge of cargo at a safe and accessible berth or anchorage at/in a location within the vessel's trading area (state place/range) in the Sellers' option not before 60 days after the Effective Dateoption. Notice of Readiness shall not be tendered before: ___________ 30th of November 2017 (date) Cancelling Date (see Clauses 5(c), 6 (a)(i), 6 (a) (iiia)(iii) and 14): 120 days after the Effective Date30th of March 2018
(b) The Sellers shall keep the Buyers well informed of the Vessel's itinerary and shall provide the Buyers with thirty (30), twenty (20), fifteen (15), ten (10), seven (7), five (5) and three (3) days' approximate notice of the date and port and two (2) and one (1) days definite notice of the Sellers intend to tender Notice of Readiness and Two (2) and One (1) days definite notice of the date Sellers intend to tender Notice of Readinessand of the intended place of delivery. When the Vessel is at the place of delivery and physically ready for delivery in accordance with This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. this Agreement, the Sellers shall give the Buyers a written Notice of Readiness for delivery.
(c) If the Sellers anticipate that, notwithstanding the exercise of due diligence by them, the Vessel will not be ready for delivery by the Cancelling Date they may notify the Buyers in writing stating the date when they anticipate that the Vessel will be ready for delivery and proposing a new Cancelling Date. Upon receipt of such notification the Buyers shall have the option of accepting the new date as the new cancelling date or proposing one new cancelling date. either cancelling this Agreement in accordance with Clause 14 (Sellers' Default) within three (3) Banking Days of receipt of the notice or of accepting the new date as the new Cancelling Date. If the Buyers have not declared their option within three (3)seven (73) Banking Days of receipt of the Sellers' notification or if the Buyers accept the new date, the date proposed in the Sellers' notification shall be deemed to be the new Cancelling Date and shall be substituted for the Cancelling Date stipulated in line 79. If this Agreement is maintained with the new Cancelling Date all other terms and conditions hereof including those contained in Clauses 5(b) and 5(d) shall remain unaltered and in full force and effect.
(d) Cancellation, failure to cancel or acceptance of the new Cancelling Date shall be entirely without prejudice to any claim for damages the Buyers may have under Clause 14 (Sellers' Default) for the Vessel not being ready by the original Cancelling Date.
(e) Should the Vessel become an actual, constructive or compromised total loss before delivery the Deposit together with interest earned, if any, shall be released immediately to the Buyers whereafter this Agreement shall be null and void.
Appears in 2 contracts
Samples: Memorandum of Agreement, Memorandum of Agreement (Diana Containerships Inc.)
Time and place of delivery and notices. See Clause 5 of the Framework Agreement.
(a) The Vessel shall be delivered and taken over safely afloat after discharge of cargo at a safe and accessible berth or anchorage at/in a location any area or port worldwide (state place/range) in the Sellers' option not before 60 days after Seller’s option, but excluding any area or port within (i) the Effective Date. Notice jurisdiction of Readiness shall not be tendered before: ___________ (date) Cancelling Date (see Clauses 5(c), 6 (a)(i), 6 (a) the West Coast of the United States of America; and (iii) and 14): 120 days after any nation prohibited under the Effective Date
(b) The Sellers shall keep the Buyers well informed laws of the Vessel's itinerary and shall provide United States of America, the Buyers with thirty (30), twenty (20), fifteen (15), ten (10), five (5) and three (3) days' notice of United Nations or the date the Sellers intend to tender Notice of Readiness and Two (2) and One (1) days definite notice of the date Sellers intend to tender Notice of Readinessand of the intended place of deliveryEuropean Union. When the Vessel is at the place of delivery and physically ready for delivery in accordance with This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' ’ Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' ’ Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. Notice of Readiness shall not be tendered before: (date) Cancelling Date (see Clauses 5(c), 6 (a)(i), 6 (a) (iii) and 14): See Clause 9.2 of the Framework Agreement
(b) The Sellers shall keep the Buyers well informed of the Vessel’s itinerary and shall provide the Buyers with twenty (20), fifteen (15), ten (10), five (5) and three (3) days’ notice of the date the Sellers intend to tender Notice of Readiness and of the intended range/place of delivery. When the Vessel is at the place of delivery and physically ready for delivery in accordance with this Agreement, the Sellers shall give the Buyers a written Notice of Readiness for delivery.
(c) If the Sellers anticipate that, notwithstanding the exercise of due diligence by them, the Vessel will not be ready for delivery by the Cancelling Date they may notify the Buyers in writing stating the date when they anticipate that the Vessel will be ready for delivery and proposing a new Cancelling Date. Upon receipt of such notification the Buyers shall have the option of either cancelling this Agreement in accordance with Clause 14 (Sellers' ’ Default) within three (3) Banking Days of receipt of the notice or of accepting the new date as the new Cancelling Date. If the Buyers have not declared their option within three (3)seven (73) Banking Days of receipt of the Sellers' ’ notification or if the Buyers accept the new date, the date proposed in the Sellers' ’ notification shall be deemed to be the new Cancelling Date and shall be substituted for the Cancelling Date stipulated in line 79. If this Agreement is maintained with the new Cancelling Date all other terms and conditions hereof including those contained in Clauses 5(b) and 5(d) shall remain unaltered and in full force and effect.
(d) Cancellation, failure to cancel or acceptance of the new Cancelling Date shall be entirely without prejudice to any claim for damages the Buyers may have under Clause 14 (Sellers' ’ Default) for the Vessel not being ready by the original Cancelling Date.
(e) Should the Vessel become an actual, constructive or compromised total loss before delivery the Deposit together with interest earned, if any, shall be released immediately to the Buyers whereafter this Agreement shall be null and void.
Appears in 1 contract
Samples: Memorandum of Agreement (Euronav NV)
Time and place of delivery and notices. (a) The Vessel shall be delivered and taken over safely afloat after discharge of cargo at a safe and accessible berth or anchorage at/in a location place to be mutually agreed by the Parties between 1 May and 15 June 2017 (state place/range) in the Sellers' option not before 60 days after the Effective Dateoption. Notice of Readiness shall not be tendered before: ___________ 1 May 2017 (date) Cancelling Date (see Clauses 5(c), 6 (a)(i), 6 (a) (iii) and 14): 120 days after the Effective Date16 June 2017
(b) The Sellers shall keep the Buyers well informed of the Vessel's itinerary and shall provide the Buyers with thirty (30), twenty (20), fifteen (15), ten (10), five (5) and three (3) days' notice of the date the Sellers intend to tender Notice of Readiness and Two (2) and One (1) days definite notice of the date Sellers intend to tender Notice of Readinessand of the intended place of delivery. When the Vessel is at the place of delivery and physically ready for delivery in accordance with This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. this Agreement, the Sellers shall give the Buyers a written Notice of Readiness for delivery.
