At Delivery. Immediately prior to the delivery of the Ship by the Builder to the Borrower, the Agent shall have received:
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. 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. (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
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.
