Title and Interest. It is agreed that all rights, title and interest to and in any payment between the Parties in respect of Contracts under this Agreement, vest in the recipient clear of any liens, charges, encumbrances or any other interest of the transferor or any third party. Nothing in this Agreement creates in favour of either party, any mortgage, charge, lien, pledge or other security interest in any cash or property transferred by one to the other under any Contract.
Title and Interest. (a) Payments free of security interest
Title and Interest. Notwithstanding the delivery of the goods or part of thereof, title to all goods being supplied under this Agreement will not pass to the buyer until payment of all monies owing to Banlaw by the buyer has been received in full by Banlaw. Risk in the goods passes to the buyer on the earlier of delivery or collection of the goods or transfer of title to the goods to the buyer. Until all monies owed by the buyer to Banlaw are paid in full, the buyer:
(a) Acknowledges that it receive possession of and holds the goods solely as bailee for Banlaw until such time as payment of all moneis owing to Banlaw by the buyer is received by Banlaw;
(b) must remain in possession and control of any goods delivered under this Agreement; and
(c) grants to Banlaw unconditional and irrevocable rights of entry into the buyer’s premises (or the premises of any associated company or agent where goods are located) without liability for trespass or any resulting damage to retake possession of any goods. Banlaw may keep or resell any goods repossessed pursuant to the above rights. Whilst ever any goods supplied under this Agreement are in the buyer’s possession or at the buyer’s risk then, unless and until title to all goods has passed to the buyer:
(a) if the buyer sells the goods (with or without the consent of Banlaw) the proceeds of any sale of the goods (or sale of other goods into which the goods have been incorporated) must be paid into a separate account and held in trust for Banlaw. The buyer must account to Banlaw from this fund for the full price of the goods;
(b) should the buyer die, stop payment or call a meeting of its creditors or suffer an Insolvency Event, Banlaw may at its option notwithstanding any waiver of such default and without prejudice to its other rights under this Agreement suspend or cancel this Agreement or require payment in cash before or on delivery of goods notwithstanding terms of payment previously specified or may, subject to the law, repossess and take over the goods and dispose of the same in its own interest without prejudice to any claim it may have for damages for any loss resulting from such resale;
(c) the buyer must purchase and maintain insurance coverage against loss or damage to all goods (for their full replacement value with a reputable insurance underwriter and noting Banlaw’s interest as owner);
(d) the above insurance must include coverage for loss or damage during the course of marine, air and inland transit and during storage at ...
Title and Interest. Purchaser acknowledges and agrees that the Equipment is, and at all times shall remain, the property of ART, and that Purchaser shall have no right, title or interest in or to the Equipment. The Equipment is, and at all times shall remain, personal property notwithstanding that it may now be or hereafter become in any manner embedded in, affixed or attached to real property or any building thereon. Purchaser covenants and agrees to maintain the Equipment free and clear of all liens, charges, security interests and encumbrances (except any placed thereon by or with the written consent of ART).
Title and Interest. Lessor hereby warrants generally and agrees to defend title to the Leased Premises and covenants that Lessee shall have quiet enjoyment hereunder and shall have benefit of the doctrine of after acquired title. Should any person having title to the Leased Premises fail to execute this Lease, this Lease shall nevertheless be binding upon all persons who do execute it as Lessor. Lessor hereby warrants that Lessor is not currently receiving any bonus, rental, production royalty as a result of any prior oil and gas lease covering any or all of the Leased Premises, and that there are no commercially producing xxxxx currently existing on the Leased Premises, or upon other lands with the boundaries of a drilling or production unit utilizing all or a part of the Leased Premises. Initials Initials
Title and Interest. The Lessor has a good and indefeasible leasehold interest in the Parcel and good and marketable title to the Facility (together with any necessary easements or rights-of-way or similar property rights), free and clear of all Liens and deed restrictions except Permitted Encumbrances, in the case of the Parcel, and Permitted Liens, in the case of the Facility.
Title and Interest. ISP acknowledges and agrees that the Equipment is, and at all times shall remain, the property of ART, and that ISP shall have no right, title or interest in or to the Equipment. The Equipment is, and at all times shall remain, personal property notwithstanding that it may now be or hereafter become in any manner embedded in, affixed or attached to real property or any building thereon. ISP covenants and agrees to maintain the Equipment free and clear of all liens, charges, security interests and encumbrances (except any placed thereon by or with the written consent of ART).
Title and Interest. Contractor represents and warrants that it has the title and interest to transfer all licenses granted pursuant to this agreement.
Title and Interest. Each of the Company and its Subsidiaries has good title to, or a valid leasehold interest in, all of the property and assets used by it, located on its premises, or shown on its financial books and records, free and clear of all claims, liens, charges, restrictions, reservations and agreements, mortgages, pledges, security interests, guarantees, easements, rights of way and encumbrances of any kind or character ("Liens") other than the security interests and other collateral security granted in connection with the credit agreement made as of December 4, 1996, as amended, between the Company and the Canadian Imperial Bank of Commerce and the Permitted Encumbrances (as defined below), and except for properties and assets disposed of in the ordinary course of business.
Title and Interest. LICENSOR owns or exclusively holds title and interest to and all rights to use, free and clear of all liens, claims and restriction, and to sell, convey and transfer PRODUCT, NEW PRODUCT and KNOW-HOW in the TERRITORY and the grant of the Licenses and the other agreements made herein by LICENSOR do not infringe upon the right or claimed right of any person under or with respect to any of the above.