(c) If the Sellers anticipate that, notwithstanding the exercise of due diligence by them, the Vessel will not be ready for delivery by the Cancelling Date they may notify the Buyers in writing stating the date when they anticipate that the Vessel will be ready for delivery and proposing a new Cancelling Date. Upon receipt of such notification the Buyers shall have the option of either cancelling this Agreement in accordance with Clause 14 (Sellers' Default) within three (3) Banking Days of receipt of the notice or of accepting the new date as the new Cancelling Date. If the Buyers have not declared their option within three (3)seven (73) Banking Days of receipt of the Sellers' notification or if the Buyers accept the new date, the date proposed in the Sellers' notification shall be deemed to be the new Cancelling Date and shall be substituted for the Cancelling Date stipulated in line 79. If this Agreement is maintained with the new Cancelling Date all other terms and conditions hereof including those contained in Clauses 5(b) and 5(d) shall remain unaltered and in full force and effect.
(d) Cancellation, failure to cancel or acceptance of the new Cancelling Date shall be entirely without prejudice to any claim for damages the Buyers may have under Clause 14 (Sellers' Default) for the Vessel not being ready by the original Cancelling Date.
(e) Should the Vessel become an actual, constructive or compromised total loss before delivery the Deposit together with interest earned, if any, shall be released immediately to the Buyers whereafter this Agreement shall be null and voidvoid and neither Party shall have any obligation or liability to the other Party.
Appears in 1 contract
Time and place of delivery and notices. (a) The Vessel shall be delivered and taken over safely afloat after discharge of cargo at a safe and always accessible berth or anchorage at/in a location *blank (state place/range) in the Sellers' option ’ option. at Shanhaiguan Shipbuilding Industry Co., Ltd, in Quihuangdao, China, not before 60 days after earlier than 5th July, 2018 (provided that the Effective DateImport Inspection Technical Assessment Report has been obtained by the Buyers and not later than 18th July, 2018 in Sellers’ option. Notice of Readiness shall not be tendered before: ___________ (date) ). Cancelling Date (see Clauses 5(c), 6 (a)(i), 6 (a) (iii) and 14): 120 days after the Effective Date18th July, 2018 in Buyers option
(b) The After this Agreement is signed and the Import Inspection Technical Assessment Report obtained, the Sellers shall keep the Buyers well informed of the Vessel's ’s itinerary and shall provide the Buyers with thirty (30), twenty (20), fifteen (15), ten (10), five (5) six (6), and three (3) days' and two (2) days as applicable approximate and 1 day definite notice of the date the Sellers intend to tender Notice of Readiness and Two (2) and One (1) days definite notice of the date Sellers intend to tender Notice of Readinessand of the intended place of delivery. The Buyers at their cost and respsonsibility shall arrange berth availability at Shanhaiguan Shipbuilding Industry Co., Ltd, in Qinhuangdao, China. However, the Sellers local agents have to take care of all Sellers’ responsibilities in arranging clearance, pilotage, tugs assistance, coordinations with Buyers local agents and shipyard etc. Buyers shall pay for the berth fee. In case such berth is not available or Buyers fail to arranange for such berth, the Buyers shall take over the vessel at a safe anchorage. When the Vessel is at the place of delivery and physically ready for delivery in accordance with This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. this Agreement, the Sellers shall give the Buyers a written Notice of Readiness for delivery.
(c) If the Sellers anticipate that, notwithstanding the exercise of due diligence by them, the Vessel will not be ready for delivery by the Cancelling Date they may notify the Buyers in writing stating the date when they anticipate that the Vessel will be ready for delivery and proposing a new Cancelling Date. Upon receipt of such notification the Buyers shall have the option of either cancelling this Agreement in accordance with Clause 14 (Sellers' ’ Default) within three (3) Banking Days of receipt of the notice or of accepting the new date as the new Cancelling Date. If the Buyers have not declared their option within three (3)seven (73) Banking Days of receipt of the Sellers' ’ notification or if the Buyers accept the new date, the date proposed in the Sellers' ’ notification shall be deemed to be the new Cancelling Date and shall be substituted for the Cancelling Date stipulated in line 79. If this Agreement is maintained with the new Cancelling Date all other terms and conditions hereof including those contained in Clauses 5(b) and 5(d) shall remain unaltered and in full force and effect.
(d) Cancellation, failure to cancel or acceptance of the new Cancelling Date shall be entirely without prejudice to any claim for damages the Buyers may have under Clause 14 (Sellers' ’ Default) for the Vessel not being ready by the original Cancelling Date.
(e) Should the Vessel become an actual, constructive or compromised total loss before delivery the Deposit together with interest earned, if any, shall be released immediately to the Buyers whereafter this Agreement shall be null and void.
Appears in 1 contract
Time and place of delivery and notices. See Clause 5 of the Framework Agreement.
(a) The Vessel shall be delivered and taken over safely afloat after discharge of cargo at a safe and accessible berth or anchorage at/in a location any area or port worldwide (state place/range) in the Sellers' option not before 60 days after ’ option, but excluding any area or port within (i) the Effective Date. Notice of Readiness shall not be tendered before: ___________ (date) Cancelling Date (see Clauses 5(c), 6 (a)(i), 6 (a) (iii) and 14): 120 days after the Effective Date
(b) The Sellers shall keep the Buyers well informed jurisdiction of the Vessel's itinerary and shall provide the Buyers with thirty (30), twenty (20), fifteen (15), ten (10), five (5) and three (3) days' notice West Coast of the date United States of America; and (ii) any nation prohibited under the Sellers intend to tender Notice of Readiness and Two (2) and One (1) days definite notice laws of the date Sellers intend to tender Notice United States of Readinessand of America, the intended place of deliveryUnited Nations or the European Union. When the Vessel is at the place of delivery and physically ready for delivery in accordance with This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' ’ Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' ’ Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. Notice of Readiness shall not be tendered before: (date) Cancelling Date (see Clauses 5(c), 6 (a)(i), 6 (a) (iii) and 14): See Clause 9.2 of the Framework Agreement
(b) The Sellers shall keep the Buyers well informed of the Vessel’s itinerary and shall provide the Buyers with twenty (20), fifteen (15), ten (10), five (5) and three (3) days’ notice of the date the Sellers intend to tender Notice of Readiness and of the intended range/place of delivery. When the Vessel is at the place of delivery and physically ready for delivery in accordance with this Agreement, the Sellers shall give the Buyers a written Notice of Readiness for delivery.
(c) If the Sellers anticipate that, notwithstanding the exercise of due diligence by them, the Vessel will not be ready for delivery by the Cancelling Date they may notify the Buyers in writing stating the date when they anticipate that the Vessel will be ready for delivery and proposing a new Cancelling Date. Upon receipt of such notification the Buyers shall have the option of either cancelling this Agreement in accordance with Clause 14 (Sellers' ’ Default) within three (3) Banking Days of receipt of the notice or of accepting the new date as the new Cancelling Date. If the Buyers have not declared their option within three (3)seven (73) Banking Days of receipt of the Sellers' ’ notification or if the Buyers accept the new date, the date proposed in the Sellers' ’ notification shall be deemed to be the new Cancelling Date and shall be substituted for the Cancelling Date stipulated in line 79. If this Agreement is maintained with the new Cancelling Date all other terms and conditions hereof including those contained in Clauses 5(b) and 5(d) shall remain unaltered and in full force and effect.
(d) Cancellation, failure to cancel or acceptance of the new Cancelling Date shall be entirely without prejudice to any claim for damages the Buyers may have under Clause 14 (Sellers' ’ Default) for the Vessel not being ready by the original Cancelling Date.
