Common use of Title, Risk of Loss and Delivery Clause in Contracts

Title, Risk of Loss and Delivery. 2.1 As of the date of each Transaction, Seller represents and warrants that it has good title free and clear of any liens or encumbrances to Product sold and delivered hereunder, and that Seller has full right and authority to transfer such title and effect delivery of such Product to Buyer. IN ADDITION TO AND WITHOUT LIMITING ANY OTHER INDEMNIFICATION OBLIGATIONS IN THIS AGREEMENT, SELLER AGREES TO INDEMNIFY, DEFEND AND HOLD BUYER HARMLESS FROM AND AGAINST ANY LOSSES, LIABILITIES, AND DAMAGES (INCLUDING, FOR CLARITY, REASONABLE ATTORNEY’S FEES AND OTHER LEGAL COSTS AND EXPENSES), ARISING FROM ANY CLAIM OR DEMAND BY REASON OF ANY FAILURE OF SUCH TITLE OR BREACH OF THIS WARRANTY. 2.2 “Free on Board” or “FOB,” “Cost and Freight” or “CFR,” or “C&F,” “Cost, Insurance and Freight” or “CIF,” “Carriage Paid To” or “CPT,” “Ex Works” or “EXW” shall all have the meaning ascribed to such terms in Incoterms-2020 edition for waterborne purchases and sales and the Uniform Commercial Code, as adopted by the State of New York and in effect on the date of the applicable Transaction, for truck and rail deliveries.

Title, Risk of Loss and Delivery. 2.1 As of the date of each Transaction, Seller represents and warrants that it has good title free and clear of any liens or encumbrances to Product sold and delivered hereunder, and that Seller has full right and authority to transfer such title and effect delivery of such Product to Buyer. IN ADDITION TO AND WITHOUT LIMITING ANY OTHER INDEMNIFICATION OBLIGATIONS IN THIS AGREEMENT, SELLER AGREES TO INDEMNIFY, DEFEND AND HOLD BUYER HARMLESS FROM AND AGAINST ANY LOSSES, LIABILITIES, AND DAMAGES (INCLUDING, FOR CLARITY, REASONABLE ATTORNEY’S FEES AND OTHER LEGAL COSTS AND EXPENSES), ARISING FROM ANY CLAIM OR DEMAND BY REASON OF ANY FAILURE OF SUCH TITLE OR BREACH OF THIS WARRANTY. 2.2 “Free on Board” or “FOB,” “Cost and Freight” or “CFR,” or “C&F,” “Cost, Insurance and Freight” or “CIF,” “Carriage Paid To” or “CPT,” “Ex Works” or “EXW” shall all have the meaning ascribed to such terms in Incoterms-2020 edition Incoterms- 2020 edition, for waterborne purchases and sales sales, and the Uniform Commercial Code, as adopted by the State of New York and in effect on the date of the applicable Transaction, for truck and rail deliveries.

Title, Risk of Loss and Delivery. 2.1 As of the date of each Transaction, Seller represents and warrants that it has good title free and clear of any liens or encumbrances to Product Coke sold and delivered hereunder, and that Seller has full right and authority to transfer such title and effect delivery of such Product Coke to Buyer. IN ADDITION TO AND WITHOUT LIMITING ANY OTHER INDEMNIFICATION OBLIGATIONS IN THIS AGREEMENT, SELLER AGREES TO INDEMNIFY, DEFEND AND HOLD BUYER HARMLESS FROM AND AGAINST ANY LOSSES, LIABILITIES, AND DAMAGES (INCLUDING, FOR CLARITY, REASONABLE ATTORNEY’S FEES AND OTHER LEGAL COSTS AND EXPENSES), ARISING FROM ANY CLAIM OR DEMAND BY REASON OF ANY FAILURE OF SUCH TITLE OR BREACH OF THIS WARRANTY. 2.2 “Free on Board” or “FOB,” “Cost and Freight” or “CFR,” or “C&F,” “Cost, Insurance and Freight” or “CIF,” “Carriage Paid To” or “CPT,” “Ex Works” or “EXW” shall all have the meaning ascribed to such terms in Incoterms-2020 Incoterms-2010 edition for waterborne purchases and sales and the Uniform Commercial Code, as adopted by the State of New York and in effect on the date of the applicable Transaction, for truck and rail deliveries.

Title, Risk of Loss and Delivery. 2.1 As of the date of each Transaction, Seller represents and warrants that it has good title free and clear of any liens or encumbrances to Product sold and delivered hereunder, and that Seller has full right and authority to transfer such title and effect delivery of such Product to Buyer. IN ADDITION TO AND WITHOUT LIMITING ANY OTHER INDEMNIFICATION OBLIGATIONS IN THIS AGREEMENT, SELLER AGREES TO INDEMNIFY, DEFEND AND HOLD BUYER HARMLESS FROM AND AGAINST ANY LOSSES, LIABILITIES, AND DAMAGES (INCLUDING, FOR CLARITY, REASONABLE ATTORNEY’S FEES AND OTHER LEGAL COSTS AND EXPENSES), ARISING FROM ANY CLAIM OR DEMAND BY REASON OF ANY FAILURE OF SUCH TITLE OR BREACH OF THIS WARRANTY. 2.2 “Free on Board” or “FOB,” “Cost and Freight” or “CFR,” or “C&F,” “Cost, Insurance and Freight” or “CIF,” “Carriage Paid To” or “CPT,” “Ex Works” or “EXW” shall all have the meaning ascribed to such terms in Incoterms-2020 edition Incoterms- 2010 edition, for waterborne purchases and sales sales, and the Uniform Commercial Code, as adopted by the State of New York and in effect on the date of the applicable Transaction, for truck and rail deliveries.