Title, Risk of Loss and Insurance. The parties agree that title to the Equipment shall reside with the Party who has paid for such Equipment and the other Party shall have no legal or equitable interest in such Equipment whatsoever. The Equipment shall be clearly marked to indicate the ownership of the Equipment and shall not be subject to the liens or claims of the other Party’s creditors. While the Equipment is in Patheon’s possession, risk of loss shall reside with Patheon and Patheon shall insure the Equipment under its policy of standard all-risk insurance and name Reliant as the loss-payee. Notwithstanding the above, title to the Abatement Equipment listed under Schedule A shall reside with Patheon once it has been installed at the Facility.
Title, Risk of Loss and Insurance. Equipment is sold CPT Destination (Carriage Paid To Destination as defined in accordance with INCOTERMS 2000). Title to and Risk of Loss of Equipment shall pass to Purchaser upon the loading of the Equipment on the means of transport of the carrier selected by ACLARA. Carriage shall be arranged for by ACLARA on usual terms for Purchaser’s account and risk. ACLARA shall have no responsibility to arrange or pay for insurance against loss, damage or destruction occurring after loading of Equipment.
Title, Risk of Loss and Insurance. (a) EGI shall retain title to all Au contained in each Lot of Minerals or Concentrate until title is passed to an Offtaker in accordance with the terms of the applicable Offtake Agreement, including without limitation, on the making of provisional payments and/or advance payments by the Offtaker to EGI.
(b) Risk of loss or damage to all Au contained in each Lot of Minerals or Concentrate shall at all times remain with EGI until risk of loss or damage with respect to such Lot of Minerals or Concentrate passes to the applicable Offtaker or to a transporter in accordance with the terms of the Offtake Agreement to which such Offtaker is a party.
(c) Insurance in respect of each Lot of Minerals or Concentrate shall be procured and maintained by EGI at its cost against risk of loss, theft or product damage up until the time that risk of loss or damage passes to the applicable Offtaker or transporter in accordance with the terms of the applicable Offtake Agreement. EGI shall acquire and maintain adequate insurance for and in respect of each Lot of Minerals or Concentrate in accordance with the terms of the Offtake Agreements (and normal industry standards and practice) during the Term and shall deliver proof of such insurance to the PURCHASERS (including insurance obtained by each Offtaker) as well as at the Commencement of Commercial Production and thereafter upon the written request of a PURCHASER. Insurance in respect of each Lot of Minerals or Concentrate shall be covered by and shall be the responsibility of the applicable Offtaker at the time that risk of loss or damage passes to such Offtaker.
(d) In the event of a partial or total loss of a shipment of Minerals or Concentrate before or after title to Au has passed from EGI to the Offtaker and prior to receipt of payment in cash or “in kind” for the Payable Au, each PURCHASER, on a pro-rata basis consistent with Schedule “A”, shall be entitled to receive from: (i) EGI for the Payable Au contained in the shipment of Minerals or Concentrate: (1) final payment (for total loss) in accordance with Bxxx of Lading weight, along with moisture and assays determined from samples taken at the time of loading or immediately prior to loading, with the cargo being deemed to have arrived thirty (30) days after the Bxxx of Lading date; and (2) final payment (for partial loss), with net dry weight based on Bxxx of Lading weight adjusted for moisture on the safely delivered Minerals or Concentrate and assays determined from...
Title, Risk of Loss and Insurance. Title to each shipment of the products sold hereunder and risk of loss thereon passes to Buyer when such products are delivered by Seller or its agent to a common carrier or licensed trucker consigned to Buyer, or designated agent, but they remain subject to Seller’s rights of stoppage in transit and of reclamation. If a strike, embargo, governmental action or any other cause beyond Seller’s control prevents shipment or delivery to Buyer or designated agent, or if shipping instructions for any shipment are not received before shipment date, or if payment is to be made on or before delivery, title and risk of loss passes as soon as the shipment has been set aside by Seller and invoiced to Buyer (subject to Seller’s rights as an unpaid Seller), payment shall be made in accordance with invoice as though the products had been delivered and accepted by Xxxxx and the Seller shall be under no duty to carry insurance thereafter.