(e) Should the Vessel become an actual, constructive or compromised total loss before delivery the Deposit together with interest earned, if any, shall be released immediately to the Buyers whereafter this Agreement shall be null and void.
Appears in 1 contract
Samples: Memorandum of Agreement (Euronav NV)
Time and place of delivery and notices. (a) The Vessel shall be delivered and taken over safely afloat after discharge of cargo at a safe and accessible berth or anchorage at/in a location within the trading area of the Vessel (state place/range) in the Sellers' option not before 60 days after the Effective Date’ option. Notice of Readiness shall not be tendered before: ___________ (date10 November 2016(date) Cancelling Date (see Clauses 5(c), 6 (a)(i), 6 (a) (iii) and 14): 120 days after the Effective Date6 January 2017 23:59 Hamburg time
(b) The Sellers shall keep the Buyers well informed of the Vessel's ’s itinerary and shall provide the Buyers with thirty (30), twenty (20), fifteen (15), ten (10), five (5) and three (3) days' ’ notice of the date the Sellers intend to tender Notice of Readiness and Two (2) and One (1) days definite notice of the date Sellers intend to tender Notice of Readinessand of the intended place of delivery. When the Vessel is at the place of delivery and physically ready for delivery in accordance with This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. this Agreement, the Sellers shall give the Buyers a written Notice of Readiness for delivery.
(c) If the Sellers anticipate that, notwithstanding the exercise of due diligence by them, the Vessel will not be ready for delivery by the Cancelling Date they may notify the Buyers in writing stating the date when they anticipate that the Vessel will be ready for delivery and proposing a new Cancelling Date. Upon receipt of such notification the Buyers shall have the option of either cancelling this Agreement in accordance with Clause 14 (Sellers' ’ Default) within three (3) Banking Days of receipt of the notice or of accepting the new date as the new Cancelling Date. If the Buyers have not declared their option within three (3)seven (73) Banking Days of receipt of the Sellers' ’ notification or if the Buyers accept the new date, the date proposed in the Sellers' ’ notification shall be deemed to be the new Cancelling Date and shall be substituted for the Cancelling Date stipulated in line 79. If this Agreement is maintained with the new Cancelling Date all other terms and conditions hereof including those contained in Clauses 5(b) and 5(d) shall remain unaltered and in full force and effect.
(d) Cancellation, failure to cancel or acceptance of the new Cancelling Date shall be entirely without prejudice to any claim for damages the Buyers may have under Clause 14 (Sellers' ’ Default) for the Vessel not being ready by the original Cancelling Date.
(e) Should the Vessel become an actual, constructive or compromised total loss before delivery the Deposit together with interest earned, if any, shall be released immediately to the Buyers whereafter this Agreement shall be null and voidvoid without either party having a claim against the other, howsoever caused including negligence, under or in connection with this Agreement.
Appears in 1 contract
Samples: Memorandum of Agreement (Seanergy Maritime Holdings Corp.)
Time and place of delivery and notices. (a) The Vessel shall be delivered with the current Charter attached (see also Clause 22) and taken over safely afloat after discharge of cargo at a safe and always accessible berth or anchorage at/in a location Charter range in the Sellers’ option not earlier than 1st August 2018 and not later than 30th September 2018 (state place/range) in the Sellers' ’ option not before 60 days after the Effective Date(see also Clause 23). Notice of Readiness shall not be tendered before: ___________ (date) ). Cancelling Date (see Clauses 5(c), 6 (a)(i), 6 (a) (iii) and 14): 120 days after the Effective Date30th September 2018
(b) The Sellers shall keep the Buyers well informed of the Vessel's ’s itinerary and shall provide the Buyers with thirty twenty five (3025), twenty (20), fifteen (15), ten (10), five (5) and three (3) days' ’ approximate notice of the date the Sellers intend to tender Notice of Readiness and Two (2) and One (1) days definite notice of the date Sellers intend to tender Notice of Readinessand of the intended place of delivery. When the Vessel is at the place of delivery and physically ready for delivery in accordance with This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. this Agreement, the Sellers shall give the Buyers a written Notice of Readiness for delivery.
(c) If the Sellers anticipate that, notwithstanding the exercise of due diligence by them, the Vessel will not be ready for delivery by the Cancelling Date they may notify the Buyers in writing stating the date when they anticipate that the Vessel will be ready for delivery and proposing a new Cancelling Date. Upon receipt of such notification the Buyers shall have the option of either cancelling this Agreement in accordance with Clause 14 (Sellers' ’ Default) within three (3) Banking Days of receipt of the notice or of accepting the new date as the new Cancelling Date. If the Buyers have not declared their option within three (3)seven (73) Banking Days of receipt of the Sellers' ’ notification or if the Buyers accept the new date, the date proposed in the Sellers' ’ notification shall be deemed to be the new Cancelling Date and shall be substituted for the Cancelling Date stipulated in line 79. If this Agreement is maintained with the new Cancelling Date all other terms and conditions hereof including those contained in Clauses 5(b) and 5(d) shall remain unaltered and in full force and effect.
(d) Cancellation, failure to cancel or acceptance of the new Cancelling Date shall be entirely without prejudice to any claim for damages the Buyers may have under Clause 14 (Sellers' ’ Default) for the Vessel not being ready by the original Cancelling Date.
(e) Should the Vessel become an actual, constructive or compromised total loss before delivery the Deposit together with interest earned, if any, shall be released immediately to the Buyers whereafter this Agreement shall be null and void.
Appears in 1 contract
Time and place of delivery and notices. (a) The Vessel shall be delivered and taken over safely afloat after discharge of cargo at a safe and accessible berth or anchorage at/in a location # (state place/range) in the Sellers' option not before 60 days after the Effective Date’ option. Notice of Readiness shall not be tendered before: ___________ #(date) Cancelling Date (see Clauses 5(c), 6 (a)(i6(a)(i), 6 (a) (iii6(a)(iii) and 14): 120 days after the Effective Date#
(b) The Sellers shall keep the Buyers well informed of the Vessel's itinerary and shall provide the Buyers with thirty (30), twenty (20), fifteen (15), ten (10), five (5) and three (3) days' ’ notice of the date the Sellers intend to tender Notice of Readiness and Two (2) and One (1) days definite notice of the date Sellers intend to tender Notice of Readinessand of the intended place of delivery. When the Vessel is at the place of delivery and physically ready for delivery in accordance with This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. this Agreement, the Sellers shall give the Buyers a written Notice of Readiness for delivery.
(c) If the Sellers anticipate that, notwithstanding the exercise of due diligence by them, the Vessel will not be ready for delivery by the Cancelling Date they may notify the Buyers in writing stating the date when they anticipate that the Vessel will be ready for delivery and proposing a new Cancelling Date. , Upon receipt of such notification the Buyers shall have the option of either cancelling this Agreement in accordance with Clause 14 (Sellers' ’ Default) within three (3) Banking Days of receipt of the notice or of accepting the new date as the new Cancelling Date. If the Buyers have not declared their option within three (3)seven (73) Banking Days of receipt of the Sellers' ’ notification or if the Buyers accept the new date, the date proposed in the Sellers' ’ notification shall be deemed to be the new Cancelling Date and shall be substituted for the Cancelling Date stipulated in line 79. If this Agreement is maintained with the new Cancelling Date all other terms and conditions hereof including those contained in Clauses 5(b) and 5(d) shall remain unaltered and in full force and effect.
