Common use of Trials Clause in Contracts

Trials. (a) When construction, fitting out and testing of the Vessel have been substantially completed, the Builder shall carry out in strict compliance with the Specifications, all cryogenic trials, gas trials, sea trials, tests and commissioning of the various machinery and equipment which are detailed for subsequent vessels as specified in the Specifications so as to demonstrate that such machinery and equipment are in accordance with the requirements of the Specifications, and shall further demonstrate that the Vessel and all systems function properly. The Builder shall notify the Buyer at least two (2) weeks prior to the trial dates that the Vessel shall be ready for its trials, and the Buyer shall promptly acknowledge receipt of said notices, and said trials shall be carried out in accordance with this Article XVII and the Specifications at the Builder’s sole risk and expense, but in the presence of the Surveyor and the Representatives, in order to ascertain whether said Vessel complies with this Contract. The Builder shall provide fifteen (15) berths on board the Vessel for the Buyer’s Representatives during trials. The said trials shall be carried out regardless of whether or not the Representatives attend. Failure of the Buyer and/or its Representative to attend said trials of the Vessel, after due notice to the Buyer as provided herein, shall be deemed to be a waiver by the Buyer of its right to have the Buyer and/or its Representative on board the Vessel at the trials. In such case, the Buyer shall accept the results of the trials on the basis of the Builder’s statement, certified by the Classification Society. The Builder shall be responsible for all acts or omissions (whether negligent or not) of its employees or representatives, including its officers, crew and pilots, or any compulsory pilots or inspectors required for the trials. The said trials shall be conducted in accordance with the Specifications. Unless the said trials reveal deficiency(ies) and/or failures and therefore valid complaints as to the fulfillment of this Contract, the Vessel shall be delivered as provided for in Article V.

Appears in 6 contracts

Samples: Novation Agreement (GasLog Ltd.), Novation Agreement (GasLog Ltd.), Novation Agreement (GasLog Ltd.)

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Trials. (a) When construction, fitting out and testing of the Vessel have been substantially completed, the Builder shall carry out in strict compliance with the Specifications, all cryogenic trials, gas trials, sea trials, tests and commissioning of the various machinery and equipment which are detailed for subsequent vessels Vessels as specified in the Specifications so as to demonstrate that such machinery and equipment are in accordance with the requirements of the Specifications, and shall further demonstrate that the Vessel and all systems function properly. The Builder shall notify the Buyer at least two (2) weeks prior to the trial dates that the Vessel shall be ready for its trials, and the Buyer shall promptly acknowledge receipt of said notices, and said trials shall be carried out in accordance with this Article XVII and the Specifications at the Builder’s sole risk and expense, but in the presence of the Surveyor and the Representatives, in order to ascertain whether said Vessel complies with this Contract. The Builder shall provide fifteen (15) berths on board the Vessel for the Buyer’s Representatives during trials. The said trials shall be carried out regardless of whether or not the Representatives attend. Failure of the Buyer and/or its Representative to attend said trials of the Vessel, after due notice to the Buyer as provided herein, shall be deemed to be a waiver by the Buyer of its right to have the Buyer and/or its Representative on board the Vessel at the trials. In such case, the Buyer shall accept the results of the trials on the basis of the Builder’s statement, certified by the Classification Society. The Builder shall be responsible for all acts or omissions (whether negligent or not) of its employees or representatives, including its officers, crew and pilots, or any compulsory pilots or inspectors required for the trials. The said trials shall be conducted in accordance with the Specifications. Unless the said trials reveal deficiency(ies) and/or failures and therefore valid complaints as to the fulfillment of this Contract, the Vessel shall be delivered as provided for in Article V.

Appears in 4 contracts

Samples: Shipbuilding Contract (GasLog Ltd.), Novation Agreement (GasLog Ltd.), Novation Agreement (GasLog Ltd.)

