DELIVERY AND COMPLETION Clause Samples

DELIVERY AND COMPLETION. (a) Unless stated otherwise in this Contract, Goods must be delivered Delivery Duty Paid (Incoterms 2010) to the Delivery Location. The Supplier shall complete the delivery of the Goods and performance of any Services in accordance with the times or milestones specified in this Contract. (b) The Supplier will package and protect the Goods to the extent necessary in order to allow for the safe loading, transport and unloading of the Goods at the Delivery Location, including complying with any packaging and shipping specifications included in this Contract. (c) Partial shipments are not permitted unless otherwise agreed to in writing by Moose Jaw.

DELIVERY AND COMPLETION. 10.1. Except where this Agreement provides otherwise, the Supplier is responsible for ensuring that the Goods are properly packed and delivered by the date/s and/or time/s the Goods are required as specified in the Purchase Order and to the delivery address/es or Site/s as specified in the Purchase Order. If no time or place is specified in the Purchase Order, the Parties will use reasonable endeavours to agree such detail and, failing agreement, the delivery point will be the nearest branch office of the Company and the delivery time will be during normal business hours at that branch, subject to the Supplier giving the Company not less than 2 business days’ prior written notice of delivery. 10.2. The Supplier must immediately notify the Company of the date and time of each dispatch of Goods, including the Purchase Order number and quantity and description of Goods dispatched and the expected date and time of arrival. 10.3. Unless otherwise stated in the Purchase Order, any packaging materials become the Company’s property at the same time as the Goods. 10.4. The Supplier must comply with all applicable laws, regulations and generally accepted industry standards relating to the packing, packaging, marking, storage, handling, delivery and supply of the Goods. The Supplier must obtain and maintain any relevant government authorisations required in relation to the sourcing or supply of the Goods and comply with (and ensure the Goods comply with) any Site-specific specifications The Supplier must provide the Company with all necessary documentation evidencing compliance with this clause. 10.5. Unless otherwise specified in the Purchase Order, the Supplier must deliver the Goods at its cost and must either supply or engage all required delivery Personnel and equipment and provide all supervision necessary for the delivery of the Goods. In delivering the Goods, the Supplier must comply with clauses 5.1(a) to 5.1(j) as if such delivery were a Service provided under this Agreement. 10.6. The Supplier must supply a packing list, or delivery docket for each carton or box delivered to the Company. The packing list or delivery docket must be attached to the outside of the package of Goods in a waterproof envelope. 10.7. For consignments with a gross dead weight of more than 15 kilograms, the Supplier must clearly mark the Goods with a “Caution Heavy Load” sticker. 10.8. The Supplier shall ensure that the Goods are adequately protected from damage and deterioration du...

DELIVERY AND COMPLETION. (a) The Supplier must at its own cost properly pack and protect all Goods to ensure safe arrival, and safely transport the Goods along appropriate routes, in accordance with industry best practice. (b) Delivery will have occurred only when the Supplier has: (i) delivered the Goods to the Site, and unless otherwise specified in the Order, unloaded the Goods at the location designated by SCE’s representative or in the Order, and received written confirmation of receipt from SCE; (ii) completed the Services and SCE has received all documentation it requires including a Form 16 and any third party warranties required under clause 5(e); and (iii) completed the Services (including the provision of all deliverables and products of the Services to SCE) and received written confirmation of completion from SCE. (c) The Supplier must achieve Delivery by the Delivery Date and in any case expeditiously and withoutdelay. (d) If the Goods and Services are not Delivered by the Delivery Date, the Supplier will be indebted to SCE for liquidated damages at the rate set out in the Order for each day that Delivery is delayed beyond the Delivery Date, until the earlier of: (i) liquidated damages incurred meet the limit, if any, set out in the Order; (ii) the Agreement is terminated by SCE; or (iii) Delivery is completed, but if no rate is set out in the Order, SCE will be entitled to common law damages for the delay. (e) SCE: (i) may postpone the Delivery Date for any duration and for any reason in its absolute discretion, at any time before or after the Delivery Date; or (ii) must postpone the Delivery Date for a Delay Event but only if the Supplier notifies SCE in writing of the cause, expected duration and its efforts to minimise the effect of the Delay Event, within 3 Business Days of when the Supplier should have become aware of it, failing which the Supplier will not be entitled to any postponement of the Delivery Date. (f) Any delay by SCE in postponing the Delivery Date under clause 3(e)(ii) will not set time at large but may entitle the Supplier to damages. (g) The Supplier may not subcontract any of its obligations without the prior consent of SCE. Despite any consent, the Supplier remains responsible for all acts and omissions of its subcontractors and must ensure that they comply with all applicable terms and conditions of the Agreement.

DELIVERY AND COMPLETION. Time is of the essence in this Agreement. Should delivery or completion for any reason fail to be timely, Contractor shall be liable for all damages suffered by CCPRC as a result of such failure. Failure to furnish materials or services within the scheduled time shall give CCPRC the right to cancel any remaining portion of this contract without additional charge. A. No extension of time of the work to be performed under this Contract will be recognized without the written confirmation and approval of the Owner. B. Rain Day: For rain delays, the Contractor shall be entitled to a one day extension of time for each day in any given month that the actual rain days measured at the Charleston International Airport, or an otherwise mutually agreed upon location, exceed the NOAA average monthly rainfall for the month in Charleston, South Carolina. In order to qualify as a rain day, there must be at least one-hundredth of an inch precipitation on the date in question. The average number of days in each month receiving one- hundredth of an inch or more of rain in Charleston, South Carolina, according to NOAA are as follows: Jan Feb March April May June July Aug Sept Oct Nov Dec The Contractor shall submit any request for rain days by the tenth day of the following month. Rain and weather delay extensions of time are non- compensable delays and the Contractor shall be entitled to no additional compensation as consequence of rain and weather related extensions hereunder.

DELIVERY AND COMPLETION. In the case of Products 5.1 The Other Party will arrange for the Delivery of the Products on the date and at the place referred to in the following table. The specified delivery dates are Vital Deadlines. A1 Products <date of X days after demand in accordance with Delivery-on- Demand Procedure Schedule> 5.2 The Other Party will arrange for Delivery of the Products on the date and at the place referred to in the following table. The specified dates are Vital Deadlines. B1 Consultancy Services <…> <address, date> B2 Development of Custom Software <provision of copies of the Object and Source Code> <address, date> B3 Secondment <provision of Staff as evidenced by monthly submission of timesheets retrospectively> <address, date> B4 Support <…> <address, date> B6 Other Public Service Contracts <provision of copies> <address, date> C1 Licences (to Standard Software) <provision of copies> <address, date> 5.3 <OPTIONAL in the case of Standard Software with a right to the Source Code> In those cases in which the Other Party has undertaken to make the Source Code available to the Contracting Authority, the latter will on request be immediately supplied with a copy of the most recent version of the Source Code.

DELIVERY AND COMPLETION. (a) Professional Services will be deemed completed by Aternity upon the sooner of (i) mutual agreement by the parties, (ii) for T&M Services, once each applicable hour or day has been delivered, or (iii) for FP Services, upon delivery of the FP Services or each applicable phase or milestone identified in the applicable Service Documentation and/or SOW. Notwithstanding the foregoing, if Aternity has partially completed a FP Service and Aternity is not able to complete the FP Service due to Customer’s failure to schedule completion of the FP Services within the later of (A) ninety (90) days after Customer purchased the FP Service or (B) thirty (30) days after the originally agreed upon completion date for the FP Service, such FP Services will be deemed delivered and completed on such later date. Aternity will use commercially reasonable efforts to schedule Professional Services as promptly as practicable; however, Aternity requires a minimum of ten (10) business days after Aternity’s acceptance of an Order to prepare and plan for Professional Services to begin. Customer shall schedule all remote work in one (1) day minimum blocks of time. If Customer purchases five (5) or more days of T&M Services in an Order, Customer shall schedule such T&M Services in minimum increments of five (5) consecutive days unless otherwise approved in advance by Aternity. If Professional Services will be performed onsite at a location designated by Customer, such onsite visits must include fixed or budgeted travel and expenses as part of the Order, and Customer shall schedule each day of onsite Professional Services in consecutive days, and in minimum increments of five (5) consecutive days if five (5) or more days are purchased, unless otherwise approved in advance by Aternity. Unless otherwise expressly provided in the applicable Service Documentation or a SOW, as used with respect to Professional Services, a “day” is defined as eight (8) hours during the regular business hours 7:00 AM to 7:00 PM local time, Monday through Friday, of a single day (excluding local holidays). Customer is not permitted to cancel or reschedule any Professional Services without Aternity’s prior consent except as otherwise expressly set forth in this Agreement. Without limiting the foregoing, Professional Services that are not completed within six (6) months after the Order date will be deemed completed unless otherwise agreed by Aternity in writing. Regardless of how such Professional Services are b...

DELIVERY AND COMPLETION. Any Milestone will be considered complete upon notice to Representative by the ITC, unless such Milestone includes a Deliverable. If the Milestone includes a Deliverable, Representative shall review the Deliverable, and perform interim testing of the Deliverable at the request of the ITC (itself, or with the other Companies), and Representative shall provide feedback promptly upon delivery by the ITC. If the Deliverable passes a test that is part of the Specifications, the Companies may not reject the Deliverable. Refusal to accept a Deliverable must be in writing and must be accompanied by a notice in reasonable detail of a material non-conformity with the Specifications for such Deliverable. Any Deliverable will be deemed accepted if the ITC has not received from Representative notification of rejection of the Deliverable within 15 business days after delivery thereof. In the event a Deliverable is properly rejected, the ITC shall use reasonable efforts to correct such Deliverable and deliver a corrected Deliverable within 15 business days after receiving notice of rejection, and the procedure above will be repeated until such Deliverable is accepted. Each Milestone that includes a Deliverable will be deemed complete upon acceptance as described in this Section 2.2. Each Deliverable consisting of computer software will be delivered in source code format unless otherwise agreed by the ITC and the Companies, as a group.

DELIVERY AND COMPLETION. TENANT HEREBY ACKNOWLEDGES THAT TENANT HAS INSPECTED THE COMMON AREA (AS HEREINAFTER DEFINED) AND THE PREMISES, AND HEREBY (I) ACCEPTS THE COMMON AREA IN "AS IS" CONDITION FOR ALL PURPOSES AND (II) SUBJECT TO LANDLORD'S COMPLETION OF ITS OBLIGATIONS UNDER THE WORK LETTER (HEREIN SO CALLED) ATTACHED HERETO AS EXHIBIT D, TENANT HEREBY ACCEPTS THE PREMISES FOR ALL PURPOSES (INCLUDING THE SUITABILITY OF THE PREMISES FOR THE PERMITTED USE). Landlord will perform or cause to be performed the work and/or construction of Tenant's Improvements (as defined in the Work Letter) in accordance with the terms of the Work Letter and will use commercially reasonable efforts to Substantially Complete (as defined in the Work Letter) Tenant's Improvements by the Commencement Date. If Tenant's Improvements are not Substantially Complete by the Commencement Date set forth in Item 6 of Article 1 for any reason whatsoever, Tenant's sole remedy shall be an adjustment of the Commencement Date and the Expiration Date to the extent permitted under the Work Letter. The Premises shall be delivered to Tenant on the Commencement Date; provided, however, Landlord may, at its sole option, permit the Tenant to have access to the Premises prior to the Commencement Date. Any such occupancy will not affect the Commencement Date; however, such occupancy will be subject to all other provisions of this Lease, including without limitation the indemnity provisions set forth in Section 8.5.1. hereof.

DELIVERY AND COMPLETION. 6.1 The delivery of any Goods is deemed to have occurred when loading of the Goods commences by the Customer (or its carrier) or when the Goods are unloaded at the delivery place by WesTrac (or its carrier) (as the case may be). 6.2 WesTrac will notify the Customer, orally or in writing, promptly when it considers (acting reasonably) that the Services have been completed.