(d) Cancellation, failure to cancel or acceptance of the new Cancelling Date shall be entirely without prejudice to any claim for damages the Buyers may have under Clause 14 (Sellers' ’ Default) for the Vessel not being ready by the original Cancelling Date.
(e) Should the Vessel become an actual, constructive or compromised total loss before delivery the Deposit together with interest earned, if any, shall be released immediately to the Buyers whereafter this Agreement shall be null and void.
Appears in 1 contract
Time and place of delivery and notices. (a) The Vessel shall be delivered with the current Charter attached (see also Clause 22) and taken over safely afloat after discharge of cargo at a safe and always accessible berth or anchorage at/in a location Charter range in the Sellers’ option not earlier than 1st August 2018 and not later than 30th September 2018 (state place/range) in the Sellers' ’ option not before 60 days after the Effective Date(see also Clause 24). Notice of Readiness shall not be tendered before: ___________ (date) ). Cancelling Date (see Clauses 5(c), 6 (a)(i), 6 (a) (iiia)(iii) and 14): 120 days after the Effective Date30th September 2018
(b) The Sellers shall keep the Buyers well informed of the Vessel's ’s itinerary and shall provide the Buyers with thirty twenty five (3025), twenty (20), fifteen (15), ten (10), five (5) and three (3) days' ’ approximate notice of the date the Sellers intend to tender Notice of Readiness and Two (2) and One (1) days definite notice of the date Sellers intend to tender Notice of Readinessand of the intended place of delivery. When the Vessel is at the place of delivery and physically ready for delivery in accordance with This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. this Agreement, the Sellers shall give the Buyers a written Notice of Readiness for delivery.
(c) If the Sellers anticipate that, notwithstanding the exercise of due diligence by them, the Vessel will not be ready for delivery by the Cancelling Date they may notify the Buyers in writing stating the date when they anticipate that the Vessel will be ready for delivery and proposing a new Cancelling Date. Upon receipt of such notification the Buyers shall have the option of either cancelling this Agreement in accordance with Clause 14 (Sellers' ’ Default) within three (3) Banking Days of receipt of the notice or of accepting the new date as the new Cancelling Date. If the Buyers have not declared their option within three (3)seven (73) Banking Days of receipt of the Sellers' ’ notification or if the Buyers accept the new date, the date proposed in the Sellers' ’ notification shall be deemed to be the new Cancelling Date and shall be substituted for the Cancelling Date stipulated in line 79. If this Agreement is maintained with the new Cancelling Date all other terms and conditions hereof including those contained in Clauses 5(b) and 5(d) shall remain unaltered and in full force and effect.
(d) Cancellation, failure to cancel or acceptance of the new Cancelling Date shall be entirely without prejudice to any claim for damages the Buyers may have under Clause 14 (Sellers' ’ Default) for the Vessel not being ready by the original Cancelling Date.
(e) Should the Vessel become an actual, constructive or compromised total loss before delivery the Deposit together with interest earned, if any, shall be released immediately to the Buyers whereafter this Agreement shall be null and void.
Appears in 1 contract
Time and place of delivery and notices. (a) The Vessel shall be delivered and taken over safely afloat after discharge of cargo at a safe and accessible berth or anchorage at/in a location Manila, Philippines or Singapore (state place/range) in the Sellers' option not before 60 days after the Effective Date’ option. Notice of Readiness shall not be tendered before: ___________ 7th February 2018 (date) Cancelling Date (see Clauses 5(c), 6 (a)(i), 6 (a) (iiia)(iii) and 14): 120 days after the Effective Date12th March 2018
(b) The Sellers shall keep the Buyers well informed of the Vessel's ’s itinerary and shall provide the Buyers with thirty (30), twenty (20), fifteen (15), ten (10), five (5) approximate days and three (3), two (2), one (1) definite days' ’ notice of the date the Sellers intend to tender Notice of Readiness and Two (2) and One (1) days definite notice of the date Sellers intend to tender Notice of Readinessand of the intended place of delivery. When the Vessel is at the place of delivery and physically ready for delivery in accordance with This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. this Agreement, the Sellers shall give the Buyers a written Notice of Readiness for delivery.
(c) If the Sellers anticipate that, notwithstanding the exercise of due diligence by them, the Vessel will not be ready for delivery by the Cancelling Date they may notify the Buyers in writing stating the date when they anticipate that the Vessel will be ready for delivery and proposing a new Cancelling Date. Upon receipt of such notification the Buyers shall have the option of either cancelling this Agreement in accordance with Clause 14 (Sellers' ’ Default) within three (3) Banking Days 48 hours of receipt of the notice or of accepting the new date as the new Cancelling Date. If the Buyers have not declared their option within three (3)seven (73) Banking Days 48 hours of receipt of the Sellers' ’ notification or if the Buyers accept the new date, the date proposed in the Sellers' ’ notification shall be deemed to be the new Cancelling Date and shall be substituted for the Cancelling Date stipulated in line 79. If this Agreement is maintained with the new Cancelling Date all other terms and conditions hereof including those contained in Clauses 5(b) and 5(d) shall remain unaltered and in full force and effect.
(d) Cancellation, failure to cancel or acceptance of the new Cancelling Date shall be entirely without prejudice to any claim for damages the Buyers may have under Clause 14 (Sellers' ’ Default) for the Vessel not being ready by the original Cancelling Date.
(e) Should the Vessel become an actual, constructive or compromised total loss before delivery the Deposit together with interest earned, if any, shall be released immediately to the Buyers whereafter this Agreement shall be null and void.
Appears in 1 contract
Samples: Memorandum of Agreement for Sale and Purchase of Ships (Capital Product Partners L.P.)
Time and place of delivery and notices. (a) The Vessel shall be delivered and taken over safely afloat after discharge of cargo at a safe and accessible berth or anchorage at/in a location worldwide (state place/range) ), in the Sellers' option not before 60 days after the Effective Date’ option. Notice of Readiness shall not be tendered before: ___________ 1st August 2022 (date) Cancelling Date (see Clauses 5(c), 6 (a)(i), 6 (a) (iii6(a)(iii) and 14): 120 days after the Effective Date: 16th August 2022
(b) The Sellers shall keep the Buyers well informed of the Vessel's ’s itinerary and shall provide the Buyers with thirty (30), twenty (20), fifteen (15), ) days’ approximate and ten (10), five (5) and three (3), two (2) and one (1) days' ’ firm notice of the date the Sellers intend to tender Notice of Readiness and Two (2) and One (1) days definite notice of the date Sellers intend to tender Notice of Readinessand of the intended place of delivery. When the Vessel is at the place of delivery and physically ready for delivery in accordance with This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. this Agreement, the Sellers shall give the Buyers a written Notice of Readiness for delivery.