Trials. (a) When construction, fitting out and testing of the Vessel have been substantially completed, the Builder shall carry out in strict compliance with the Specifications, Specifications all cryogenic trials, gas trials, sea trials, tests and commissioning of the various machinery and equipment which are detailed for subsequent vessels as specified in the Specifications so as to demonstrate that such machinery and equipment are in accordance with the requirements of the Specifications, and shall further demonstrate that the Vessel and all systems function properly. The Builder shall notify the Buyer at least two fifteen (215) weeks days prior to the trial dates date that the Vessel shall be ready for its trials, trials and the Buyer shall promptly acknowledge receipt of said noticessuch notice, and said trials shall be carried out (on the date set forth in accordance with this Article XVII said notice, in the open sea and the Specifications at the Builder’s 's sole risk and expense, but in the presence of the Surveyor and the RepresentativesRepresentative), in order to ascertain whether said Vessel complies with this Contract. The Builder shall provide fifteen five (155) berths on board the Vessel for the Buyer’s Representatives 's representatives during sea trials. The said trials shall be carried out regardless of whether the Representative should attend or not the Representatives attend. Failure of the Buyer and/or its Representative to attend said trials of the Vessel, after due notice to the Buyer as provided herein, shall be deemed to be a waiver by the Buyer of its right to have the Buyer and/or its Representative on board the Vessel at the trials. In such case, the Buyer shall accept the results of the trials on the basis of the Builder’s statement, certified by the Classification Societydate set forth in said notice. The Builder shall be responsible for all acts or omissions (whether negligent or not) of its employees or representatives, including its officers, crew and pilots, or any compulsory pilots or inspectors required for the trials. The said trials shall be conducted in accordance with the Specifications. Unless the said trials reveal deficiency(ies) and/or failures and therefore valid complaints as to the fulfillment of this Contract, the Vessel shall be delivered as provided for in Article V.IV. Failure of the Buyer and/or its Representative to attend the said trials of the Vessel, after due notice to the Buyer as provided herein, shall be deemed to be a waiver by the Buyer of its right to have the Buyer and/or its Representative on board the Vessel at the trials. In such case, the Buyer shall accept the Vessel on the basis of the Builder's statement that the Vessel, upon completion of the trials is found to conform to this Contract and the Specifications.

Appears in 2 contracts

Samples: Shipbuilding Contract (Golden State Petro Iom I B PLC), Shipbuilding Contract (Golden State Petro Iom I B PLC)

Trials. (a) When construction, fitting out and testing None of the Vessel Company’s product candidates have been substantially completedreceived marketing approval from any Applicable Regulatory Authority. All clinical and pre-clinical studies and trials conducted by or on behalf of or sponsored by the Company, or in which the Company has participated, with respect to the Company’s product candidates, including any such studies and trials that are described in the Registration Statement, the Builder shall carry out in strict compliance with Time of Sale Prospectus and the SpecificationsProspectus, all cryogenic trials, gas trials, sea trials, tests and commissioning or the results of the various machinery and equipment which are detailed for subsequent vessels as specified referred to in the Specifications so Registration Statement, the Time of Sale Prospectus and the Prospectus, as to demonstrate that such machinery applicable (collectively, “Company Trials”), were, and equipment are if still pending are, being conducted in all material respects in accordance with the requirements all applicable Health Care Laws of the SpecificationsApplicable Regulatory Authorities and current Good Clinical Practices, standard medical and shall further demonstrate that scientific research procedures and any applicable rules, regulations and policies of the Vessel jurisdiction in which such trials and all systems function properly. The Builder shall notify studies are being conducted; the Buyer at least two (2) weeks prior to descriptions in the trial dates that Registration Statement, the Vessel shall be ready for its trials, Time of Sale Prospectus and the Buyer shall promptly acknowledge receipt Prospectus of said notices, and said trials shall be carried out in accordance with this Article XVII and the Specifications at the Builder’s sole risk and expense, but in the presence of the Surveyor and the Representatives, in order to ascertain whether said Vessel complies with this Contract. The Builder shall provide fifteen (15) berths on board the Vessel for the Buyer’s Representatives during trials. The said trials shall be carried out regardless of whether or not the Representatives attend. Failure of the Buyer and/or its Representative to attend said trials of the Vessel, after due notice to the Buyer as provided herein, shall be deemed to be a waiver by the Buyer of its right to have the Buyer and/or its Representative on board the Vessel at the trials. In such case, the Buyer shall accept the results of any Company Trials are accurate and complete descriptions in all material respects and fairly present the data derived therefrom; the Company has no knowledge of any other studies or trials on not described in the basis Registration Statement, the Time of Sale Prospectus and the Prospectus, the results of which are inconsistent with or call into question the results described or referred to in the Registration Statement, the Time of Sale Prospectus and the Prospectus; the Company has operated at all times and is currently in compliance in all material respects with all applicable Health Care Laws of the BuilderApplicable Regulatory Authorities; the Company has not received, nor does the Company have knowledge after due inquiry that any of its collaboration partners have received any written notices, correspondence or other communications from the Applicable Regulatory Authorities or any other governmental entity requiring or threatening the termination, material modification or suspension of Company Trials, other than ordinary course communications with respect to modifications in connection with the design and implementation of such studies or trials, and, to the Company’s statementknowledge, certified there are no reasonable grounds for the same. No investigational new drug application or comparable submission filed by or on behalf of the Company with the FDA has been terminated or suspended by the Classification SocietyFDA or any other Applicable Regulatory Authority. The Builder shall Company has obtained (or caused to be responsible for all acts obtained) informed consent by or omissions (whether negligent on behalf of each human subject who participated in a Company Trial. In using or not) of its employees or representatives, including its officers, crew and pilots, or any compulsory pilots or inspectors required for disclosing patient information received by the trials. The said trials shall be conducted Company in accordance connection with the Specifications. Unless the said trials reveal deficiency(ies) and/or failures and therefore valid complaints as to the fulfillment of this Contracta Company Trial, the Vessel shall be delivered Company has complied in all material respects with all applicable laws and regulatory rules or requirements, including, without limitation, HIPAA and the rules and regulations thereunder. To the Company’s knowledge, none of the Company Trials involved any investigator who has been disqualified as provided for a clinical investigator or has been found by the FDA to have engaged in Article V.scientific misconduct.

