Delivery Specifications. The Company shall not (and shall cause the Company Designee to not) deliver to the Terminal any Off-Specification Product; provided, however, that in the event Off-Specification Product is delivered by the Company or the Company Designee to the Terminal, and the Company or the Company Designee fails to instruct the Operator to return such Off-Specification Product to the Company or the Company Designee, as applicable, the Operator shall provide the Services to the Company or the Company Designee, as applicable, and the Company will receive on its or the Company Designee’s behalf, such Off-Specification Product at its own expense; provided, further, that in the event Off-Specification Product is delivered by the Company or the Company Designee to the Terminal and the Company or the Company Designee instructs the Operator to return such Off-Specification Product to the Company or the Company Designee, as applicable, the Operator shall return such Off-Specification Product to the Company (on its or the Company Designee’s behalf) at the Company’s own expense. In the event Off-Specification Product is delivered by the Company or the Company Designee, and in the reasonable opinion of the Operator, the Services are unable to be provided as a result of the Off-Specification Product (whether due to a failure to comply with law, safety considerations or otherwise), the Operator shall notify the Company and the Company shall be responsible for taking possession of such Off-Specification Product without the Services being provided.
Delivery Specifications. The Thermal Energy delivered by Seller at the Points of Delivery shall satisfy the conditions of temperature and pressure specified in Schedule 1 (j) attached hereto and made a part hereof.
Delivery Specifications. All materials/services must conform to the delivery specifications for the specific item, as set out in the specifications. The method of delivery must not alter product organoleptic characteristics and shall not be source of foreign material nor allergens. Any direct contact shall not be a source of biological (e.g. microbial), chemical or physical (e.g. foreign bodies) or allergen hazards. Staples or protruding metal objects of any kind shall not be used on packaging, and no protruding nails on pallets. Any proposed change in the size, quantity, style or type of delivery packaging material must be submitted to Distell Supplier Quality Management Department for approval prior to modification.
Delivery Specifications. The Company shall not (and shall cause the Company Designee to not) deliver to the Pipeline any Off-Specification Product; provided, however, that in the event Off-Specification Product is delivered by the Company or the Company Designee to the Pipeline, and the Company or the Company Designee instructs, or fails to instruct, the Operator to return such Off-Specification Product to the Company or the Company Designee, as applicable, the Operator shall provide the Off-Specification Product to the Company or the Company Designee, as applicable, and the Operator will deliver, and the Company will receive on its or the Company Designee’s behalf, such Off-Specification Product at the Company’s own expense. In the event Off-Specification Product is delivered by the Company or the Company Designee, and in the reasonable opinion of the Operator, the Services are unable to be provided as a result of the Off-Specification Product (whether due to a failure to comply with law, safety considerations or otherwise), the Operator shall notify the Company and the Company shall be responsible for taking possession of such Off-Specification Product without the Services being provided.
Delivery Specifications. Licensor hereby agrees that they are responsible for providing the Content to Licensee in accordance with the technical video specifications as defined in Annex 2. Until and unless Licensee explicitly approves the Content and confirms acceptance of the same in writing, Licensor shall not be entitled to receive any fees or payments as defined in Clause 3. Copyright Infringement. If either party becomes aware of an actual or suspected infringement of the Copyright, the parties shall consult each other to decide how best to coordinate actions and apportion costs. However, this shall not restrict the right of either Licensee or Licensor to take independent action for infringement of the Copyright in the Territory. Parties shall provide all reasonable assistance to one another as required in connection therewith. Licensor Representations and Warranties. Licensor hereby represents and warrants that: the Content do not contain any libellous, defamatory, immoral or other unlawful material (including any content that may be deemed pornographic in nature), and the transfer, assignment, conveyance and delivery to Licensee of the Copyright and the Licensed Rights as contemplated under this Agreement does not and shall not infringe any valid copyright or other proprietary right of any other person; the Licensor owns solely and exclusively all Copyright and any other related rights in the Content including, without limitation, ownership of or appropriate licenses for all third party audio-visual contents within the Content and has full right and authority to transfer and assign the Copyright and the Licensed Rights over the Content and all related rights in the Content to Licensee under this Agreement; In case of an exclusive license, as detailed in Section B8 of the Cover Note, Licensor certifies that he/she has not sold, transferred, or assigned any of the Copyright and the Licensed Rights to any third party prior to this Agreement, and Licensor further undertakes to Licensee that he shall not do the same during the Term. Any such subsequent transfer or assignment of Copyright shall be considered null and void in breach of this Agreement; Licensor’s heirs, successors and assigns shall not claim the Copyright and the Licensed Rights as assigned to Licensee under this Agreement, or any revenue earned by Licensee derived from broadcasting and/or streaming the Content over the Authorized Platform during the Term. Such claim shall be considered null and void in breach of t...
Delivery Specifications. Marina will ensure that the Thermal Energy delivered by Marina at the Points of Delivery satisfies the conditions of temperature and pressure specified in Schedule 1 attached hereto.
Delivery Specifications. Unless Vendor has obtained prior written approval from WSP, which shall not be withheld unreasonably, incomplete deliveries or backorders will not be accepted. All packages must be accompanied by a packing slip that identifies all items included with the shipment and WSP’s Contract Number. Vendor’s delivery receipt must be signed by an authorized representative of WSP for all deliveries made hereunder.
Delivery Specifications. Seller has delivered and will deliver Detectors to Buyer fully modified, assembled, tested, crated, and labeled in accordance with specifications (“Delivery Specifications”), such Delivery Specifications which were agreed upon in writing by Buyer and Seller on or before December 1, 2006. Buyer may amend the Delivery Specifications in writing at any time during the term of this Amendment, and Seller shall indicate written acceptance of delivered Detectors, such acceptance not to be unreasonably withheld.
Delivery Specifications. (a) The Company may, by letter, telex or other means, deliver to Amgen delivery specifications providing specific information regarding EPO which the Company is interested in obtaining. Each delivery specification shall specify: (1) quantity; (2) requested delivery schedule; (3) packaging and marking requirements; (4) method of shipment; (5) place of delivery and acceptance; and (6) any other information necessary to prepare the proposal.
Delivery Specifications. Both the Lismore and Bundaberg factories will accept deliveries of standard NIS, which is defined as nut in shell that is free from foreign materials that pose a significant food safety risk and contains negligible trash, gross rejects, and husk. MM retains the right to determine, at its sole discretion, whether any delivery has met the delivery specifications, and if not whether the delivery is rejected.