(c) If the Sellers anticipate that, notwithstanding the exercise of due diligence by them, the Vessel will not be ready for delivery by the Cancelling Date they may notify the Buyers in writing stating the date when they anticipate that the Vessel will be ready for delivery and proposing a new Cancelling Date. Upon receipt of such notification the Buyers shall have the option of either cancelling this Agreement in accordance with Clause 14 (Sellers' ’ Default) within three (3) Banking Days of receipt of the notice or of accepting the new date as the new Cancelling Date. If the Buyers have not declared their option within three (3)seven (73) Banking Days of receipt of the Sellers' ’ notification or if the Buyers accept the new date, the date proposed in the Sellers' ’ notification shall be deemed to be the new Cancelling Date and shall be substituted for the Cancelling Date stipulated in line 79. If this Agreement is maintained with the new Cancelling Date all other terms and conditions hereof including those contained in Clauses 5(b5 (b) and 5(d5 (d) shall remain unaltered and in full force and effect.
(d) Cancellation, failure to cancel or acceptance of the new Cancelling Date shall be entirely without prejudice to any claim for damages the Buyers may have under Clause 14 (Sellers' ’ Default) for the Vessel not being ready by the original Cancelling Date.
(e) Should the Vessel become an actual, constructive or compromised total loss before delivery the Deposit together with interest earned, if any, shall be released immediately to the Buyers whereafter this Agreement shall be null and void.
Appears in 1 contract
Samples: Memorandum of Agreement for Sale and Purchase of Ships (United Maritime Corp)
Time and place of delivery and notices. (a) The Vessel shall be delivered and taken over safely afloat after discharge of cargo at a safe and accessible berth or anchorage at/in a location wordlwide (state place/range) ), in the Sellers' option not before 60 days after the Effective Date’ option. Notice of Readiness shall not be tendered before: ___________ 1st August 2022 (date) Cancelling Date (see Clauses 5(c), 6 (a)(i), 6 (a) (iii6(a)(iii) and 14): 120 days after the Effective Date: 16th August 2022
(b) The Sellers shall keep the Buyers well informed of the Vessel's ’s itinerary and shall provide the Buyers with thirty (30), twenty (20), fifteen (15), ) days’ approximate and ten (10), five (5) and three (3), two (2) and one (1) days' ’ firm notice of the date the Sellers intend to tender Notice of Readiness and Two (2) and One (1) days definite notice of the date Sellers intend to tender Notice of Readinessand of the intended place of delivery. When the Vessel is at the place of delivery and physically ready for delivery in accordance with This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. this Agreement, the Sellers shall give the Buyers a written Notice of Readiness for delivery.
(c) If the Sellers anticipate that, notwithstanding the exercise of due diligence by them, the Vessel will not be ready for delivery by the Cancelling Date they may notify the Buyers in writing stating the date when they anticipate that the Vessel will be ready for delivery and proposing a new Cancelling Date. Upon receipt of such notification the Buyers shall have the option of either cancelling this Agreement in accordance with Clause 14 (Sellers' ’ Default) within three (3) Banking Days of receipt of the notice or of accepting the new date as the new Cancelling Date. If the Buyers have not declared their option within three (3)seven (73) Banking Days of receipt of the Sellers' ’ notification or if the Buyers accept the new date, the date proposed in the Sellers' ’ notification shall be deemed to be the new Cancelling Date and shall be substituted for the Cancelling Date stipulated in line 79. If this Agreement is maintained with the new Cancelling Date all other terms and conditions hereof including those contained in Clauses 5(b5 (b) and 5(d5 (d) shall remain unaltered and in full force and effect.
(d) Cancellation, failure to cancel or acceptance of the new Cancelling Date shall be entirely without prejudice to any claim for damages the Buyers may have under Clause 14 (Sellers' ’ Default) for the Vessel not being ready by the original Cancelling Date.
(e) Should the Vessel become an actual, constructive or compromised total loss before delivery the Deposit together with interest earned, if any, shall be released immediately to the Buyers whereafter this Agreement shall be null and void.
Appears in 1 contract
Samples: Memorandum of Agreement for Sale and Purchase of Ships (United Maritime Corp)
Time and place of delivery and notices. (a) The Vessel shall be delivered and taken over safely afloat after discharge of cargo at a safe and accessible berth or anchorage at/in a location within the vessel's trading area (state place/range) in the Sellers' option not before 60 days after the Effective Dateoption. Notice of Readiness shall not be tendered before: ___________ 30th of November 2017 (date) Cancelling Date (see Clauses 5(c), 6 (a)(i), 6 (a) (iiia)(iii) and 14): 120 days after the Effective Date30th of March 2018
(b) The Sellers shall keep the Buyers well informed of the Vessel's itinerary and shall provide the Buyers with provide the Buyers with thirty (30), twenty (20), fifteen (15), ten (10), seven (7), five (5) and three (3) days' approximate notice of the date the Sellers intend to tender Notice of Readiness and Two port and two (2) and One one (1) days definite notice of the date Sellers Sallers intend to tender Notice of Readinessand Readiness and of the intended date and place of delivery. When the Vessel is at the place of delivery and physically ready for delivery in accordance with This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. this Agreement, the Sellers shall give the Buyers a written Notice of Readiness for delivery.
(c) If the Sellers anticipate that, notwithstanding the exercise of due diligence by them, the Vessel will not be ready for delivery by the Cancelling Date they may notify the Buyers in writing stating the date when they anticipate that the Vessel will be ready for delivery and proposing a new Cancelling Date. Upon receipt of such notification the Buyers shall have the option of either accepting the new date as the new cancelling date or proposing one new cancelling date. Either cancelling this Agreement in accordance with Clause 14 (Sellers' Default) within three (3) Banking Days of receipt of the notice or of accepting the new date as the new Cancelling Canceling Date. If the Buyers have not declared their option within three (3)seven (73) Banking Days of receipt of the Sellers' notification or if the Buyers accept the new date, the date proposed in the Sellers' notification shall be deemed to be the new Cancelling Date and shall be substituted for the Cancelling Date stipulated in line 79. If this Agreement is maintained with the new Cancelling Date all other terms and conditions hereof including those contained in Clauses 5(b) and 5(d) shall remain unaltered and in full force and effect.
(d) Cancellation, failure to cancel or acceptance of the new Cancelling Date shall be entirely without prejudice to any claim for damages the Buyers may have under Clause 14 (Sellers' Default) for the Vessel not being ready by the original Cancelling Date.
(e) Should the Vessel become an actual, constructive or compromised total loss before delivery the Deposit together with interest earned, if any, shall be released immediately to the Buyers whereafter this Agreement shall be null and void.
Appears in 1 contract
Samples: Memorandum of Agreement (Diana Containerships Inc.)
Time and place of delivery and notices. (a) The Vessel shall be delivered and taken over safely afloat after discharge of cargo at a safe and always accessible berth or anchorage at/in a location Shanhaiguan Shipyard in China (state place/range) innot earlier than 15th July 2018 and no later than 31st August 2018 in the Sellers' option not before 60 days after the Effective Date’ option. Notice of Readiness shall not be tendered before: ___________ (date) ). Cancelling Date (see Clauses 5(c), 6 (a)(i), 6 (a) (iii) and 14): 120 days after 31st August 2018 The vessel will perform one more voyage upon completion of present voyage and will then be delivered to the Effective DateBuyers within the above mentioned delivery window.
