Product Lien Sample Clauses

Product Lien. Enterprise shall have, and Customer hereby grants to Enterprise, an express contractual lien and security interest upon all Product in Enterprise’s custody at any time for all of the fees and other amounts payable by Customer to Enterprise pursuant to the Agreement. Enterprise may refuse to redeliver Customer’s Product until all fees and other amounts (including any applicable interest) have been paid. Such lien rights and other remedies of Enterprise provided in the Agreement shall not be exclusive, but shall be cumulative and shall be in addition to all other remedies at law or in equity.
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Product Lien. MANUFACTURER shall have an expressed contract lien upon all materials and products at this time stored and handled hereunder for all of the charges and amounts payable by CUSTOMER to MANUFACTURER hereunder, or under any other agreements between CUSTOMER and MANUFACTURER. Such lien shall not be exclusive, but shall be cumulative and in addition to all other legal and equitable liens, rights and remedies of MANUFACTURER’S. Should MANUFACTURER exercise its lien rights hereunder, which shall require a minimum of thirty (30) days prior written notice to CUSTOMER, MANUFACTURER has the right to foreclose upon the product and subject to the Lien. MANUFACTURER has the right to sell the material and/or product stored to apply against outstanding indebtedness.
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Product Lien. LAZARUS shall have, and DPS hereby grants to LAZARUS, an express contractual lien and security interest upon all Products at any time stored, transferred or handled hereunder for all of the charges and amounts payable by DPS to LAZARUS hereunder. Said contractual lien and security interest may be foreclosed by LAZARUS in accordance with the provisions of Unifonn Commercial Code of the State of Texas in effect from time to time. Such liens shall not be exclusive but shall be cumulative and in addition to all other legal and equitable liens, rights and remedies of LAZARUS. Notwithstanding anything to the contrary contained herein, the lien herein provided for shall only be applicable to indebtedness owed to LAZARUS by DPS under this Agreement.
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Product Lien. Title to CUSTOMER’s petroleum products shall at all times remain with CUSTOMER or its assignees, subject to any lien asserted by SFPP. At all times to the extent permitted by law, SFPP shall have all applicable statutory, common law and contractual liens, including the contractual lien that is created hereby, upon CUSTOMER’s petroleum products at any time in the Terminals for any uncured default in payment of the charges and all other monetary obligations, plus any interest thereon, set forth herein, whether such charges or obligations are incident to CUSTOMER’s petroleum products then in the Terminals or otherwise, and in connection with any and all other agreements between SFPP and CUSTOMER. Additionally SFPP may assert as part of its liens, reasonable administrative and legal fees and charges incurred to enforce and administer the liens, not to exceed 20% of the amount of the total value of the obligations plus interest due thereon secured by the liens. CUSTOMER hereby authorizes SFPP to file any financing statement or other document reasonably necessary to perfect or enforce the liens granted herein. To the extent that any warehouse receipt is required for the securing and enforcing of any of the liens granted herein and a separate warehouse receipt has not been issued, this Agreement shall serve as a warehouse receipt. If a separate warehouse receipt is required by CUSTOMER, it will be a non-negotiable warehouse receipt, subject to all the terms herein notwithstanding any conflicting terms on the warehouse receipt.
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Product Lien. Terminal Company shall have, and is hereby granted, an express contractual lien and security interest (to the extent of the charges set forth herein) in and upon all Commodities at any time stored or Handled hereunder for User to secure payment of all charges and amounts payable by User to Terminal Company under these Terminal Regulations or under the Agreement between Terminal Company and User. Said lien and security interest shall not be exclusive, but shall be cumulative of and in addition to all other legal and/or equitable liens and/or security interests, rights and remedies that Terminal Company may have, either at law or in equity. If User fails to make any payment required to be made hereunder or under the terms of any other agreement between Terminal Company and User, Terminal Company shall have the right to foreclose its security interest.
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Product Lien. Shipper hereby grants to Millennium an express contractual lien and security interest upon all Products at any time stored or handled hereunder for all of the charges and amounts payable by Shipper to Millennium hereunder. Said contractual lien and security interest may be foreclosed by Millennium in accordance with the provisions of Article 9 of the Texas Uniform Commercial Code in effect from time to time. Such liens shall not be exclusive but shall be cumulative and in addition to all other legal and equitable liens, rights and remedies of Millennium. Notwithstanding anything to the contrary contained herein, the lien granted in this Section 11 is only applicable to indebtedness owed to Millennium by Shipper under this Agreement.
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Related to Product Lien

  • Product Liability The Company has no Liability (and there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against any of them giving rise to any Liability) arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product manufactured, sold, leased, or delivered by the Company.

  • Product Liability Claims Notwithstanding the provisions of Section 9.2, any Losses arising out of any Third Party claim, suit, action, proceeding, liability or obligation involving any actual or alleged death or bodily injury arising out of or resulting from the development, manufacture or Commercialization of any Fibrocell Products or Improved Products for use or sale in the Field, to the extent that such Losses exceed the amount (if any) covered by the applicable Party’s product liability insurance (“Excess Product Liability Costs”), shall be paid by [*****], except to the extent such Losses arise out of any Third-Party Claim based on the gross negligence or willful misconduct of a Party, its Affiliates, or its Affiliates’ sublicensees, or any of the respective officers, directors, employees and agents of each of the foregoing entities, in the performance of obligations or exercise of rights under this Agreement.

