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.
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.