(b) The Sellers shall keep the Buyers well informed of the Vessel's ’s itinerary and shall provide the Buyers with thirty (30), twenty (20), fifteen ten nine (15), ten (10109), five (5) and three (3) days' ’ approximate notice and one (1) day definite notice of the date the Sellers intend to tender Notice of Readiness and Two (2) and One (1) days definite notice of the date Sellers intend to tender Notice of Readinessand of the intended place of delivery. When the Vessel is at the place of delivery and physically ready for delivery in accordance with This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. this Agreement, the Sellers shall give the Buyers a written Notice of Readiness for delivery.
(c) If the Sellers anticipate that, notwithstanding the exercise of due diligence by them, the Vessel will not be ready for delivery by the Cancelling Date they may notify the Buyers in writing stating the date when they anticipate that the Vessel will be ready for delivery and proposing a new Cancelling Date. Upon receipt of such notification the Buyers shall have the option of either cancelling this Agreement in accordance with Clause 14 (Sellers' ’ Default) within three (3) Banking Days of receipt of the notice or of accepting the new date as the new Cancelling Date. If the Buyers have not declared their option within three (3)seven (73) Banking Days of receipt of the Sellers' ’ notification or if the Buyers accept the new date, the date proposed in the Sellers' ’ notification shall be deemed to be the new Cancelling Date and shall be substituted for the Cancelling Date stipulated in line 79. If this Agreement is maintained with the new Cancelling Date all other terms and conditions hereof including those contained in Clauses 5(b) and 5(d) shall remain unaltered and in full force and effect.
(d) Cancellation, failure to cancel or acceptance of the new Cancelling Date shall be entirely without prejudice to any claim for damages the Buyers may have under Clause 14 (Sellers' ’ Default) for the Vessel not being ready by the original Cancelling Date.
(e) Should the Vessel become an actual, constructive or compromised total loss before delivery the Deposit together with interest earned, if any, shall be released immediately to the Buyers whereafter this Agreement shall be null and void.
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Time and place of delivery and notices. (a) The Vessel shall be delivered and taken over safely afloat after discharge of cargo at a safe and accessible berth or anchorage at/in a location (state place/range) worldwide suitable for name change and handover procedures in the Sellers' option not before 60 days after ’ option. Notice of Readiness shall be tendered by the Effective DateSellers as promptly as practicable following the completion of the voyage on which the Vessel has embarked as of the date of the VAA. Notice of Readiness shall not be tendered before: ___________ (date) Cancelling Date (see Clauses 5(c), 6 (a)(i), 6 (a) (iii) before the Buyer has had a reasonable time and 14): 120 days after opportunity to arrange for the Effective Dateregistration of the Vessel in Buyer’s Nominated Flag State.
(b) The Sellers shall keep the Buyers Buyer well informed of the Vessel's ’s itinerary and shall provide the Buyers Buyer, to the extent reasonably practicable or possible, with thirty (30), twenty (20), fifteen (15), ten (10), five (5) and three (3) days' ’ notice of the date the Sellers intend to tender Notice of Readiness and Two (2) and One (1) days definite notice of the date Sellers intend to tender Notice of Readinessand of the intended place of delivery. When the Vessel is at the place of delivery and physically ready for delivery in accordance with This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. this Agreement, the Sellers shall give the Buyers Buyer a written Notice of Readiness for delivery.
(c) If the Sellers anticipate that, notwithstanding the exercise of due diligence by them, the Vessel will not be ready for delivery by as promptly as practicable following the Cancelling Date completion of the voyage on which the Vessel is embarked as of the date of the VAA, they may shall notify the Buyers Buyer in writing stating the date when they anticipate that the Vessel will be ready for delivery and proposing a new Cancelling Date. Upon receipt of delivery; provided, that Sellers shall use reasonable best efforts to cause such notification the Buyers shall have the option of either cancelling this Agreement in accordance with Clause 14 (Sellers' Default) within three (3) Banking Days of receipt of the notice or of accepting the new date as the new Cancelling Date. If the Buyers have not declared their option within three (3)seven (7) Banking Days of receipt of the Sellers' notification or if the Buyers accept the new date, the date proposed in the Sellers' notification shall be deemed no later than 90 days following the Voyage Completion Date set forth on Schedule 2.01 to be the new Cancelling Date and shall be substituted for the Cancelling Date stipulated in line 79. If this Agreement is maintained with the new Cancelling Date all other terms and conditions hereof including those contained in Clauses 5(b) and 5(d) shall remain unaltered and in full force and effectVAA.
(d) Cancellation, failure to cancel or acceptance of the new Cancelling Date shall be entirely without prejudice to any claim for damages the Buyers may have under Clause 14 (Sellers' Default) for the Vessel not being ready by the original Cancelling Date.
(e) Should the Vessel become an actual, constructive or compromised total loss before delivery the Deposit together with interest earned, if any, shall be released immediately to the Buyers whereafter then this Agreement shall be null and voidvoid and the Buyer shall have no obligation to pay the Purchase Price.
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Time and place of delivery and notices. (a) The Vessel shall be delivered and taken over safely afloat after discharge of cargo at a safe and accessible berth or anchorage at/in a location (state place/range) at/in Bahamas, Singapore, United Arab Emirates (Fujairah to Dubai range), South Korea, US Gulf (excluding Florida and Mississippi river), UKC (Gibraltar to Hamburg range), or EUROMED excluding Turkey, Israel, Greece, Albania, Black Sea and any countries or ports that would breach US, EU and/or UN sanctions in the Sellers' option not before 60 days after ’ option. The date of delivery shall be a day on which both the Effective DateMI Registry office in London and the Buyers’ Nominated Flag State office in London are open for vessel and mortgage deregistration and registration business. Notice of Readiness shall not be tendered before: ___________ (date) August 14, 2015. Cancelling Date (see Clauses 5(c), 6 (a)(i), 6 (a) (iii) and 14): 120 days after the Effective DateOctober 30, 2015.
(b) The Sellers shall keep the Buyers well informed of the Vessel's ’s itinerary and shall provide the Buyers with thirty (30), twenty (20), fifteen (15), ten (10), five (5) and three (3) days' ’ notice of the date the Sellers intend to tender Notice of Readiness and Two (2) and One (1) days definite notice of the date Sellers intend to tender Notice of Readinessand of the intended place of delivery and two (2) days’ and one (1) day’s definite notice of delivery. When the Vessel is at the place of delivery and physically ready for delivery in accordance with This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. this Agreement, the Sellers shall give the Buyers a written Notice of Readiness for delivery.
(c) If the Sellers anticipate that, notwithstanding the exercise of due diligence by them, the Vessel will not be ready for delivery by the Cancelling Date they may notify the Buyers in writing stating the date when they anticipate that the Vessel will be ready for delivery and proposing a new Cancelling Date. Upon receipt of such notification the Buyers shall have the option of either cancelling this Agreement in accordance with Clause 14 (Sellers' ’ Default) within three (3) Banking Days of receipt of the notice or of accepting the new date as the new Cancelling Date. If the Buyers have not declared their option within three (3)seven (73) Banking Days of receipt of the Sellers' ’ notification or if the Buyers accept the new date, the date proposed in the Sellers' ’ notification shall be deemed to be the new Cancelling Date and shall be substituted for the Cancelling Date stipulated in line 79. If this Agreement is maintained with the new Cancelling Date all other terms and conditions hereof including those contained in Clauses 5(b) and 5(d) shall remain unaltered and in full force and effect.
