DELIVERY AND RETURN OF THE EQUIPMENT Sample Clauses

DELIVERY AND RETURN OF THE EQUIPMENT. 4.1 EquipmentShare will use all reasonable endeavours to deliver the Equipment to the Customer on the date listed in the Schedule, but the time of delivery shall not be treated as a condition of this Agreement. To the fullest extent permitted by law, and subject to clause 19.6(a) of this Agreement, EquipmentShare will not be liable in any way to the Customer or any other party for loss resulting from delay.
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DELIVERY AND RETURN OF THE EQUIPMENT. 4.1 Equipt will use all reasonable endeavours to deliver the Equipment to the Customer’s job site listed in the Order Form (Job Site) on the start date listed in the Order Form, but the time of delivery shall not be of the essence and Equipt will not be liable in any way to the Customer or any other party for any loss resulting from delay. The Customer must provide Equipt with reasonable and clear access to the Job Site to enable delivery of the Equipment.
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DELIVERY AND RETURN OF THE EQUIPMENT. The Equipment will be delivered and made available again at the place, time and manner determined on the Order Form/PO or as communicated to the Lessor in writing or verbally below. The delivery/return of the Equipment must be made in accordance with the Contractual Documents. If the Lessor does not clearly communicate where the Equipment has been delivered or delivers the Equipment to a location other than that the one included in the Order Form/PO, the Lessor will owe a penalty equal to once the daily price for the Equipment concerned. If the Lessor delivers the Equipment at a time other than that stated in the Order Form/PO, as a result of which the Lessee and/or other Parties on the Site are inconvenienced, the Lessor will owe a penalty equal to once the daily price for the Equipment concerned. The return takes place where the delivery took place at the commencement of the hiring. If the Equipment has been delivered to the Site or to another place outside the premises or depots of the Lessor, the Lessor will collect the Equipment there, considering the circumstances on the Site, ground pressures and height obstructions with the necessary safety precautions to be taken by the Lessor and with the adjacent properties. If the Equipment has been delivered to the Lessee in the premises or depots of the Lessor, the Lessee will return the Equipment to the premises or depots concerned. If the Lessor delivers or retrieves the Equipment at the Site, it declares to have visited the Site prior to the quotation and to be sufficiently aware of the situation on Site. He acknowledges that he is perfectly familiar with the Site, among other things regarding ground pressures and height obstacles, and that he has taken all possible problems into account when determining the Price, which is not subject to revision in more detail. If the Equipment is delivered and/or collected at the Site by the Lessor, the Lessor will be responsible for the unloading, loading, erection, assembly and dismantling of the Equipment at the Site.
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DELIVERY AND RETURN OF THE EQUIPMENT. 4.1 EquipmentShare will use all reasonable endeavours to deliver the Equipment to the Customer’s job site listed in the Order Form (Job Site) on the start date listed in the Order Form, but the time of delivery shall not be of the essence and EquipmentShare will not be liable in any way to the Customer or any other party for any loss resulting from delay. The Customer must provide EquipmentShare with reasonable and clear access to the Job Site to enable delivery of the Equipment.
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DELIVERY AND RETURN OF THE EQUIPMENT. 7.1 Delivery of the Equipment and/or Services (“Delivery”) is taken to occur at the time that WWS (or WWS’ nominated carrier) delivers the Equipment and/or Services (in the case of Equipment, where it is installed and hand-over certificate is issued, where applicable) to the Client’s nominated address, even if the Client is not present at the address. In the event the Client (or a representative thereof) is not present at the time of Delivery, WWS’ delivery docket remains prima facie evidence of such.
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DELIVERY AND RETURN OF THE EQUIPMENT. Title to the equipment that is subject to this agreement shall remain with the Lender. The equipment shall be returned no later than the end date identified above.
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DELIVERY AND RETURN OF THE EQUIPMENT. Unless the one dollar buyout option is exercised, Each Item will be delivered to Lessee at such place as Lessee specifies. Upon expiration or termination of this Lease. Lessee, at its own risk, shall return each item promptly to Lessor at the location specified by Lessor within the continental United States in the same condition as when delivered, ordinary wear and tear excepted, and in a condition eligible for a standard manufacturers maintenance agreement without additional cost. All transportation, local drayage, rigging and installation charges upon each Item both on delivery to the Lessee and re-delivery to the Lessor are to be paid by Lessee. Lessor shall in no way be liable to Lessee for delays in delivery beyond its reasonable control.
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Related to DELIVERY AND RETURN OF THE EQUIPMENT

