Delivery. This Agreement may be executed in multiple counterparts (each of which shall be deemed an original, but all of which together shall constitute one and the same instrument). Signatures to this Agreement transmitted by facsimile transmission, by electronic mail in “portable document format” (.pdf) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, shall have the same effect as physical delivery of the paper document bearing the original signature.
Delivery. Not later than the fifth (5th) business day following the date of this Lease (the “Delivery Date”), [[Organization A:Organization]] shall deliver the Premises to [[Organization B:Organization]] in its “as is” condition. Failure of [[Organization A:Organization]] to deliver possession of the Premises by the Delivery Date, due to a holding over by a prior [[Organization B:Organization]] or any other cause beyond [[Organization A:Organization]]'s control shall not subject the [[Organization A:Organization]] to liability, except that for each day after the Delivery Date that [[Organization A:Organization]] does not deliver the Premises to [[Organization B:Organization]], the Commencement Date shall be extended by one (1) day. In addition, If the Delivery Date has not occurred by December 1, 2017, [[Organization B:Organization]] may elect to terminate this Lease upon written notice to [[Organization A:Organization]], in which case the Security Deposit and amount deposited in escrow for Liquidated Damages pursuant to [Section 37] shall be promptly returned to [[Organization B:Organization]]. On the date that [[Organization A:Organization]] actually delivers the Premises to [[Organization B:Organization]], [[Organization A:Organization]] shall deliver a written notice to [[Organization B:Organization]] memorializing such delivery.
Delivery. [[Organization A:Organization]] shall deliver all Products F.O.B. at [[Organization A:Organization]]’s shipping point for delivery to [[Organization B:Organization]]'s facility as specified in the Purchase Order. Title and risk of loss will transfer from [[Organization A:Organization]] to [[Organization B:Organization]] upon delivery of Product to [[Organization B:Organization]]’s shipment carrier. [[Organization B:Organization]] shall provide instruction on when the product is to be delivered, and how much product is to be picked up each month. The [[Organization B:Organization]] shall be responsible for shipping costs from the [[Organization A:Organization]]’s shipping point.
Delivery. As promptly as practicable after receipt of the Notice, the Investment Letter (if required) and payment, the Company shall deliver or cause to be delivered to the optionee certificates for the number of shares with respect to which such Option has been so exercised, issued in the optionees name; provided, however, that such delivery shall be deemed effected for all purposes when the Company or a stock transfer agent shall have deposited such certificates in the United States mail, addressed to the optionee, at the address specified in the Notice.
Delivery. All Product shall be delivered (as defined by Incoterms® 2020). Lonza shall deliver to Customer the Certificate of Analysis and such other documentation as is reasonably required to meet all applicable regulatory requirements of the Governmental Authorities not later than the date of delivery of Batches (the “Release”). . In addition, Lonza shall exercise reasonable commercial efforts and customary due diligence and care to ensure that Customer Supplier Raw Materials and Customer Product Components are stored in accordance with the Specifications, cGMPs, Quality Agreement and Customer’s instructions and protect these from theft, casualty, or other damage within Lonza’s reasonable control.
Delivery. As soon as practicable after the RSUs become vested, the Company shall deliver to Recipient the number of Shares underlying the RSUs. Notwithstanding the foregoing, if Recipient shall have made a valid election to defer receipt of the Shares underlying the RSUs pursuant to the terms of the Company’s Deferred Compensation Plan for Directors and Executives (the “DCP”), payment of the award shall be made in accordance with that election.
Delivery. The Obligors, the Agent and the Required Lenders shall have executed and delivered this Agreement.
Delivery. Time is of the essence of this Order. If Seller delivers (he goods later than scheduled, Buyer may assess the following amounts as liquidated damages for the delay period; provided however, if Seller is [ ] liquidated damages may be assessed. Where Seller is [ ], Seller shall pay to Buyer an amount equal to [ ] (LD Cap). For the avoidance of doubt, in determining any liquidated damages delay period, good deliveries pursuant to this Order shall be applied sequentially to the scheduled delivery dates on a first-in, first-out basis, with each good delivered allocated first to the earliest open scheduled good delivery date. The parties agree that the above amounts, arc for damages resulting from the delay period only; are a reasonable pre estimate of such damages Buyer will suffer as a result of delay based on circumstances existing at the time this Order was issued; and are to be assessed as liquidated damages and not as a penalty. In addition to the Liquidated Damages set forth above, Seller agrees to pay the costs actually incurred by the Buyer in transportation over and above normal transportation costs, up to a maximum of [ ], during the period of time starting [ ] after the delivery date. Except as otherwise set forth in the Supply Agreement, Buyers sole remedy for damages for late delivery during the delay period shall be limited to the receipt of the amount of the LD Cap from Seller until [ ] after the LD Cap has been reached after which Buyer may avail itself of any other remedies for breach that exist in this Order (including termination for Sellers breach of its delivery obligations). Notwithstanding anything herein to the contrary, and without limiting Buyers other rights herein, no liquidated damages shall apply to laic delivery during calendar year [ ]. All delivery designations are INCOTERMS 2010. Unless otherwise stated on the face of this Order, all goods provided under this Order shall be FCA Storage Yard. Notwithstanding the foregoing Incoterm, Seller shall not be responsible for clearing the goods for export.
Section # Counterparts. This Servicing Agreement may be executed in any number of counterparts, each of which counterparts shall be deemed to be an original, and such counterparts shall constitute but one and the same instrument. Delivery of an executed counterpart of a signature page of this Servicing Agreement by facsimile or other electronic means shall be effective as delivery of a manually executed counterpart of this Servicing Agreement.
Counterparts. This Agreement may be executed digitally, electronically and/or by facsimile, and may be transmitted digitally, electronically, and/or by facsimile, in any number of counterparts, each of which upon execution and delivery shall be considered an original for all purposes; provided, however, all such counterparts shall, together, upon execution and delivery, constitute one and the same instrument.
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