Title, Encumbrances and Risk of Loss Sample Clauses

Title, Encumbrances and Risk of Loss. Seller represents to Buyer that it has good and marketable title to the Goods and/or Services, free and clear of all liens, charges, security interests and any other encumbrances. Seller will bear the risk of loss or damage to the Goods and/or Services until the Goods and/or Services are delivered to and accepted by Buyer at the Site, at which time title will pass to Buyer. Notwithstanding the foregoing, title to any Goods or portions of Goods that have been paid for by Buyer in advance of delivery will at all times be vested in Buyer. The risk of loss for such items will remain with Seller until delivery to Buyer.
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Title, Encumbrances and Risk of Loss. Seller represents to Buyer that it has good and marketable title to the Goods and/or Services, free and clear of all liens, charges, security interests and any other encumbrances. Seller will indemnify and hold harmless the Indemnified Parties against any Losses, patent litigation, infringement, material or material men’s or labourer’s liens, or any claims by third parties in or to the Goods and/or Services supplied by Seller.‌ Seller will bear the risk of loss or damage to the Goods and/or Services until the Goods and/or Services are delivered to and accepted by Buyer at the Site, at which time title shall pass to Buyer. Notwithstanding the foregoing, title to any Goods or portions of Goods that have been paid for by Buyer in advance of delivery shall at all times be vested in Buyer. The risk of loss for such items shall remain with Seller until delivery to Buyer.
Title, Encumbrances and Risk of Loss. Title to the structures, buildings, improvements, fixtures, machinery, equipment and materials constituting the Regional Water Facilities shall pass to SRWA upon incorporation in the Project or payment therefor by SRWA, whichever first occurs, free and clear of all Liens and other Encumbrances. The Company shall not directly or indirectly, without SRWA’s consent, create or permit to be created or to remain any Encumbrance on or against the Regional Water Facilities, Sites, or Design-Build Work, other than Permitted Encumbrances. The Company shall promptly discharge or post a release bond for any such Encumbrance arising from or out of the Design-Build Work. However, the Company shall bear all risk of loss concerning such structures, buildings, improvements, fixtures, machinery, equipment and materials until the filing of the Notice of Completion, regardless of the extent to which the loss was insured or the availability of insurance proceeds.

Related to Title, Encumbrances and Risk of Loss

  • Title Encumbrances Is the Property sold subject to any Encumbrances? No Yes, listed below: ■ WARNING TO SELLER: You are required to disclose all Title Encumbrances which will remain after settlement (for example, easements on your title and statutory easements for sewerage and drainage which may not appear on a title search). Failure to disclose these may entitle the Buyer to terminate the contract or to compensation. It is NOT sufficient to state "refer to title", "search will reveal", or similar. Tenancies: TENANTS NAME: ■ If the property is sold with vacant possession from settlement, insert 'Nil'. Otherwise complete details from Residential Tenancy Agreement. TERM AND OPTIONS: STARTING DATE OF TERM: ENDING DATE OF TERM: RENT: BOND: $ $ Managing Agent: AGENCY NAME: PROPERTY MANAGER: ADDRESS: SUBURB: STATE: POSTCODE: PHONE: FAX: MOBILE: EMAIL: POOL SAFETY

  • TITLE & RISK OF LOSS Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables.

  • Title and Risk of Loss Notwithstanding the form of shipment, title or other property interest, risk of loss shall not pass from the Contractor to the Authorized User until the Products have been received, inspected and accepted by the receiving entity. Acceptance shall occur within a reasonable time or in accordance with such other defined acceptance period as may be specified in the Bid Specifications or Purchase Order. Mere acknowledgment by Authorized User personnel of the delivery or receipt of goods (e.g., signed xxxx of lading) shall not be deemed or construed as acceptance of the Products received. Any delivery of Product that is substandard or does not comply with the Bid Specifications or Contract terms and conditions, may be rejected or accepted on an adjusted price basis, as determined by the Commissioner.

  • DELIVERY, TITLE AND RISK OF LOSS Unless otherwise specified on the EDDYFI quotation, delivery is FCA (Manufacturing Site). In any case, delivery and risk of loss is in accordance with INCOTERMS 2010. Title to products shall pass to the Customer upon full payment of the invoice(s). In the absence of specific instructions, goods will be shipped via the carrier EDDYFI deems most practical. No claim for error in shipment will be considered unless made within ten (10) days of Customer’s receipt of goods.

  • Permitted Encumbrances The term “Permitted Encumbrances” shall mean:

  • DELIVERY - RISK OF LOSS Deliveries must be made both in quantities and at times specified on the face of the Purchase Order or in Buyer's schedules and time is of the essence. Buyer’s delivery schedules are an integral part of the Purchase Order, are governed by these terms and conditions and are not independent contracts. ▪ Buyer will not be required to make payment for goods delivered to Buyer that are in excess of quantities specified in Buyer's delivery schedule on the Purchase Order or in written releases issued by Buyer. Buyer may reject any deliveries made after or before the specified delivery date. Seller will bear all costs and damages incurred by Buyer due to late or early delivery. ▪ If Seller fails to meet the agreed upon delivery requirements for reasons other than those specified in paragraph 13 below, and Buyer requires a more expeditious method of transportation for the goods than the transportation method originally specified, Seller shall ship the goods as expeditiously as possible at Seller's expense and invoice Buyer for the amount, if any, that Buyer would have paid for normal shipment. ▪ Unless provided otherwise in the Purchase Order, all goods are sold DAP. Seller shall be responsible for and bear the risk of any loss or damage to the goods until received by the Buyer.

  • Liens and Encumbrances The Company shall not directly or indirectly make, create, incur, assume or permit to exist any assignment, transfer, pledge, mortgage, security interest or other lien or encumbrance of any nature in, to or against any part of the Pledged Property or of the Company's capital stock, or offer or agree to do so, or own or acquire or agree to acquire any asset or property of any character subject to any of the foregoing encumbrances (including any conditional sale contract or other title retention agreement), or assign, pledge or in any way transfer or encumber its right to receive any income or other distribution or proceeds from any part of the Pledged Property or the Company's capital stock; or enter into any sale-leaseback financing respecting any part of the Pledged Property as lessee, or cause or assist the inception or continuation of any of the foregoing.

  • No Encumbrances Borrower has good and indefeasible title to the Collateral, free and clear of Liens except for Permitted Liens.

  • RISK OF THE PROPERTY As from the time of the sale, the Property shall be at the sole risk of the Purchaser as regards to loss or damage of whatsoever nature or howsoever occurring including by fire or other accidents, state of cultivation, non-occupation or otherwise.

  • Risk of Loss Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering xxxxxxx’x xxxx of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the xxxxxxx’x xxxx of lading and damage inspection report.

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