Common use of Delivery Specifications Clause in Contracts

Delivery Specifications. Delivery of the Picture means the physical delivery to TAG no later than December 31, 1999 (time being of the essence) at such addresses TAG designates in writing, at LP's sole cost and expense and free and clear of any liens, claims, charges, limitations, restrictions or encumbrances of any kind of (i) all of the schedules, details and information required to be delivered pursuant to this Agreement, including (but not limited to) the information referred to and required by subparagraph 4(i) and paragraph 7, and (ii) all of the physical materials and items enumerated in the Delivery Schedule attached hereto. TAG shall have fourteen (14) days (subject to laboratory and other delays beyond its control) following the tendered delivery of each item to inspect it. Delivery will not be completed within the meaning of this Agreement until delivery of all materials and items required to be delivered shall be effected and the period of inspection has expired. Upon the completion of such inspection, TAG shall advise LP wherein any such delivery is not proper or complete. If delivery is not completed within the time, manner and in accordance with the requirements of this Agreement, TAG (without prejudice to any other right or remedy) may, but shall not be obligated to, (a) itself supply at LP's cost or require LP to promptly supply, such items or materials LP failed to supply in the first instance, or (b) require LP to refund any and all monies theretofore paid to it until LP effects complete and proper delivery, or (c) terminate this Agreement and all of TAG's obligations hereunder, in which event, upon demand, LP will pay TAG a sum equal to the aggregate of all payments to LP plus costs, expenditures and indebtednesses incurred by TAG in respect of the Picture. The exercise of any right or remedy shall not bar or preclude the exercise of any other right or remedy, and no acceptance of improper or inadequate delivery shall be a waiver of any of TAG's rights, including (but not limited to) the right to receive full, complete and proper delivery in accordance with this Agreement.