Specifically Excluded Items Sample Clauses

Specifically Excluded Items. Unloading, hauling from nearest unloading area and storage Excavation, backfilling, grading and all field labor Concrete, concrete work, grout or grouting Concrete embedded items Piping connections or any piping outside the pump station Electrical wiring and conduit outside the pump station Unpacking and installation of accessory items, including touch-up painting Videotaping of startup or training sessions Any items not specifically included in this Sales Agreement are specifically excluded from Xxxxx & Xxxxxxxx scope of supply Field Vibration Testing PLC Program Copy (if applicable) Xxxxx & Xxxxxxxx, Inc. will provide one electronic copy of the O&M on CD in PDF format and four hard copies of the O&M. Additional copies can be provided for $50 per copy. PRICE, SUBMITTAL DATA & DELIVERY: $ 79,540 F.O.B. factory plus any taxes, which may apply. Truck/Rail freight allowed to the job site, rail siding or nearest unloading area-unloading to be by Buyer. Due to the spike in gas prices, which is beyond the control of Xxxxx & Xxxxxxxx at the time of our quotation/bid, a fuel surcharge may need to be assessed at time of shipment. We are currently experiencing large increases in the price of materials and components with very little advance notice. Therefore, the sales price of the equipment quoted herein is subject to an escalation in price. Escalation shall be based upon the increase incurred by Xxxxx & Xxxxxxxx for the material or components in excess of 5% from the time of quote. The escalation shall be calculated as the % increase over 5% of the material/component item and shall include material handling factor and overhead. Such escalation shall be verified through quotes, invoices or receipts from suppliers to Xxxxx & Xxxxxxxx. One day supervision of initial operation over one trip is included. If additional days are required, Seller will furnish a factory supervisor for $1,100 per day including travel time plus actual travel expenses. With continuing approval of the Xxxxx & Xxxxxxxx Credit Department, payments terms are 100% Net 30 days from date of shipment, or at time of start-up, whichever occurs first. Price is firm for 30 days from the date of proposal. Seller to send Submittal Data for approval 4-6 weeks after receipt of complete details at Seller’s factory. Manufacturing completion is estimated 30 weeks after receipt in Seller’s office of approved Submittal Data and/or after all notations or comments have been clarified, approved and inserted into the...
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Specifically Excluded Items. The additional items specifically excluded from the Transferred Properties as listed on Part C of Schedule 7 attached to this Agreement; and
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Specifically Excluded Items. The additional items specifically excluded from the Transferred Properties or YCMC Properties, as listed on Schedule 4 attached to this Agreement.
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Related to Specifically Excluded Items

  • Excluded Items The following items are excluded from this sale:

  • Permitted Deductions The Security Agent shall be entitled (a) to set aside by way of reserve amounts required to meet and (b) to make and pay, any deductions and withholdings (on account of Tax or otherwise) which it is or may be required by any applicable law to make from any distribution or payment made by it under this Agreement, and to pay all Tax which may be assessed against it in respect of any of the Charged Property, or as a consequence of performing its duties, or by virtue of its capacity as Security Agent under any of the Finance Documents or otherwise (except in connection with its remuneration for performing its duties under this Agreement).

  • Excluded Inventions The provisions of Section 2.1 shall not apply to Inventions which fulfill all of the following criteria:

  • Assumed and Excluded Liabilities (a) The “

  • Excluded Information For purposes of this Agreement, the term “confidential and proprietary information” shall not include (i) information already known or independently developed by the recipient without the use of any confidential and proprietary information, or (ii) information known to the public through no wrongful act of the recipient.

  • Contract Rights Not Exclusive The rights to payment of Indemnifiable Amounts and advancement of Indemnifiable Expenses provided by this Agreement shall be in addition to, but not exclusive of, any other rights which Indemnitee may have at any time under applicable law, the Company’s Certificate of Incorporation or By-laws, or any other agreement, vote of stockholders or directors (or a committee of directors), or otherwise, both as to action in Indemnitee’s official capacity and as to action in any other capacity as a result of Indemnitee’s serving as a director or officer of the Company.

  • Assumed Liabilities; Excluded Liabilities (a) Pursuant to the terms and subject to the conditions of this Agreement, at the Closing, Seller shall sell, convey, deliver, transfer and assign to Buyer (or its designated Affiliate), and Buyer (or its designated Affiliate) shall assume from Seller the Assumed Liabilities.

  • Permitted deductions by Agent Notwithstanding any other provision of this Agreement or any other Finance Document, the Agent may, before making an amount available to a Lender, deduct and withhold from that amount any sum which is then due and payable to the Agent from that Lender under any Finance Document or any sum which the Agent is then entitled under any Finance Document to require that Lender to pay on demand.

  • Excluded Claims Notwithstanding the foregoing, the following are not included in the Released Claims (the “Excluded Claims”): (i) any rights or claims for indemnification you may have pursuant to any written indemnification agreement with the Company to which you are a party, the charter, bylaws, or operating agreements of the Company, or under applicable law; (ii) any rights which are not waivable as a matter of law; and (iii) any claims for breach of this Agreement. In addition, nothing in this Agreement prevents you from filing, cooperating with, or participating in any proceeding before the Equal Employment Opportunity Commission, the Department of Labor, or any other government agency, except that you acknowledge and agree that you are hereby waiving your right to any monetary benefits in connection with any such claim, charge or proceeding. You hereby represent and warrant that, other than the Excluded Claims, you are not aware of any claims you have or might have against any of the Released Parties that are not included in the Released Claims.

  • Excluded Liabilities Notwithstanding the provisions of Section 2.03 or any other provision in this Agreement to the contrary, Buyer shall not assume and shall not be responsible to pay, perform or discharge any Liabilities of Seller or any of its Affiliates of any kind or nature whatsoever other than the Assumed Liabilities (the “Excluded Liabilities”). Seller shall, and shall cause each of its Affiliates to, pay and satisfy in due course all Excluded Liabilities which they are obligated to pay and satisfy. Without limiting the generality of the foregoing, the Excluded Liabilities shall include, but not be limited to, the following:

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