LEASE AND DELIVERY Sample Clauses

LEASE AND DELIVERY. The LESSOR hereby leases to the LESSEE and the LESSEE hereby leases from the LESSOR the LEASED PREMISES, which are located at corner of Ave. Reforma Esquina Xxxxx xx xxx Xxxxxx x/x Xxxxxxx Xxxxxxx, Ensenada, Baja California 22800, and which are described in Exhibit "B" hereto.
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LEASE AND DELIVERY. The Lessor hereby agrees (subject to satisfaction or waiver of the conditions set forth in Sections 4.1 and 4.2 of the Participation Agreement) on the date of execution and delivery hereof to sublease (and does hereby sublease) the Premises (as described in Exhibit B hereto) to the Lessee and the Lessee agrees to sublease (and does hereby sublease) the Premises from the Lessor. The Lessor hereby further agrees (subject to the satisfaction or waiver of the conditions set forth in Sections 4.3, 4.4, 4.5 and 4.8 of the Participation Agreement) on the Lease Term Commencement Date to subject to this Lease the Units, described in Schedule 1 to the Lease Supplement dated the Lease Term Commencement Date and covering such Units, by executing and delivering on the Lease Term Commencement Date such Lease Supplement. The Lessee hereby agrees (subject to satisfaction or waiver of the conditions set forth in Section 4.6 of the Participation Agreement) on the Lease Term Commencement Date to lease from the Lessor on the terms and conditions set forth herein the Units, as conclusively evidenced by the execution and delivery by the Lessee and the Lessor of a Lease Supplement covering such Units. The Lease Supplement executed and delivered on the Lease Term Commencement Date shall describe the Units subjected to this Lease on the Lease Term Commencement Date, shall set forth the Total Equipment Cost thereof, shall confirm that each Unit has been assembled and installed at the Premises, and shall state and represent that such Units are free and clear of all Liens, except the Lien of this Lease and the Indenture and Permitted Liens of the type described in clauses (iii) and (iv) of the definition thereof, and subject to the express rights of Bayer under the Facility Documents. The Lessee hereby agrees that execution and delivery of a Lease Supplement by the Lessee shall, without further act, irrevocably constitute acceptance by the Lessee of the Units identified in such Lease Supplement for all purposes of this Lease. All risk of loss of the Premises shall pass to the Lessee upon the execution and delivery hereof and all risk of loss of a Unit shall pass to the Lessee upon the acceptance of each such Unit.
Sample 1
LEASE AND DELIVERY. The LESSOR hereby leases to the LESSEE and the LESSEE hereby leases from the LESSOR the LEASED PREMISES, which are located at San Antonio del Mar 20301 A, in Tijuana, B.C., and which are described in Exhibit "A" hereto.
Sample 1
LEASE AND DELIVERY. The LESSOR hereby leases the LAND to the LESSEE, which is described in recital I (C), of the present instrument, same that for greater precision is described in a plan, that signed by The parties is attached hereto and forms of integral part of same as Exhibit "A".
Sample 1
LEASE AND DELIVERY. LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the Real Estate referred to in Representation 1.a) and LESSOR's Improvements as more specifically described hereinafter in this Agreement.
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LEASE AND DELIVERY. Lessor agrees to lease to Lessee, and Lessee agrees to lease from Lessor a System and Equipment (collectively referred to as "System"). If the order submitted by Lessee for an End User location is accepted by Lessor, meets or exceeds the minimum criteria established by the parties, Lessor shall ship the System to the address identified by Lessee. January 4, 1999 by: Date of Acceptance ------------------------------------ on behalf of FortuNet EXISTING INSTALLATIONS - EXHIBIT A On or Before Date to Ship System
Sample 1
LEASE AND DELIVERY. The LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the Leased Property described in Attachments "A" and "A1" hereof.
Sample 1
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LEASE AND DELIVERY. Subject to the terms and conditions of this Agreement, Lessor shall lease to Lessee, and Lessee agrees to lease from Lessor, one (1) Miner. Throughout the Term (as such term is hereinafter defined), and subject to rights of Lessee to inspection as may be contained herein, the Miner shall remain at Lessor’s principal place of business or other location as determined by Lessor in its sole discretion. As such, Lessee will be deemed to have taken delivery of the Miner upon execution of this Agreement (“Delivery”).
Sample 1
LEASE AND DELIVERY. The LESSOR hereby leases to the LESSEES and the LESSEES hereby lease from LESSOR the LEASED PREMISES referred to in I.A. above, which are located at Xxxxxxxxx Xx Xxxx # 00000, Xxxxxx Xxxxxxxxxx Xx Xxxx, Xxxxxxx, B.C., Mexico, and described in Exhibit B hereto.
Sample 1

