Common use of DELIVERY, INSPECTION, AND ACCEPTANCE Clause in Contracts

DELIVERY, INSPECTION, AND ACCEPTANCE. For Equipment held on standby for Gatherer that is RTS, CHK Compression shall deliver such Equipment to Gatherer’s site by no later than 14 days after the date on which the Equipment was requested by Gatherer. No later than 7 days after delivery of the Equipment to Gatherer’s site, Gatherer shall inspect the Equipment. Unless Gatherer provides Notice to CHK Compression within such 7-day period of any defects or deficiencies in such Equipment, Gatherer shall be presumed to have accepted the Equipment in its then present condition. If within such 7-day period, Gatherer provides Notice to CHK Compression of the unacceptability of the Equipment, CHK Compression shall correct such defects as soon as commercially practicable but no later than 14 days after the date of Gatherer’s Notice or CHK Compression will retrieve and remove the Equipment by such date, at its cost, and Gatherer shall have no payment obligations hereunder with respect to such Equipment. Upon delivery of any Equipment, Gatherer shall thereupon assume the care, custody, supervision, and control of the Equipment. Any acceptance by Gatherer of any Equipment shall not relieve CHK Compression of its obligations hereunder in respect of such Equipment.

Appears in 1 contract

Samples: Servicing Agreement (Chesapeake Midstream Partners, L.P.)

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DELIVERY, INSPECTION, AND ACCEPTANCE. For Equipment held on standby by MidCon for Gatherer CMO that is RTS, CHK Compression MidCon shall deliver ship such Equipment to Gatherer’s site by no later than 14 days after the date on which the Equipment was requested by GathererCMO. No later than 7 days after delivery of the Equipment to Gatherer’s site, CMO shall cause Gatherer shall to inspect the Equipment. Unless Gatherer CMO provides Notice to CHK Compression MidCon within such 7-day period of any defects or deficiencies in such Equipment, Gatherer shall be presumed to have accepted the Equipment in its then present condition. If within such 7-day period, Gatherer CMO provides Notice to CHK Compression MidCon of the unacceptability of the Equipment, CHK Compression MidCon shall correct such defects as soon as commercially practicable but no later than 14 days after the date of GathererCMO’s Notice or CHK Compression MidCon will retrieve and remove the Equipment by such date, at its cost, and Gatherer CMO shall have no payment obligations hereunder with respect to such Equipment. Upon delivery of any Equipment, Gatherer shall thereupon assume the care, custodyoperation, supervision, and control of the EquipmentEquipment for operation pursuant to the terms of this Agreement. Any acceptance by Gatherer of any Equipment shall not relieve CHK Compression MidCon of its obligations hereunder in respect of such Equipment. SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**).

Appears in 1 contract

Samples: Compression Agreement (Access Midstream Partners Lp)

DELIVERY, INSPECTION, AND ACCEPTANCE. For Equipment held on standby for Gatherer MLP OpCo that is RTS, CHK Compression shall deliver such Equipment to Gatherer’s site by no later than 14 days after the date on which the Equipment was requested by GathererMLP OpCo. No later than 7 days after delivery of the Equipment to Gatherer’s site, MLP OpCo shall cause Gatherer shall to inspect the Equipment. Unless Gatherer MLP OpCo provides Notice to CHK Compression within such 7-day period of any defects or deficiencies in such Equipment, Gatherer shall be presumed to have accepted the Equipment in its then present condition. If within such 7-day period, Gatherer MLP OpCo provides Notice to CHK Compression of the unacceptability of the Equipment, CHK Compression shall correct such defects as soon as commercially practicable but no later than 14 days after the date of GathererMLP OpCo’s Notice or CHK Compression will retrieve and remove the Equipment by such date, at its cost, and Gatherer MLP OpCo shall have no payment obligations hereunder with respect to such Equipment. Upon delivery of any Equipment, Gatherer shall thereupon assume the care, custody, supervision, and control of the Equipment. Any acceptance by Gatherer of any Equipment shall not relieve CHK Compression of its obligations hereunder in respect of such Equipment.

Appears in 1 contract

Samples: Servicing Agreement (Chesapeake Midstream Partners Lp)

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DELIVERY, INSPECTION, AND ACCEPTANCE. For Equipment held on standby for Gatherer MLP OpCo that is RTS, CHK Compression shall deliver such Equipment to Gatherer’s site by no later than 14 days after the date on which the Equipment was requested by GathererMLP OpCo. No later than 7 days after delivery of the Equipment to Gatherer’s site, MLP OpCo shall cause Gatherer shall to inspect the Equipment. Unless Gatherer MLP OpCo provides Notice to CHK Compression within such 7-day period of any defects or deficiencies in such Equipment, Gatherer shall be presumed to have accepted the Equipment in its then present condition. If within such 7-day period, Gatherer MLP OpCo provides Notice to CHK Compression of the unacceptability of the Equipment, CHK Compression shall correct such defects as soon as commercially practicable but no later than 14 days after the date of GathererMLP OpCo’s Notice or CHK Compression will retrieve and remove the Equipment by such date, at its cost, and Gatherer MLP OpCo shall have no payment obligations hereunder with respect to such Equipment. Upon delivery of any Equipment, Gatherer shall thereupon assume the care, custodyoperation, supervision, and control of the EquipmentEquipment for operation pursuant to the terms of this Agreement. Any acceptance by Gatherer of any Equipment shall not relieve CHK Compression of its obligations hereunder in respect of such Equipment.

Appears in 1 contract

Samples: Compression Agreement (Access Midstream Partners Lp)

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