At Delivery Sample Clauses

At Delivery. Immediately prior to the delivery of the Ship by the Builder to the Borrower, the Agent shall have received:
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At Delivery. City makes no representation or warranty of any kind (express or implied) regarding the suitability of, or compliance with applicable laws by, Facility, for any aspect of Licensee’s intended use. Accordingly, Licensee acknowledges and agrees that Licensee has made an adequate investigation and inspection of Facility and its own determination regarding the suitability thereof for Licensee's intended use. Licensee further acknowledges and agrees that the Facility shall be delivered by City to Licensee "as is," "where is" and "with any and all faults," and without any representation or warranty of any kind (express or implied), including, but not limited to, representations and warranties as to merchantability and fitness for the use thereof for any particular purpose, and shall be used by Licensee for the Event at Licensee's own risk.
At Delivery the Buyer is responsible for insuring that the Customer provides minimum site standards as defined below, and for prompt payment as specified in Section 3.2.c. Any delays in unloading resulting from failure to maintain the minimum site standards, or from failure to pay as agreed, will result in a delay charge of $100.00 per hour per truck, after allowing for three hours per truck for off-loading. Any other costs, including those specified in Section 8.1, related to delivery to a site which does not conform to the minimum site standards are the responsibility of the Buyer. The minimum site standards are as follows:
At Delivery. Rice makes no representation or warranty of any kind (express or implied) regarding the suitability of, or compliance with applicable laws by, the Facilities, as built or maintained, for any aspect of the Licensee’s intended use. Accordingly, Licensee acknowledges and agrees that Licensee has made an adequate investigation and inspection of the Facilities and its own determination regarding the suitability thereof for Licensee’s intended use. Licensee further acknowledges and agrees that Facilities shall be delivered by Rice to Licensee “as is,” “where is,” and “with any and all faults,” and without any representation or warranty of any kind (express or implied), including, but not limited to, representation and warranties as to the merchantability and fitness for use for any particular purpose, and shall be used by Licensee for the Event at Licensee’s own risk. Notwithstanding anything in this Agreement to the contrary, Rice undertakes no obligation whatsoever for the safety or security of any property or person, including, but not limited to, Licensee, or any of the employees, subcontractors, agents, representatives, participants, invitees, or attendees of License or the Event.
At Delivery. Purchaser is acquiring the Condominium Unit in “AS-IS” condition. At settlement, Seller shall deliver the Condominium Unit and the appurtenances thereto substantially in accordance with the Plats and Plans, as the same may be modified and amended from time to time, with all fixtures, appliances and equipment to be provided by Seller installed, along with all options depicted on the Schedule of Purchaser’s Extras/Options/Upgrades attached as Exhibit A hereto. Purchaser acknowledges that measurements shown on the Plats and Plans are approximate and actual dimensions may not be exactly as shown. Seller shall not be required to install or provide any fixtures or appliances not actually installed in the Condominium Unit at the time of inspection pursuant to Section 7 or otherwise agreed in writing to be installed by Seller. Seller shall have the right to make minor changes in the dimensions of any portion of the Condominium and to substitute substantially equivalent materials for any of the same set forth in any sales or other documents and to make such modifications or substitutions as may be required by any governmental authorities asserting jurisdiction over the Condominium, or any construction or permanent lender or as may be reasonably necessary. Any dispute involving delivery of the Unit shall be submitted within a reasonable time to arbitration administered by the American Arbitration Association under its Arbitration Rules for the Real Estate Industry, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
At Delivery. Customer shall inspect the Equipment before taking the Equipment into use. Customer shall notify Contractor of defects identified without undue delay.
At Delivery. (i) the Aircraft will be airworthy and clean in accordance with normal standards for executive aircraft; (ii) the Aircraft will include all parts and equipment required for normal operation by the Seller and such parts and equipment shall be functional per manufacturer's specifications; (iii) each Engine will be installed on the Aircraft and functional per manufacturer's specifications; (iv) the Aircraft and each Engine will be in the same condition as when last inspected by the Buyer prior to the date of this Agreement, ordinary wear and tear excepted; (v) all FAA Airworthiness Directives and Mandatory Service Bulletins relating to the Aircraft and requiring compliance before the Delivery Date will have been complied with, and the Aircraft will be current with all required inspections (if any); (vi) the Aircraft will comply with applicable FAA requirements for continued operation under Part 91 of the United States Federal Aviation Regulations; (vii) the Aircraft shall have no record of accidents or damage; (viii) all discrepancies that affect the airworthiness, or otherwise materially affect the value or utility of the Aircraft, shall have been corrected at Seller's expense or (only in the case of such discrepancies that do not affect the airworthiness of the Aircraft) the Seller shall have agreed in writing to remedy such discrepancies at its expense within one year after the Delivery Date; (ix) the Aircraft shall have no evidence of corrosion, other than small amounts of surface corrosion typically found on used aircraft; 4
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At Delivery. The Rigs and tangible Assets are, and will at Closing be:

Related to At Delivery

  • Document Delivery Borrower, on or prior to the Closing Date, shall have delivered to Lender the following:

  • Late Delivery Supplier shall give DXC prompt notice of any prospective failure to ship Products or provide Services on the delivery date specified by DXC (the “Delivery Date”).

  • Shipment and Delivery Seller grants the Company the right at any time to specify the carrier and/or method of transportation to be employed in conveying any part or all of the Goods covered herein. In the event that Seller uses an unauthorized carrier and/or method of transportation, then all shipping expenses shall be assumed by Seller. Unless otherwise stated in the Order, all Goods will be shipped FCA shipment point. FCA shall be interpreted in accordance with the version of Incoterms valid at the time of the Seller’s acceptance of the Order. The Seller shall be responsible for preparing and filing all export documentation for all shipments. The Company shall not be obligated to accept early deliveries, partial deliveries or excess deliveries. If Goods are incorrectly delivered, the Seller shall be responsible for any additional expense incurred in delivering the Goods to the correct destination. The delivery date set forth on the Order is of the essence of the Contract. If the Seller anticipates that it will not be able to deliver the Goods upon the agreed delivery date, then the Seller shall immediately notify the Company thereof in writing; provided, however, that such notice shall not relieve the Seller of its responsibilities and liabilities with respect to on-time delivery hereunder. In such event, the Company may request that the Seller expedite delivery to the maximum extent possible at the Seller’s sole expense. If the Seller does not deliver the Goods by the agreed delivery date, then the Company shall be entitled to liquidated damages as agreed between the parties, up to and including the total Order value. Notwithstanding the foregoing, the Company reserves the right to claim repayment for any and all costs, losses, expenses and damages incurred by the Company that are attributable to the Seller’s delay in delivery. Such liquidated damages shall be paid at the Company’s written demand. Partial deliveries shall not relieve the Seller from liability for any late delivery hereunder. If the Seller discovers that it has shipped any non-conforming Goods to the Company, it shall immediately (and not more than 24 hours after such discovery) notify the Company thereof in writing; provided, however, that such notice shall not relieve the Seller of its responsibilities and liabilities with respect to defective goods hereunder.

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