  • Environmental Compliance and Reports Borrower shall comply in all respects with any and all Environmental Laws; not cause or permit to exist, as a result of an intentional or unintentional action or omission on Borrower's part or on the part of any third party, on property owned and/or occupied by Borrower, any environmental activity where damage may result to the environment, unless such environmental activity is pursuant to and in compliance with the conditions of a permit issued by the appropriate federal, state or local governmental authorities; shall furnish to Lender promptly and in any event within thirty (30) days after receipt thereof a copy of any notice, summons, lien, citation, directive, letter or other communication from any governmental agency or instrumentality concerning any intentional or unintentional action or omission on Borrower's part in connection with any environmental activity whether or not there is damage to the environment and/or other natural resources. Additional Assurances. Make, execute and deliver to Lender such promissory notes, mortgages, deeds of trust, security agreements, assignments, financing statements, instruments, documents and other agreements as Lender or its attorneys may reasonably request to evidence and secure the Loans and to perfect all Security Interests.

  • Maintaining Records; Access to Properties and Inspections; Maintenance of Ratings (a) Keep proper books of record and account in which full, true and correct entries in conformity with GAAP and all requirements of law are made of all dealings and transactions in relation to its business and activities. Each Loan Party will, and will cause each of its subsidiaries to, permit any representatives designated by the Administrative Agent or any Lender to visit and inspect the financial records and the properties of such Person at reasonable times and as often as reasonably requested and to make extracts from and copies of such financial records, and permit any representatives designated by the Administrative Agent or any Lender to discuss the affairs, finances and condition of such Person with the officers thereof and independent accountants therefor.

  • Access to Properties and Records (a) CCE shall, and shall cause TPC to, afford to ETP and ETP’s accountants, counsel and representatives full reasonable access during normal business hours throughout the period prior to the Closing Date (or the earlier termination of this Agreement pursuant to Article VII hereof) to all of the properties, books, contracts, commitments and records (including all environmental studies, reports and other environmental records and all pipeline cost-of-service and rate-related studies, reports and records related to TPC and, during such period, shall furnish to ETP all information concerning the business, properties, Liabilities and personnel related to TPC as ETP may request, provided, however, that no investigation or receipt of information pursuant to this Section 5.2 shall affect any representation or warranty of CCE or the conditions to the obligations of ETP. To the extent not located at the offices or properties of TPC as of the Closing Date, as promptly as practicable thereafter, CCE shall deliver, or cause its appropriate Affiliates to deliver to ETP all of the books of accounts, minute books, record books and other records (including safety, health, environmental, maintenance and engineering records and drawings) pertaining to the business operations of TPC and all financial and accounting records related to TPC. Such delivery shall include all work papers, pleadings, testimony, exhibits, spread sheets, research, drafts, memoranda, correspondence and other documents related to the TPC Rate Case (“TPC Rate Case Work Product”). TPC Rate Case Work Product has been and will be prepared in contemplation of litigation, and the use of TPC Rate Case Work Product has been and will be under the control of TPC’s attorneys. Notwithstanding anything to the contrary contained in this Agreement, CCE shall not be obligated to provide to ETP any documents or records relating to litigation and regulatory matters in which TPC is involved to the extent that CCE reasonably believes such documents or records are subject to the attorney-client or other applicable privilege in circumstances in which TPC is not the sole client unless the parties entitled to such attorney-client or other applicable privilege shall consent thereto and enter into an appropriate joint defense agreement for the purpose of preservation of such attorney-client or other applicable privilege.

  • Maintaining Records; Access to Properties and Inspections; Annual Meetings (a) Keep proper books of record and account in which full, true and correct entries in conformity with GAAP and all Requirements of Law are made of all dealings and transactions in relation to its business and activities. Each Company will permit any representatives designated by the Administrative Agent or any Lender to visit and inspect the financial records and the property of such Company at reasonable times and as often as reasonably requested and to make extracts from and copies of such financial records, and permit any representatives designated by the Administrative Agent or any Lender to discuss the affairs, finances, accounts and condition of any Company with the officers and employees thereof and advisors therefor (including independent accountants).

  • Authority; Compliance With Other Agreements and Instruments and Government Regulations The execution and delivery by Borrower of the Loan Documents to which it is a Party and payment of the Obligations have been duly authorized by all necessary corporate or company action, as applicable, and do not and will not:

  • Maintaining Records; Access to Properties and Inspections Maintain financial records in accordance with GAAP and, upon reasonable notice, permit any representatives designated by the Administrative Agent or any Lender to visit and inspect the financial records and the properties of the Borrower or any Significant Subsidiary during normal business hours and to discuss the affairs, finances and condition of the Borrower or any Significant Subsidiary with the officers thereof and independent accountants therefor.

  • Inspection and Reporting Each Grantor shall permit the Collateral Agent, or any agent or representatives thereof or such attorneys, accountant or other professionals or other Persons as the Collateral Agent may designate (at Grantors’ sole cost and expense) (i) to examine and make copies of and abstracts from any Grantor’s Records and books of account, (ii) to visit and inspect its properties, (iii) to verify materials, leases, Instruments, Accounts, Inventory and other assets of any Grantor from time to time, and (iv) to conduct audits, physical counts, appraisals, valuations and/or examinations at the locations of any Grantor. Each Grantor shall also permit the Collateral Agent, or any agent or representatives thereof or such attorneys, accountants or other professionals or other Persons as the Collateral Agent may designate to discuss such Grantor’s affairs, finances and accounts with any of its directors, officers, managerial employees, attorneys, independent accountants or any of its other representatives. Without limiting the foregoing, the Collateral Agent may, at any time, in the Collateral Agent’s own name, in the name of a nominee of the Collateral Agent, or in the name of any Grantor communicate (by mail, telephone, facsimile or otherwise) with the Account Debtors of such Grantor, parties to contracts with such Grantor and/or obligors in respect of Instruments or Pledged Debt of such Grantor to verify with such Persons, to the Collateral Agent’s satisfaction, the existence, amount, terms of, and any other matter relating to, Accounts, Instruments, Pledged Debt, Chattel Paper, payment intangibles and/or other receivables.

  • Access to Information Concerning Properties and Records During the period commencing on the date hereof and ending on the earlier of (i) the Closing Date and (ii) the date on which this Agreement is terminated pursuant to Section 9.1 hereof, each of the Company and Parent shall, and each shall cause each of its Subsidiaries to, upon reasonable notice, afford the other party, and its respective counsel, accountants, consultants and other authorized representatives, access during normal business hours to its and its Subsidiaries' employees, properties, books and records in order that they may have the opportunity to make such investigations as they shall desire of its and its Subsidiaries' affairs; such investigation shall not, however, affect the representations and warranties made by the Company or Parent in this Agreement. The Company shall furnish promptly to Parent and Merger Sub and Parent and Merger Sub shall furnish promptly to the Company (x) a copy of each form, report, schedule, statement, registration statement and other document filed by it or its Subsidiaries during such period pursuant to the requirements of Federal, state or foreign securities laws and (y) all other information concerning its or its Subsidiaries' business, properties and personnel as Parent, Merger Sub or the Company may reasonably request. Each of the Company and Parent agrees to cause its officers and employees to furnish such additional financial and operating data and other information and respond to such inquiries as the other party shall from time to time reasonably request.

  • Title to Properties and Related Matters (a) Except as set forth on Schedule 3.10(a), the Company has good and valid title to all material personal property, tangible or intangible, which the Company purports to own, including the properties reflected on the Balance Sheet or acquired after the date thereof (other than properties and assets sold or otherwise disposed of in the ordinary course of business and consistent with past practice since June 30, 1999), free and clear of any claims, liens, pledges, security interests or encumbrances of any kind whatsoever (other than (i) purchase money security interests and common law vendor's liens, in each case for goods purchased on open account in the ordinary course of business and having a fair market value of less than $5,000 in each individual case), (ii) liens for Taxes not yet due and payable, and (iii) such imperfections of title and encumbrances, if any, that are not material in character, amount or extent and that do not materially detract from the value, or materially interfere with the use of, the property subject thereto or affected thereby.

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