Related to LEASE AND DELIVERY

  • Notice and Delivery Any notice mailed to you will be deemed delivered and received by you, five days after the postmark date. This fifth day following the postmark is the receipt date. Notices will be mailed to the last address we have in our records. You are responsible for ensuring that we have your proper mailing address. Upon your consent, we may provide you with notice in a delivery format other than by mail. Such formats may include various electronic deliveries. Any notice, including terminations, change in personal information, or contributions mailed to us will be deemed delivered when actually received by us based on our ordinary business practices. All notices must be in writing unless our policies and procedures provide for oral notices.

  • Purchase and Delivery Payment for the Firm Offered Securities shall be made to the Company in Federal or other funds immediately available in New York City at the closing time and place set forth in Schedule I hereto, or at such other time on the same or such other date, not later than the fifth business day thereafter, as may be designated by you in writing. The time and date of such payment are hereinafter referred to as the “Closing Date.” Payment for any Additional Offered Securities shall be made to the Company in Federal or other funds immediately available in New York City at the closing place referred to above on such date of your determination (which may be the same as the Closing Date but shall in no event be earlier than the Closing Date nor later than ten business days after the giving of the notice hereinafter referred to) as shall be designated in a written notice from you to the Company, on behalf of the Underwriters, to purchase a number, specified in said notice, of Additional Offered Securities, or on such other date as shall be designated in writing by you. In any event, such payment date shall be not later than __________, 20__. The time and date of such payment are hereinafter referred to as the “Option Closing Date.” The notice of the determination to exercise the option to purchase Additional Offered Securities and of the Option Closing Date may be given at any time within 30 days after the date of this Agreement. Payment for the Firm Offered Securities or any Additional Offered Securities shall be made against delivery to you on the Closing Date or the Option Closing Date, as the case may be, for the respective accounts of the several Underwriters, of the Firm Offered Securities or any Additional Capital Securities, as the case may be, registered in such names and in such denominations as you shall request in writing not later than one full business day prior to the Closing Date or the Option Closing Date, as the case may be, with any transfer taxes payable in connection with the transfer of the Firm Offered Securities or any Additional Offered Securities, as the case may be, to the Underwriters duly paid.

  • Payment and Delivery Payment for the Option Shares shall be made on the Option Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company upon delivery to you of certificates (in form and substance satisfactory to the Underwriters) representing the Option Shares (or through the facilities of DTC) for the account of the Underwriters. The Option Shares shall be registered in such name or names and in such authorized denominations as the Representative may request in writing at least two (2) full Business Days prior to the Option Closing Date. The Company shall not be obligated to sell or deliver the Option Shares except upon tender of payment by the Representative for applicable Option Shares.