(d) Cancellation, failure to cancel or acceptance of the new Cancelling Date shall be entirely without prejudice to any claim for damages the Buyers may have under Clause 14 (Sellers' ’ Default) for the Vessel not being ready by the original Cancelling Date.
(e) Should the Vessel become an actual, constructive or compromised total loss before delivery the Deposit together with interest earned, if any, shall be released immediately to the Buyers whereafter this Agreement shall be null and voidvoid and neither Party shall have any obligation or liability to the other.
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Time and place of delivery and notices. (a) The Vessel shall be delivered with the current Charter attached (see also Clause 22) and taken over safely afloat after discharge of cargo at a safe and always accessible berth or anchorage at/in a location Charter range in the Sellers’ option not earlier than 1st August 2018 and not later than 30th September 2018 (state place/range) in the Sellers' ’ option not before 60 days after the Effective Date(see also Clause 24). Notice of Readiness shall not be tendered before: ___________ (date) ). Cancelling Date (see Clauses 5(c), 6 (a)(i), 6 (a) (iii) and 14): 120 days after the Effective Date30th September 2018
(b) The Sellers shall keep the Buyers well informed of the Vessel's ’s itinerary and shall provide the Buyers with thirty twenty five (3025), twenty (20), fifteen (15), ten (10), five (5) and three (3) days' ’ approximate notice of the date the Sellers intend to tender Notice of Readiness and Two (2) and One (1) days definite notice of the date Sellers intend to tender Notice of Readinessand of the intended place of delivery. When the Vessel is at the place of delivery and physically ready for delivery in accordance with This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. this Agreement, the Sellers shall give the Buyers a written Notice of Readiness for delivery.
(c) If the Sellers anticipate that, notwithstanding the exercise of due diligence by them, the Vessel will not be ready for delivery by the Cancelling Date they may notify the Buyers in writing stating the date when they anticipate that the Vessel will be ready for delivery and proposing a new Cancelling Date. Upon receipt of such notification the Buyers shall have the option of either cancelling this Agreement in accordance with Clause 14 (Sellers' ’ Default) within three (3) Banking Days of receipt of the notice or of accepting the new date as the new Cancelling Date. If the Buyers have not declared their option within three (3)seven (73) Banking Days of receipt of the Sellers' ’ notification or if the Buyers accept the new date, the date proposed in the Sellers' ’ notification shall be deemed to be the new Cancelling Date and shall be substituted for the Cancelling Date stipulated in line 79. If this Agreement is maintained with the new Cancelling Date all other terms and conditions hereof including those contained in Clauses 5(b) and 5(d) shall remain unaltered and in full force and effect.
(d) Cancellation, failure to cancel or acceptance of the new Cancelling Date shall be entirely without prejudice to any claim for damages the Buyers may have under Clause 14 (Sellers' ’ Default) for the Vessel not being ready by the original Cancelling Date.
(e) Should the Vessel become an actual, constructive or compromised total loss before delivery the Deposit together with interest earned, if any, shall be released immediately to the Buyers whereafter this Agreement shall be null and void.
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Time and place of delivery and notices. (a) The Vessel shall be delivered and taken over safely afloat after discharge of cargo at a safe and accessible berth or anchorage at/in a location Singapore/Japan range (including Full SPORE/JPN INCL FULL CHINA, SOUTH KOREA AND JAPAN) (state place/range) in the Sellers' option not before 60 days after the Effective Dateoption. Notice of Readiness shall not be tendered before: ___________ 20 May 2018 (date) Cancelling Date (see Clauses 5(c), 6 (a)(i), 6 (a) (iii) and 14): 120 days after the Effective Date30 September 2018
(b) The Sellers shall keep the Buyers well informed of the Vessel's itinerary and shall provide the Buyers with thirty (30), twenty (20), fifteen (15), ten (10), five (5) seven (7) and three (3) days' notice of the date the Sellers intend to tender Notice of Readiness and Two (2) and One (1) days definite notice of the date Sellers intend to tender Notice of Readinessand of the intended place of delivery. When the Vessel is at the place of delivery and physically ready for delivery in accordance with This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. this Agreement, the Sellers shall give the Buyers a written Notice of Readiness for delivery.
(c) If the Sellers anticipate that, notwithstanding the exercise of due diligence by them, the Vessel will not be ready for delivery by the Cancelling Date they may notify the Buyers in writing stating the date when they anticipate that the Vessel will be ready for delivery and proposing a new Cancelling Date. Upon receipt of such notification the Buyers shall have the option of either cancelling this Agreement in accordance with Clause 14 (Sellers' Default) within three (3) Banking Days of receipt of the notice or of accepting the new date as the new Cancelling Date. If the Buyers have not declared their option within three (3)seven (73) Banking Days of receipt of the Sellers' notification or if the Buyers accept the new date, the date proposed in the Sellers' notification shall be deemed to be the new Cancelling Date and shall be substituted for the Cancelling Date stipulated in line 79. If this Agreement is maintained with the new Cancelling Date all other terms and conditions hereof including those contained in Clauses 5(b) and 5(d) shall remain unaltered and in full force and effect.
(d) Cancellation, failure to cancel or acceptance of the new Cancelling Date shall be entirely without prejudice to any claim for damages the Buyers may have under Clause 14 (Sellers' Default) for the Vessel not being ready by the original Cancelling Date.
(e) Should the Vessel become an actual, constructive or compromised total loss before delivery the Deposit together with interest earned, if any, shall be released immediately to the Buyers whereafter this Agreement shall be null and void.
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Time and place of delivery and notices. (a) The Vessel shall be delivered and taken over charter free, free of cargo, free of dunnage, free of stowaways, with clean swept holds safely afloat after discharge of cargo at a safe and accessible berth berth, port or anchorage at/in a location Singapore - Japan range (state place/range) in the Sellers' option between 20th April, 2017 - 30th June 2017 in Sellers' option. Sellers to pay the Buyers on the date of delivery in lieu of hold cleaning the amount of USD 3,000 if the cargo holds are not swept. The Sellers shall keep the Buyers well informed of the Vessel's itinerary. Vessel's actual delivery date not before 60 days after the Effective Date5th May 2017. Notice of Readiness shall not be tendered before: ___________ (date) Cancelling Date (see See Clauses 5(c), 6 (a)(i6(a)(i), 6 (a) (iii6(a)(ii) and 14): 120 days after the Effective Date) to be 1st July 2017 in Buyers' option.
(b) The Sellers shall keep the Buyers well informed of the Vessel's itinerary and shall provide the Buyers with thirty (30), twenty (20), fifteen (1520/15/10/5 days approximate and 3/2/1 days definite notice of the estimated time of arrival at twenty(20), ten (10), five (5) and three (3) days' notice of the date the Sellers intend to tender Notice of Readiness and Two (2) and One (1) days definite notice of the date Sellers intend to tender Notice of Readinessand of the intended place of delivery. When the Vessel is at the place of delivery and in every respect physically ready for delivery in accordance with This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. this Agreement, the Sellers shall give the Buyers a written Notice of Readiness for delivery.
