Delivery and Redelivery. The Lender shall transfer the Borrowed Shares to such VPS account as instructed by the Company on the date of this Agreement. Redelivery of Borrowed Shares to BW Group shall be in the form of new common shares to be issued by the Company in a number equal to the number of Borrowed Shares (the “New Shares”). The New Shares shall be subscribed for at par value, i.e. USD 0.01 per New Share. The subscription amount of USD 34,315.77 shall be deemed to be paidby set-off against the fee to be paid by the Company to BW Group as set out in Clause 4 below. The Company undertakes to redeliver the Borrowed Shares to the Lender as soon as practically possible and in no event later than 30 September 2022. BW Group hereby subscribes for any New Shares required to enable the Company to redeliver the Borrowed Shares in a timely manner without having to acquire shares in the market or reducing its ability to deliver shares under LTIP 2019, and BW Group agrees to take the New Shares subject to the memorandum of association and bye-laws of the Company and authorises the Company to enter its name and address in the register of members of the Company in respect of such New Shares.
Delivery and Redelivery. The Charterer, as bareboat charter operator of the Vessel before entry and inception of this Charter, is fully aware of the Vessel’s condition. The Charterer agrees that the Vessel’s condition is acceptable in every respect whatsoever and that the Vessel is in full compliance with this Charter. Accordingly, the Vessel shall be deemed delivered and taken over strictly “as is, where is” and, notwithstanding any term, condition, representation or warranty whatsoever (whether express or implied) to the contrary, the Charterer shall not have or assert (and hereby waives) all claims whatsoever against the Owner, whether known or unknown, suspected or unsuspected, accrued or unaccrued, with respect to the Vessel. The Charterer acknowledges and agrees that all conditions and recommendations of class shall be removed before the Vessel is redelivered to the Owner if it is not purchased pursuant to Part I Clause 7(f) of the Bareboat Charter. If any latent defect, deficiency or non-conformity should appear or arise during the Charter Term, the Charterer shall repair or replace the same at its cost and in its time. The Charterer agrees that the Owner shall not have any liability whatsoever to the Charterer if the Vessel should prove to be unsuitable for the Charterer’s purposes for any reason whatsoever, or if the Vessel should cease to be available to the Charterer for any reason whatsoever except where the Charterer is deprived of the use of the Vessel by an independent breach of this Charter by the Owner. At the end of the Charter Term the Charterer shall redeliver the Vessel to the Owner at the place of redelivery specified in Part I.
Delivery and Redelivery. (a) Company shall accept and pay for the Delivery Bunkers at the Fuel Price and amounts owed under this Clause 7.1(a) shall be separately itemised in the first Monthly Invoice issued after Acceptance (if it occurs).
Delivery and Redelivery. Delivery and redelivery of the Aircraft by one party to the other party shall be made at Westchester County Airport in New York or Xxxxxxx International Airport in New Windsor, New York; provided, however, the delivery and/or re-delivery may be made at such other airport as the parties may agree. Lessee shall not enter into any lease or sublease or other occupancy agreement relating to hangar space for the Aircraft that has a term that ends after January 31, 2014. If Lessee shall enter into a new lease, sublease or other arrangement relating to hangar space for the Aircraft (a “New Hangar Lease”) the amount of the payments under such New Hangar Lease in excess of $105,600 per annum shall not be included in the cost threshold set forth in Section 4.3(d)(ii)(x) herein. If the Lessee terminates this Agreement for any reason, other than by reason of a default by Lessor as provided in Section 9.2 below, Lessee shall be responsible for all costs and expenses in connection with the New Hanger Lease in excess of the amount due for one month under the Lessor’s lease at Xxxxxxx Airport in effect as of the date of this Agreement (which amount Lessor shall be responsible for).
Delivery and Redelivery. (a) Charterer shall accept and pay for all bunkers (which shall include fuel oil, diesel oil and gas oil) and LNG Heel on board at the time of delivery at the respective Fuel Price and LNG Price. Amounts owed under this Clause 7.1 shall be included in the first Monthly Hire Invoice issued after the Delivery Date, which shall separately identify the amount payable for fuels on such Monthly Hire Invoice.