Title, Risk of Loss and Insurance. (A) Title and Risk of Loss: Title (subject to any reserved security interest) and risk of loss are transferred to the Customer when TRUMPF gives the Part or Tooling to the carrier for shipment.
(B) Insurance: Parts or Tooling paid for in full prior to shipment will be shipped uninsured unless the Customer requests insurance upon placing the order. Parts or Tooling purchased on credit must be insured by the Customer for at least the purchase price against loss or damage by fire and other “extended coverage” hazards during transit and while at the Customer’s facility until the Parts or Tooling are paid for in full. Losses covered by the insurance are to be paid in TRUMPF’s name and will be applied to the unpaid balance.
Title, Risk of Loss and Insurance. (a) Title and Risk. Risk of loss to the Hardware shall pass to Customer upon receipt. Title to the Hardware shall remain with InterCept until Customer has paid the full purchase price for the Hardware.
Title, Risk of Loss and Insurance. Until you exercise your Purchase Option: (a) title to Equipment and Third Party Hardware will remain with Xerox; (b) Equipment and Third Party Hardware will remain personal property;
Title, Risk of Loss and Insurance. Buyer will provide the Seller a certificate of insurance. Title to and risk of loss for all equipment to be supplied hereunder by Seller shall pass to Buyer upon arrival of same at the Power Paper, Inc. Site: provided however, that Buyer shall grant to Seller a present and continuing security interest in the equipment supplied hereunder until Seller has been paid in full pursuant to the terms hereof. Buyer shall promptly execute and deliver such documentation as may be required by Seller, in proper form, to perfect Seller's security interest under the Uniform Commercial Code or any other relevant statute, law, or regulation. Buyer will not cause or permit any other security interest, lien, encumbrance or claim to attach to the system which shall have priority over or be ahead of Seller's security interest, as described herein, and Buyer authorizes Seller to make any public filings necessary to perfect or maintain its security interest under the Uniform Commercial Code, or any other relevant statue, law, or regulation. Until Seller has received full payment of the purchase price, Seller shall have all rights and remedies of a Seller and secured party as established or permitted upon agreement by the Uniform Commercial Code, in addition to all other rights as established herein, which rights and remedies, to the extent permitted by law, shall be cumulative. From the time of receipt of the equipment to be supplied hereunder by Seller until payment in full has been received for same by Seller, Buyer will maintain insurance coverage on the equipment supplied hereunder by Seller in an amount sufficient to pay any outstanding sums due or that will become due from Buyer to Seller for said equipment. Seller will be listed as a named insured on all such insurance coverage.. If so requested by Seller, Buyer will cause certificates of insurance to be supplied to Buyer to verify the insurance coverage described herein is in place. Such insurance will not be materially reduced or canceled without the prior written consent of Buyer.
Title, Risk of Loss and Insurance. (a) The Equipment is and all times shall remain the property of EXCELLON. No right, title or interest in the Equipment shall pass to PERFORMANCE INTERCONNECT other that the right to maintain possession and use of the Equipment for the full Lease term; provided that in the event PERFORMANCE INTERCONNECT exercised the purchase option, such title and interest shall pass to PERFORMANCE INTERCONNECT upon full payment to EXCELLON of the purchase price in cash.
(b) During the Lease term, PERFORMANCE INTERCONNECT shall assume all risk of loss or damage to the Equipment, whether or not insured, until the Equipment is returned to EXCELLON. No loss or damage to the EQUIPMENT at PERFORMANCE INTERCONNECT's site shall relieve PERFORMANCE INTERCONNECT from any obligation under this Lease which shall continue in full force and effect
(c) PERFORMANCE INTERCONNECT shall keep the Equipment insured against theft awl all risks of loss or damage for not less than the replacement cost of the Equipment and shall carry public liability insurance covering the Equipment and its use.
Title, Risk of Loss and Insurance. 12 Section 12.1 Transfer of Title and Risk of Loss 12 Section 12.2 Liability Allocation and Indemnification 12 Section 12.3 Insurance 13
