By Shipper Sample Clauses

By Shipper. In the event that any of said above referenced materials are discovered on said property, each Party shall immediately notify the other Party of the discovery and existence of said materials. In the event of either Party’s breach of the representations contained in this section, the full responsibility for the handling, remediation, treatment, storage or disposal of any such hazardous substance, petroleum or petroleum product, asbestos material, PCBs or solid waste discovered on said property, including the handling of such materials in compliance with all environmental laws including federal, state and local laws, rules and regulations, shall remain with such Party and such Party shall indemnify, defend and hold harmless the other Party, its Affiliates, and its and their respective employees, officers, directors, members, managers, partners, agents and representatives from all Losses, fines, penalties or compliance orders issued by any Governmental Authority relating to pollution or protection of the environment including without limitation laws and regulations relating to emissions, discharges, releases or threatened releases of chemicals, pollutants, contaminants, waste petroleum, toxic substances and hazardous substances occurring on said property.
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By Shipper. Notwithstanding the provisions of Section 8.1, Shipper may assign all, but not less than all, of its rights and obligations under this Agreement to an Affiliate concurrently with assignment to the same Affiliate of all of its rights and obligations under each of the TSAs, provided however, Shipper shall not be released of its obligations under this Agreement, unless: (i) prior to such assignment such Affiliate enters into an agreement directly with the Transporter under this Agreement under which such Affiliate agrees to assume, perform and observe the Shipper’s obligations under this Agreement; (ii) such Affiliate is at least equal to the creditworthiness of the Shipper, in Transporter’s reasonable determination; and
By Shipper. Shipper shall have the right to assign its rights and obligations, or parts thereof, under this Transportation Service Agreement subject to:
By Shipper. Shipper shall have the right to assign its rights and obligations, or parts thereof, under this XXXX to a Firm Shipper subject to:
By Shipper. The Shipper shall have the right to assign its rights and obligations, or parts thereof, under this Agreement subject to the prior written consent of the Carrier, which consent shall not be unreasonably withheld; provided that it shall be reasonable for the Carrier to withhold consent to assignment if the Carrier is not satisfied with the creditworthiness of the proposed assignee, having regard to the criteria for the provision of financial assurances set forth in the Rules and Regulations.
By Shipper. Notwithstanding the provisions of Section 8.1, Shipper may assign all, but not less than all, of its rights and obligations under this Agreement to an Affiliate concurrently with assignment to the same Affiliate of all of its rights and obligations under the TSA, provided however, Shipper shall not be released of its obligations under this Agreement, unless: (i) prior to such assignment such Affiliate enters into an agreement directly with the Transporter under this Agreement under which such Affiliate agrees to assume, perform and observe the Shipper’s obligations under this Agreement; (ii) such Affiliate is at least equal to the creditworthiness of the Shipper, in Transporter’s reasonable determination; and (iii) any Credit Support or Guarantee currently provided by or on behalf of the Shipper is also provided by or on behalf of such Affiliate.
By Shipper. Shipper may not assign its rights and obligations, or any part thereof, under this Interruptible Transportation Service Agreement.
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By Shipper. Shipper shall not be entitled to assign or transfer Shipper’s rights and obligations with respect to all or any portion of the Minimum Volume Commitment without the prior written consent of Carrier, which consent shall not be unreasonably withheld, conditioned or delayed. Carrier shall, without limitation, be deemed reasonable in refusing its consent to an assignment if the assignee or transferee fails to satisfy Carrier’s credit requirements as set forth in the Joint Tariff and this Agreement, does not assume in writing Shipper’s obligations under this Agreement or if a Shipper Default has occurred and is continuing. Any purported assignment in violation of this Section 13(a) shall be null and void.

Related to By Shipper

  • Drop Shipped Off loaded by carrier to an Agency loading dock or designated area. There will be no charge to the ordering Agency for this delivery method.

  • ON-SITE STORAGE With the written approval of the Authorized User, materials, equipment or supplies may be stored at the Authorized User’s site at the Contractor’s sole risk.

  • Operators Any and all Operators of the Equipment shall be duly experienced, trained and qualified to operate Equipment of this type. Although We may, from time to time, recommend certain qualified Operators with whom We are familiar, We do not supply Operators. You must supply and employ any Operator who operates the Equipment (even if the Operator is the owner of the Equipment or owner of a company that owns the Equipment) and that Operator shall be deemed to be Your employee and acting under Your supervision or control for all purposes and shall be covered as an insured on all of Your applicable insurance policies.

  • PACKING AND SHIPMENT (a) Unless otherwise specified, all Work is to be packed in accordance with good commercial practice.

  • SHIPPING AND SHIPPING COSTS All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

  • PACKING AND SHIPPING a. Seller shall pack the goods and materials to prevent damage and deterioration. Unless otherwise set forth in this Contract, Seller shall package the goods in accordance with the requirements of Boeing Document D37522-6 “Supplier Packaging”. Buyer may charge Seller for damage to or deterioration of any goods resulting from improper packing or packaging.

  • Operator The Optionee shall be the operator for purposes of developing and executing exploration programs.

  • Packaging and Shipping 3.1 Seller shall properly xxxx, xxxx, ship and route the Products in accordance with the requirements of Timken and the carriers and in accordance with all applicable laws and regulations, or if there are no stated requirements, in accordance with best commercial practices designed to prevent loss or damage due to weather, transportation and other causes.

  • Load Shedding The Distributor may carry out Load Shedding in the following circumstances:

  • TRANSPORT SERVICES Upon the conclusion of such multilateral negotiations, the Parties shall conduct a review for the purpose of discussing appropriate amendments to this Agreement so as to incorporate the results of such multilateral negotiations.

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