Delivery and Redelivery. Delivery and redelivery of the Aircraft by one party to the other party shall be made at Xxxxxxx International Airport in New Windsor, New York; provided, however, the delivery and/or re-delivery may be made at such other airport as the parties may agree. 2.3
Delivery and Redelivery. The Vessel shall be delivered to Sub-Charterer by Intracoastal Marine, LLC upon commencement of the Charter term at the Delivery Location contained the Specifications, or at such location as may be otherwise agreed. Sub-Charterer shall have the absolute and unconditional duty and obligation to redeliver the Vessel in accordance with, and subject to the provisions in this Charter Party respecting redelivery at the expiration of the Charter Term at the Redelivery Location set forth in the Specifications, or at such location as may be otherwise agreed unless the Vessel shall have become a total loss, actual or constructive, and Intracoastal Marine, LLC shall have been paid in full. If the Vessel becomes an actual total loss or is declared to be a constructive total loss under the terms of any insurance policy, Intracoastal Marine, LLC shall within ten (10) days following receipt of a written request from Sub-Charterer or from interested underwriters, forthwith tender a Notice of Abandonment of the Vessel. From the date the request for Intracoastal Marine, LLC's Notice of Abandonment is received by Sub-Charterer, Sub-Charterer's obligation for the payment of further hire shall terminate.
Delivery and Redelivery. The OWNER shall deliver the Vessel on the Charter day to the Place of Delivery and the CHARTERER shall take delivery in full commission and working order. The Vessel shall be insured, seaworthy, clean, in good condition and ready for service, with full equipment, including up-to-date safety and lifesaving equipment, as required by the Vessel’s registration authority and fitted out as appropriate for a Vessel of her size and type and enabling the CHARTERER to use the Vessel as set out in Clause 10. The OWNER does not warrant her use and comfort in bad weather conditions for all cruises or passages within the Cruising Area. The CHARTERER shall re-deliver the Vessel at the Place of Re-Delivery in as good a condition as when delivery was taken. In case of delay by the CHARTERER to redeliver the Vessel due to intentional delay or change of itinerary against the Captain’s advice, the CHARTERER shall pay to the OWNER via the Broker/Stakeholder’s Account demurrage at the daily rate plus 50% of the daily rate. The CHARTERER shall be liable for all operating costs and indemnify the OWNER for any loss or damage which the OWNER shall suffer by reason of deprivation of use or cancellation of, or delay in delivery under any subsequent charter of the Vessel. CLAUSE 3 MAX NBR OF PERSONS / CHILDREN / HEALTH OF THE CHARTERER’S PARTY
Delivery and Redelivery. The OWNER agrees to deliver the yacht in full commission and in proper working order, outfitted as a yacht of her size, type and accommodations, with full equipment, inclusive of that required by law, and fully furnished, including galley and dining utensils and blankets, staunch, clean and in good condition throughout and ready for service. Nevertheless, should it be impossible for the OWNER to make delivery as stipulated through causes beyond his control and should such delivery be not made within two (2) days thereafter, then this Agreement may be canceled by the CHARTERER and any charter money paid in advance shall be returned to him, which shall be CHARTERER'S sole remedy. The CHARTERER agrees to redeliver the yacht, her equipment and furnishings, free and clear of any indebtedness incurred for the CHARTERER'S account, at the expiration of this charter, to the OWNER, at his dock in as clean a state as when delivery was taken, ordinary wear and tear excepted. If the yacht is not redelivered in a clean condition, CHARTERER will be charged $250.00 for cleaning, which will be deducted from security and damage deposit. The CHARTERER is responsible for allowing sufficient time for redelivery, but should it be impossible for the CHARTERER to make redelivery of the yacht as stipulated, he shall immediately notify OWNER, and he shall pay such demurrage pro rata to the OWNER for the time that such redelivery is delayed, and in addition thereto shall pay all costs of such redelivery, if any, except in the event of total loss to such yacht, in which event the rights and obligations of the parties shall be determined by other provisions of this Agreement.
Delivery and Redelivery. 1. Upon delivery of the bicycle, the Customer and the Service Provider will verify the status.
