Title Transfers Sample Clauses

Title Transfers. A Title Transfer may be initiated by the Warehouser by: • providing written instructions to EMERALD that it wishes to undertake a Title Transfer to a Buyer or Client. ▇▇▇▇▇▇▇ is thereupon authorised to sign the transfer for and on behalf of the Warehouser and for this purpose the Warehouser irrevocably appoints EMERALD as its agent and attorney. ▇▇▇▇▇▇▇ will then seek the Buyer’s or Client’s acceptance of the transfer and confirm completion to the Warehouser; or • undertaking a Title Transfer via EMERALD’s website, in which case EMERALD shall be entitled to assume that the instructions to transfer have been issued by or on behalf of the Warehouser if the Warehouser has used their userid to execute the transaction. EMERALD shall not be obliged to recognise any Title Transfer unless and until: • the Buyer of the Outturn Entitlement agrees to be bound by these terms and conditions (as amended from time to time); or • if the buyer is a Client (i.e. marketer or trader of commodities), it agrees to be bound by the terms and conditions contained in EMERALD’s Storage & Handling Agreement for the season.

Title Transfers. (a) Each SpinCo Property that is owned in fee simple by any member of the Ventas Group which is the insured (each, a “General Warranty Real Property”) under a real property title insurance policy (a “Pre-Existing Title Policy”) with respect to such SpinCo Property shall be or has been as part of the Plan of Reorganization conveyed by means of a warranty deed (which, in addition to the typical deed warranties, would also include an additional warranty to the effect of the following: “Grantor warrants to Grantee that there are no matters affecting the property that would cause a loss to, or result in a claim against, Grantee as to which matters Grantor has received insurance against such loss or claims by endorsement to its owner’s title insurance policy or which Grantor otherwise has received insurance against loss or claims under the terms of its owner’s title insurance policy”) to a member of the SpinCo Group subject to: (1) taxes not yet due and payable, (2) all matters shown on Schedule B of the Pre-Existing Title Policy, (3) all encumbrances and defects of title arising after the date of the Pre-Existing Title Policy that (x) were not created, caused or permitted by the named grantor or (y) do not have a material adverse effect on the operation of such General Warranty Real Property for its current use on the date the deed is executed and delivered (including, without limitation, the facility lease, if any), and (4) those matters set forth on the schedules to the assignments of leases and the assignments of instruments related to the applicable General Warranty Real Property. (b) Each document transferring the General Warranty Real Property to a member of the SpinCo Group (each such document, a “General Warranty Transfer Document”) shall state on the face thereof the following: “The warranties and covenants contained herein shall be solely for the benefit of and enforceable by Grantee hereunder and for no other party including heirs, successors and assigns of Grantee and under no circumstances shall such warranties and covenants be deemed to run with the real property conveyed by this instrument. Any claim against Grantor by Grantee shall be limited to the extent of any amounts recovered by Grantor under its title insurance policy on account of such claim.” (i) Without limiting the foregoing provisions of this Section 2.16(b), if any claim is made by any transferee (a “Grantee”) against a transferor (“Grantor”) as the result of any alleged breach of an...

Title Transfers. (a) The Client may elect, by prior written (or electronic) notice to Viterra, to effect an In Store Transfer of all or part of its Outturn Entitlement. (b) The Client agrees that the tonnage will only be calculated to two decimal places (rounded up/down) when an In StoreTransfer is effected. (c) Subject to this clause 7.11, the transferee under an In Store Transfer will be entitled to an Outturn without any further reduction for Shrinkage. (d) The transferor under an In Store Transfer will remain responsible for payment of all fees and charges in respect of Services provided up until the effective date of transfer. (e) Viterra may require In Store Transfers to take place at an individual weighnote level, in order to allow calculations of the value of the Grain to be ascertained between the transferor and transferee. (f) Viterra may refuse to process an In Store Transfer if the In-Store Transfer results in the transferor's Outturn Entitlement going into a negative position at any particular Viterra Facility. (g) For the purposes of accepting or rejecting an In Store Transfer, Viterra is entitled to rely on orders or instructions: (i) issued by email from the Client's domain address and purporting to have been sent by an authorised representative of the Client (or such authorised representatives as the Client may from time to time advise Viterra in writing); or (ii) executed via the Ezigrain web site as accessed through entry of the Client's security setting. (h) If Viterra has acted in accordance with this clause 7.11, the Client releases and holds Viterra harmless against any claim that a communication was not issued by the Client either at all or without authority and indemnifies Viterra against any Losses arising from such claims.

Title Transfers. Unless otherwise agreed, and notwithstanding the deci- sion in United States ▇. ▇▇▇▇▇▇, 102 U.S. 378 (1880), or any other law or ruling to the contrary, title to both the non-Fed- eral and Federal lands simultaneously shall pass and be deemed accepted by the United States and the non-Federal landowner, respectively, when the doc- uments of conveyance are recorded in the county clerk’s or other local re- ▇▇▇▇▇▇’▇ office. Before recordation, all instructions, requirements, and condi- tions set forth by the United States and the non-Federal landowner shall be met. The requirements and conditions necessary for recordation at a min- imum will include the following, as ap- propriate: (1) The determination by the author- ized officer that the United States will receive possession, acceptable to it, of such lands; and (2) The issuance of title evidence as of the date and time of recordation, which conforms to the instructions and requirements of the Office of the So- licitor’s preliminary title opinion.

Title Transfers. Unless otherwise agreed, and notwithstanding the decision in United States ▇. ▇▇▇▇▇▇, 102 U.S. 378 (1880), or any other law or ruling to the contrary, title to both the non-Federal and Federal lands pass simultaneously and are deemed accepted by the United States and the non-Federal landowner, respectively, when the documents of conveyance are recorded in the county clerk's or other local recorder's office. Before recordation, all instructions, requirements, and conditions set forth by the United States and the non-Federal landowner must be met. The minimum requirements and conditions necessary for recordation include the following, as appropriate: (1) The determination by the authorized officer that the United States will receive possession, acceptable to it, of such lands; (2) The issuance of title evidence as of the date of recordation which conforms to the instructions and requirements of the USDA Office of the General Counsel's preliminary title opinion; and

Title Transfers. [Complete Agreement] Union’s evidence described the operation and the manner in which title transfers are facilitated and charged for today and distinguished between in-franchise bundled title transfers and unbundled title transfers. Ex-franchise title transfers of gas arriving to Union’s system are facilitated through a title transfer volumetric fee of $0.003/GJ with a monthly cap of $1,800 per contract. The monthly cap is reduced to $850 in circumstances where the level of transactional business contracted by the customer with Union exceeds $5,000 per month per contract. In the circumstance where a bundled direct purchase customer has not proactively balanced the direct purchase contract within +/- 4% annually at contract renewal, a storage service not contemplated under the bundled service is effectively provided. In this situation, Union facilitates a bundled title transfer through a storage commodity withdrawal charge and the title transfer fee of $0.003/GJ. Parties expressed the following concerns with respect to the title transfer service: (a) amount of monthly title transfer cap (b) the justification for storage injection and withdrawal charges related to “in-storage” title transfers between unbundled customers In response to the concerns expressed by certain parties, Union agreed to amend the existing title transfer service (for title transfers occurring between unbundled customers) as follows: (a) the monthly title transfer cap will be set at the lowest existing monthly cap of $850/month per contract (b) Union will facilitate title transfers between unbundled customers in a manner which continues to respect the contractual storage injection and withdrawal parameters and to only charge the $0.003/GJ title transfer administration fee for in-storage title transfers (ie. no storage injection/withdrawal charge) The following parties agree with the settlement of this issue as outlined above: