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. 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. Landlord shall deliver the Expansion Premises to Tenant in vacant, broom clean condition and otherwise in substantially the same condition in which the Expansion Premises are in as of the date of this First Amendment excluding any personal property of Omniox (except to the extent that Tenant or any Tenant Party is responsible for any changes in such condition of the Expansion Premises) (Delivery or Deliver) on or before the Target Expansion Premises Commencement Date. The Target Expansion Premises Commencement Date shall be November 1, 2015. If Landlord fails to timely Deliver the Expansion Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this First Amendment shall not be void or voidable except as provided herein. If Landlord does not Deliver the Expansion Premises within 90 days of the Target Expansion Premises Commencement Date for any reason other than Force Majeure delays, then the Lease with respect to the Expansion Premises only may be terminated by Tenant by written notice to Landlord, and if so terminated by Tenant: # the additional Security Deposit delivered pursuant to Section 7 of this First Amendment, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of the Lease), shall be returned to Tenant, and # neither Landlord nor
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. [[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. 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.
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.
Access to Premises. From time to time as requested by Administrative Agent, at the cost and expense of Borrowers, # Administrative Agent or its designee shall have complete access to all of each Borrower’s and Guarantor’s premises during normal business hours and after notice to Lead Borrower, or at any time and without notice to Lead Borrower if an Event of Default exists or has occurred and is continuing, for the purposes of inspecting, verifying and auditing the Collateral and all of each Borrower’s and Guarantor’s books and records, including the Records (and at any time an Event of Default exists or has occurred and is continuing, a representative of one Lender may accompany Administrative Agent or its designee), and # each Borrower and Guarantor shall promptly furnish to Administrative Agent such copies of such books and records or extracts therefrom as Administrative Agent may request, and Administrative Agent or any Lender or Administrative Agent’s designee may use during normal business hours such of any Borrower’s and Guarantor’s personnel, equipment, supplies and premises as may be reasonably necessary for the foregoing and if an Event of Default exists or has occurred and is continuing for the collection of Receivables and realization of other Collateral. Administrative Agent shall not conduct more than # one (1) field examination with respect to the Collateral in any twelve (12) month period at the expense of Borrowers so long as Excess Availability shall be greater than or equal to the amount equal to twenty (20%) percent of the Total Borrowing Base, and # two (2) field examinations with respect to the Collateral in
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