(c) If the Sellers anticipate that, notwithstanding the exercise of due diligence by them, the Vessel will not be ready for delivery by the Cancelling Date they may notify the Buyers in writing stating the date when they anticipate that the Vessel will be ready for delivery and proposing a new Cancelling Date. Upon receipt of such notification the Buyers shall have the option of either cancelling this Agreement in accordance with Clause 14 (Sellers' Default) within three (3) Banking Days of receipt of the notice or of accepting the new date as the new Cancelling Date. If the Buyers have not declared their option within three Three (3)seven (73) Banking Days of receipt of the Sellers' notification or if the Buyers accept the new date, the date proposed in the Sellers' notification shall be deemed to be the new Cancelling Date and shall be substituted for the Cancelling Date stipulated in line 79. If this Agreement is maintained with the new Cancelling Date all other terms and conditions hereof including those contained in Clauses 5(b) and 5(d) shall remain unaltered and in full force and effect.
(d) Cancellation, failure to cancel or acceptance of the new Cancelling Date shall be entirely without prejudice to any claim for damages the Buyers may have under Clause 14 (Sellers' Default) for the Vessel not being ready by the original Cancelling Date.
(e) Should the Vessel become an actual, constructive or compromised total loss before delivery delivery, the Deposit together with interest earned, if any, shall be released immediately to the Buyers whereafter this Agreement shall be null and void.
Appears in 1 contract
Samples: Memorandum of Agreement (Seanergy Maritime Holdings Corp.)
Time and place of delivery and notices. (a) The Vessel shall be delivered and taken over safely afloat after discharge of cargo at a safe and accessible berth or anchorage at/in a location US East Coast or US Gulf or Bahamas or Curacao or Aruba or East Coast Canada or UK – Continent range or Rio Grande – Buenos Aires range or Mediterranean Sea (state place/range) in the Sellers' option not before 60 days after ’ option. To the Effective Dateextent possible, the Sellers shall try to avoid delivery in the Mediterranean Sea range. Notice of Readiness shall not be tendered before: ___________ (date15th November 2013(date) Cancelling Date (see Clauses 5(c), 6 (a)(i), 6 (a) (iii6(a)(iii) and 14): 120 days after the Effective Date14:16th December 2013
(b) The Sellers shall keep the Buyers well informed of the Vessel's ’s itinerary and shall provide the Buyers with thirty (30), twenty (20), fifteen twentyfifteen (15), ten (10), five seven (57) and three (3) days' ’ approximate notice and one (1) day definite notice of the date the Sellers intend expect to tender Notice of Readiness and Two (2) and One (1) days definite notice of the date Sellers intend to tender Notice of Readinessand of the intended place of delivery. When the Vessel is at the place of delivery and physically ready for delivery in accordance with This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. this Agreement, the Sellers shall give the Buyers a written Notice of Readiness for delivery.
(c) If the Sellers anticipate that, notwithstanding the exercise of due diligence by them, the Vessel will not be ready for delivery by the Cancelling Date they may notify the Buyers in writing stating the date when they anticipate that the Vessel will be ready for delivery and proposing a new Cancelling Date. Upon receipt of such notification the Buyers shall have the option of either cancelling this Agreement in accordance with Clause 14 (Sellers' ’ Default) within three (3) Banking Days of receipt of the notice or of accepting the new date as the new Cancelling Date. If the Buyers have not declared their option within three (3)seven (73) Banking Days of receipt of the Sellers' ’ notification or if the Buyers accept the new date, the date proposed in the Sellers' ’ notification shall be deemed to be the new Cancelling Date and shall be substituted for the Cancelling Date stipulated in line 79. If this Agreement is maintained with the new Cancelling Date all other terms and conditions hereof including those contained in Clauses 5(b5 (b) and 5(d5 (d) shall remain unaltered and in full force and effect.
(d) Cancellation, failure to cancel or acceptance of the new Cancelling Date shall be entirely without prejudice to any claim for damages the Buyers may have under Clause 14 (Sellers' ’ Default) for the Vessel not being ready by the original Cancelling Date.
(e) Should the Vessel become an actual, constructive or compromised total loss before delivery the Deposit together with interest earned, if any, shall be released immediately to the Buyers whereafter this Agreement shall be null and void.
Appears in 1 contract
Samples: Memorandum of Agreement for Sale and Purchase of Ships (Capital Product Partners L.P.)
Time and place of delivery and notices. (a) The Vessel shall be delivered and taken over safely afloat after discharge of cargo at a safe and always accessible berth or anchorage at/in a location Singapore/South Japan range including South Korea, China, Hong Kong, Taiwan, Mexico, Peru, Guatemala, Ecuador (state place/range) in the Sellers' option not before 60 days after the Effective Date’ option. Notice of Readiness shall not be tendered before: ___________ 1st of June 2018 (date) Cancelling Date (see Clauses 5(c), 6 (a)(i), 6 (a) (iii) and 14): 120 days after the Effective Date31st July 2018.
(b) The Sellers shall keep the Buyers well informed of the Vessel's ’s itinerary and shall provide the Buyers with thirty (30), twenty (20), fifteen (15), ten (10), seven (7), five (5) and 5)-and three (3) days' ’ approximate notice of the date and port and two (2) and one (1) days definite notice of the Sellers intend to tender Notice of Readiness and Two (2) and One (1) days definite notice of the date Sellers intend to tender Notice of Readinessand of the intended date and place of delivery. When the Vessel is at the place of delivery and physically ready for delivery in accordance with This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers' Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers' Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. this Agreement, the Sellers shall give the Buyers a written Notice of Readiness for delivery.
(c) If the Sellers anticipate that, notwithstanding the exercise of due diligence by them, the Vessel will not be ready for delivery by the Cancelling Date they may notify the Buyers in writing stating the date when they anticipate that the Vessel will be ready for delivery and proposing a new Cancelling Date. Upon receipt of such notification the Buyers shall have the option of accepting the new date as the new cancelling date or proposing one new cancelling date. either cancelling this Agreement in accordance with Clause 14 (Sellers' ’ Default) within three (3) Banking Days of receipt of the notice or of accepting the new date as the new Cancelling Date. If the Buyers have not declared their option within three (3)seven (73) Banking Days of receipt of the Sellers' ’ notification or if the Buyers accept the new date, the date proposed in the Sellers' ’ notification shall be deemed to be the new Cancelling Date and shall be substituted for the Cancelling Date stipulated in line 79. If this Agreement is maintained with the new Cancelling Date all other terms and conditions hereof including those contained in Clauses 5(b) and 5(d) shall remain unaltered and in full force and effect.
(d) Cancellation, failure to cancel or acceptance of the new Cancelling Date shall be entirely without prejudice to any claim for damages the Buyers may have under Clause 14 (Sellers' ’ Default) for the Vessel not being ready by the original Cancelling Date.
(e) Should the Vessel become an actual, constructive or compromised total loss before delivery the Deposit together with interest earned, if any, shall be released immediately to the Buyers whereafter this Agreement shall be null and void.
Appears in 1 contract
Samples: Memorandum of Agreement (Performance Shipping Inc.)