  • Third Party Obligations 3.1. The THIRD PARTY shall:-

  • Product Warranty and Product Liability Set forth in Schedule 3.14 of the Disclosure Schedule is a true, correct and complete copy of the Company's standard warranty or warranties for sales of its products.

  • Product Claims You acknowledge that Company, not an App Distributor, is responsible for addressing any claims of yours or any third party relating to the Company application or your possession and/or use of the Company application, including, but not limited to: (i) product liability claims; (ii) any claim that the Company application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (5)

  • Product Warranty Claims When we receive a valid warranty claim for an HP hardware or software product, HP will either repair the relevant defect or replace the product. If HP is unable to complete the repair or replace the product within a reasonable time, Customer will be entitled to a full refund upon the prompt return of the product to HP (if hardware) or upon written confirmation by Customer that the relevant software product has been destroyed or permanently disabled. HP will pay for shipment of repaired or replaced products to Customer and Customer will be responsible for return shipment of the product to HP.

  • Infringement Indemnity Except as specifically provided below, Ricoh will indemnify, defend and hold Subscriber harmless from and against any and all liabilities, damages, costs and expenses (including reasonable attorneys fees) incurred by Subscriber arising from a third party claim that the Services or Application, as delivered by Ricoh and used within the scope of this Agreement, infringe any existing domestic patent, copyright or trademark, but only if, (i) Subscriber notifies Ricoh in writing within thirty (30) days of any such claim, (ii) Ricoh shall have full control of the defense and all related settlement negotiations, and (iii) Subscriber shall provide Ricoh with assistance, information and authority necessary to perform the above. Notwithstanding the foregoing, Ricoh shall have no indemnity obligation for any claim relating to (i) any software of third parties, including without limitation, any embedded open source or similar software, (ii) any modifications to the Services or Application made by any entity other than Ricoh, (iii) combination or use of the Services or Application with other products, (iv) use of an outdated version of the Ancillary Software when Ricoh has made available an updated version that does not infringe, or (v) any addition, change or modification of the functionality of the Services or Application made at Subscriber’s request, if such claim would not have arisen but for such functionality. In the event of an infringement claim, if it is commercially reasonable to do so, and at its option, Ricoh will either obtain the right for Subscriber to use the Services or will modify the Services to make them non-infringing, and failing these options, Ricoh may terminate the license and Subscriber will return any Ancillary Software. THE REMEDIES ABOVE ARE THE SOLE AND EXCLUSIVE REMEDIES FOR RICOH’S BREACH OF ANY INTELLECTUAL PROPERTY WARRANTY CONTAINED IN THIS AGREEMENT OR IMPOSED OR IMPLIED BY LAW.

  • Breach of Contract Claims To the extent that Chapter 2260, Texas Government Code, is applicable to this Agreement and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, will be used by University and Contractor to attempt to resolve any claim for breach of contract made by Contractor that cannot be resolved in the ordinary course of business. The chief business officer of University will examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve the claims. The parties specifically agree (i) neither execution of this Agreement by University nor any other conduct, action or inaction of any representative of University relating to this Agreement constitutes or is intended to constitute a waiver of University’s or the state's sovereign immunity to suit; and (ii) University has not waived its right to seek redress in the courts.

  • Infringement Claims You may submit an infringement claim notice to us at our Contact Formavailable here if you have a good faith belief that Your Content has been copied and made accessible through the Services (including as a part of the Service Content or Third Party Content) in violation of your Inte lectual Property Rights. A copyright infringement claims notice must include at (i) the identification of such a legedly infringing materials, including information su ficient for us to locate it within our Services, ( i) a demand that such a legedly infringing materials be removed or access disabled, ( i) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (iv) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is a legedly infringed; (v) contact information for you, such as address, phone number, and, if available, an email address; and (vi) must be signed by you or the person authorized to act on behalf of the owner of the a legedly infringed work (the “Notice Requirements”). Pursuant to 17 U.S.C. 512(c)(3), if the above Notice Requirements are not met, we may disregard the notice. Pursuant 17 U.S.C. 512(f), be advised that knowingly making a material misrepresentation that online material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification, may subject you to heavy civil penalties. These penalties include monetary damages, including costs and attorneys' fees, incurred by the a leged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider who is injured by your misrepresentation. If we make a decision to remove Your Content in response to a complaint, we may notify you and provide you with contact information for the complaining party. You may also object to such determination by writing to our designated agent, which must contain the fo lowing information pursuant to 17 U.S.C. 512(g)(3), (i) your physical or electronic signature; ( i) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; ( i) a statement under penalty of perjury that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your name, address, phone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are located outside of the United States, for any judicial district in which the service provider may be found, and that you wil accept service of process from the person who provided notification under subsection 17 U.S.C. 512(c)(1)(C) or an agent of such person.

  • Excluded Action or Omissions To indemnify Indemnitee for acts, omissions or transactions from which Indemnitee may not be relieved of liability under applicable law.

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