Appears in 1 contract

Samples: Underwriting Agreement (Synthorx, Inc.)

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Trials. (a) When construction, fitting out and testing None of the Vessel Company’s product candidates have been substantially completedreceived marketing approval from any Applicable Regulatory Authority. All clinical and pre-clinical studies and trials conducted by or on behalf of or sponsored by the Company, or in which the Company or has participated, with respect to the Company’s product candidates, including any such studies and trials that are described in the Registration Statement, the Builder shall carry out in strict compliance with Time of Sale Prospectus and the SpecificationsProspectus, all cryogenic trials, gas trials, sea trials, tests and commissioning or the results of the various machinery and equipment which are detailed for subsequent vessels as specified referred to in the Specifications so Registration Statement, the Time of Sale Prospectus and the Prospectus, as to demonstrate that such machinery applicable (collectively, “Company Trials”), were, and equipment are if still pending are, being conducted in all material respects in accordance with the requirements all applicable Health Care Laws of the SpecificationsApplicable Regulatory Authorities and current Good Clinical Practices and Good Laboratory Practices, standard medical and shall further demonstrate that scientific research procedures and any applicable rules, regulations and policies of the Vessel jurisdiction in which such trials and all systems function properly. The Builder shall notify studies are being conducted; the Buyer at least two (2) weeks prior to descriptions in the trial dates that Registration Statement, the Vessel shall be ready for its trials, Time of Sale Prospectus and the Buyer shall promptly acknowledge receipt Prospectus of said notices, and said trials shall be carried out in accordance with this Article XVII and the Specifications at the Builder’s sole risk and expense, but in the presence of the Surveyor and the Representatives, in order to ascertain whether said Vessel complies with this Contract. The Builder shall provide fifteen (15) berths on board the Vessel for the Buyer’s Representatives during trials. The said trials shall be carried out regardless of whether or not the Representatives attend. Failure of the Buyer and/or its Representative to attend said trials of the Vessel, after due notice to the Buyer as provided herein, shall be deemed to be a waiver by the Buyer of its right to have the Buyer and/or its Representative on board the Vessel at the trials. In such case, the Buyer shall accept the results of any Company Trials are accurate and complete descriptions in all material respects and fairly present the data derived therefrom; the Company has no knowledge of any other studies or trials on not described in the basis Registration Statement, the Time of Sale Prospectus and the Prospectus, the results of which are inconsistent with or call into question the results described or referred to in the Registration Statement, the Time of Sale Prospectus and the Prospectus; the Company has operated at all times and are currently in compliance in all material respects with all applicable Health Care Laws of the BuilderApplicable Regulatory Authorities; the Company has not received, nor does the Company have knowledge after due inquiry that any of its collaboration partners have received any written notices, correspondence or other communications from the Applicable Regulatory Authorities or any other Governmental Entity requiring or threatening the termination, material modification or suspension of Company Trials, other than ordinary course communications with respect to modifications in connection with the design and implementation of such studies or trials, and, to the Company’s statementknowledge, certified there are no reasonable grounds for the same. No investigational new drug application or comparable submission filed by or on behalf of the Company with the FDA has been terminated or suspended by the Classification Society. The Builder shall be responsible for all acts or omissions (whether negligent or not) of its employees or representatives, including its officers, crew and pilots, FDA or any compulsory pilots or inspectors required for other Applicable Regulatory Authority. To the trials. The said trials shall be conducted in accordance with the Specifications. Unless the said trials reveal deficiency(ies) and/or failures and therefore valid complaints as to the fulfillment of this ContractCompany’s knowledge, the Vessel shall Company has obtained (or caused to be delivered obtained) informed consent by or on behalf of each human subject who participated in a Company Trial. In using or disclosing patient information received by the Company in connection with a Company Trial, the Company has complied in all material respects with all applicable laws and regulatory rules or requirements, including, without limitation, HIPAA and the rules and regulations thereunder. To the Company’s knowledge, none of the Company Trials involved any investigator who has been disqualified as provided for a clinical investigator or has been found by the FDA to have engaged in Article V.scientific misconduct.

Appears in 1 contract

Samples: Underwriting Agreement (Menlo Therapeutics, Inc.)

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