  • Shipment and Delivery Seller grants the Company the right at any time to specify the carrier and/or method of transportation to be employed in conveying any part or all of the Goods covered herein. In the event that Seller uses an unauthorized carrier and/or method of transportation, then all shipping expenses shall be assumed by Seller. Unless otherwise stated in the Order, all Goods will be shipped FCA shipment point. FCA shall be interpreted in accordance with the version of Incoterms valid at the time of the Seller’s acceptance of the Order. The Seller shall be responsible for preparing and filing all export documentation for all shipments. The Company shall not be obligated to accept early deliveries, partial deliveries or excess deliveries. If Goods are incorrectly delivered, the Seller shall be responsible for any additional expense incurred in delivering the Goods to the correct destination. The delivery date set forth on the Order is of the essence of the Contract. If the Seller anticipates that it will not be able to deliver the Goods upon the agreed delivery date, then the Seller shall immediately notify the Company thereof in writing; provided, however, that such notice shall not relieve the Seller of its responsibilities and liabilities with respect to on-time delivery hereunder. In such event, the Company may request that the Seller expedite delivery to the maximum extent possible at the Seller’s sole expense. If the Seller does not deliver the Goods by the agreed delivery date, then the Company shall be entitled to liquidated damages as agreed between the parties, up to and including the total Order value. Notwithstanding the foregoing, the Company reserves the right to claim repayment for any and all costs, losses, expenses and damages incurred by the Company that are attributable to the Seller’s delay in delivery. Such liquidated damages shall be paid at the Company’s written demand. Partial deliveries shall not relieve the Seller from liability for any late delivery hereunder. If the Seller discovers that it has shipped any non-conforming Goods to the Company, it shall immediately (and not more than 24 hours after such discovery) notify the Company thereof in writing; provided, however, that such notice shall not relieve the Seller of its responsibilities and liabilities with respect to defective goods hereunder.

  • Orders and Delivery 7.1 The Post Office will from time to time, please written orders by way of the Purchase Orders with the Service Provider in respect of Goods.

  • Execution and Delivery The Guaranteeing Subsidiary agrees that the Guarantee shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes.

  • Order and Delivery The Contract shall bind the Contractor to furnish and deliver the Goods or Services in accordance with Exhibit A and at the prices set forth in Exhibit B. Subject to the sections in this Contract concerning Force Majeure, Termination and Open Market Purchases, the Contract shall bind the Client Agency to order the Goods or Services from the Contractor, and to pay for the accepted Goods or Services in accordance with Exhibit B.

  • SUPPLY AND DELIVERY All services supplied shall be deemed to have been supplied when notified by the Company. If you claim that some services have not been supplied or rendered, you must notify the Company within 14 days of notification of supply.

  • Purchase, Sale and Delivery On the basis of the representations, warranties, agreements and covenants herein contained and subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the Initial Purchaser, and the Initial Purchaser agrees to purchase from the Company, the Notes at a purchase price of 97.750% of the aggregate principal amount thereof. Delivery to the Initial Purchaser of and payment for the Notes shall be made at a closing (the “Closing”) to be held at 10:00 a.m., New York time, on June 7, 2011 (the “Closing Date”) at the New York offices of Xxxxx Day, 000 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (or such other place as shall be reasonably acceptable to the Initial Purchaser); provided, however, that if the Closing has not taken place on the Closing Date because of a failure to satisfy one or more of the conditions specified in Section 7 hereof and this Agreement has not otherwise been terminated by the Initial Purchaser in accordance with its terms, “Closing Date” shall mean 10:00 a.m. New York time on the first business day following the satisfaction (or waiver) of all such conditions after notification by the Company to the Initial Purchaser of the satisfaction (or waiver) of such conditions. The Company shall deliver to the Initial Purchaser one or more certificates representing the Notes in definitive form, registered in such names and denominations as the Initial Purchaser may request, against payment by the Initial Purchaser of the purchase price therefor by immediately available federal funds bank wire transfer to such bank account or accounts as the Company shall designate to the Initial Purchaser at least two business days prior to the Closing. The certificates representing the Notes in definitive form shall be made available to the Initial Purchaser for inspection at the New York offices of Xxxxx Day, 000 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (or such other place as shall be reasonably acceptable to the Initial Purchaser) not later than 10:00 a.m. New York time one business day immediately preceding the Closing Date. Notes to be represented by one or more definitive global securities in book-entry form will be deposited on the Closing Date, by or on behalf of the Company, with The Depository Trust Company (“DTC”) or its designated custodian, and registered in the name of Cede & Co.

  • ORDERING AND DELIVERY 1.1 An Order Form for Equipment and/or Services is binding when we have accepted it by giving you written confirmation or, if we don’t provide you with written confirmation, when we connect the Services or commence implementation of the Order Form.

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