Delivery and Use Sample Clauses
Delivery and Use. Epic will provide You with a complete copy of the source Code for all of the Program Property. You agree that You will use the source Code only for Your internal maintenance of the Program. Notwithstanding any other provisions of this Agreement, if You make changes to the source Code, then all of Epic's warranty, support, and maintenance obligations shall cease. You agree that You will not modify the source Code in any way that will affect the Program Property's ability to count Your Volume or the accuracy of such counts.
Delivery and Use. The Authority hereby agrees to deliver or cause to be delivered to the Purchaser, after the acceptance of this Bond Purchase Agreement, copies of the final Limited Offering Memorandum relating to the Series 2006 Bonds, substantially in the form of the Preliminary Limited Offering Memorandum with only such changes therein as shall be necessary to conform to the terms of this Bond Purchase Agreement and with such other changes and amendments to the date thereof as have been accepted by the Purchaser and the Authority. (The final Limited Offering Memorandum, including its cover page and appendices, reports and statements included therein, is hereinafter referred to specifically as the “Limited Offering Memorandum,” except that if the Limited Offering Memorandum has been amended or supplemented between the date thereof and the date upon which the Series 2006 Bonds are delivered to the Purchaser, the term “Limited Offering Memorandum” shall refer to the Limited Offering Memorandum as so amended.). The Authority hereby authorizes the Company to, and the Company shall, deliver to the Purchaser, within seven business days from the date hereof, a sufficient number of copies of the Limited Offering Memorandum as shall be requested reasonably by the Purchaser in order to comply with the Rule and any applicable rules of the Municipal Securities Rulemaking Board, including without limitation Rule G-32. Ten copies of the Limited Offering Memorandum will be signed on behalf of the Company by duly authorized officials of the Company and are hereby determined to be the final Limited Offering Memorandums for purposes of Rule 15c2-12(b)(3) and (4); provided, however, that the foregoing representation as to the finality of the Limited Offering Memorandum does not include a representation by the Authority as to the accuracy of the statements and information contained therein.
Delivery and Use. (a) All Equipment shall be shipped directly from the Supplier to Lessee.
(b) The Equipment shall be used, maintained and operated by Lessee in compliance with the requirements of the Facilities Agreement.
(c) The parties intend that all Equipment shall at all times remain personal property of Lessee regardless of the degree of its annexation to any real property and to the maximum extent permitted by Applicable Law shall not by reason of any installation in, or affixation to, real or personal property become a part thereof.
(d) Lessee shall insure the Equipment in accordance with the requirements of the Facilities Agreement.
Delivery and Use a. Goods ordered by the Customer are available for delivery within Australia only and cannot be delivered to a PO Box.
▇. ▇▇▇▇▇▇▇ will use its best endeavours to dispatch Goods to the Customer (to its nominated address) as soon as possible after receiving an Order by standard delivery. Any delivery date(s) provided are estimates only, and Wormald will not be liable to Customer by reason of delays caused by any reason whatsoever.
▇. ▇▇▇▇▇▇▇ may deliver the Goods by instalments (where, in ▇▇▇▇▇▇▇’▇ opinion, this is reasonable).
d. The risk in the Goods passes to Customer at the time of Delivery.
e. The Customer acknowledges that it has the sole responsibility to confirm the suitability of the Goods for their intended purpose and that Wormald makes no representation or warranty in this regard.
Delivery and Use. Architect will make the Service available to Customer (via login or download) through its website (▇▇▇▇▇▇▇▇▇.▇▇), mobile app or will otherwise deliver the Service as specified in the Documentation. Architect shall not be responsible for obtaining and maintaining, and shall have no liability for, any communication lines, hardware, and other equipment and/or services necessary to allow Customer to receive and/or use the Service, Documentation or Third-Party Services.
Delivery and Use. 3.1 The FHS Components of the OSS will be delivered by AIRBUS to the Customer, with the relevant airworthiness documents as set out in Clause 8.2.2 of this Agreement.
3.2 The OSS shall be gradually delivered. The start date of the OSS Service shall be September 1st, 2016 with the start of delivery of the first FHS Component to the Customer (the “OSS Service Start Date”).
3.3 The Customer shall be responsible for i) ensuring the availability of the OSS at the Main Base upon delivery by AIRBUS and ii) for processing all necessary customs clearance for deliveries of the entire OSS being positioned at the Main Base. The Customer shall, within thirty (30) Days from the date that any part of the OSS is delivered for the first time until the OSS is delivered in full, provide AIRBUS with evidence that the above customs clearance has been made accordingly, failing which AIRBUS will be entitled to consider the Customer being in default pursuant to Clause 18 of this Agreement unless documents (such as delivery note, AWB) are missing from AIRBUS. The Customer shall not move the OSS to another location without prior written authorisation from AIRBUS. The Customer is entitled to move some FHS Component(s) from the OSS to any other outstation in Brazil to ensure its daily operations. In such a situation, the Customer shall ensure that the tracking of such FHS Components is well ensured through the IT system and that such FHS Components shall be stored in the outstations according to the conditions set out in this Appendix B-1. Impact on the Service Level because of the location of some FHS Components in another location than the Main Base shall not be calculated for the achievement of the Service Level. Any additional stock to be located in outstations shall be agreed between the Parties by a mutual amendment to this Agreement.
3.4 The Customer shall be entitled to withdraw and use any of the items of the OSS in accordance with its operational needs, solely for the remedy of FHS Components associated defects on the Aircraft. No FHS Component forming part of the OSS may be installed or used by the Customer on any aircraft other than the Aircraft.
Delivery and Use. (1) The Contracting Parties shall record the delivery of the equipment and its functional status in the form of a takeover protocol signed by both Contracting Parties.
(2) The Borrower may only employ the equipment for contractual usage according to the Article 2.
(3) In the event of equipment being lost or damaged the Borrower shall immediately notify HZDR Lender. Any modifications or adjustments of the equipment require previous approval of the HZDR in writing. The Borrower shall pay the repair or replace cost of the equipment after consultation and written approval of HZDR Lender.
(4) The equipment must be handled by qualified professional personal with care. They shall be maintained in the condition in which they were received and the Borrower is to take the best possible care of the equipment.
(5) The equipment will remain in the possession of the Borrower for the time specified in Article 6, subsection 1. The Borrower is not entitled to lend or let the equipment to third parties. The Borrower is obliged to defend the equipment from confiscation, seizure or property encroachments by third parties. He will release the equipment on his own expense and shall immediately notify the HZDR in writing of any such signaled or executed actions without delay. The Borrower will inform the Lender about any confiscation, seizure, damages, modification or loss of the equipment without delay.
Delivery and Use. 13.1 Staad will deliver the Powerbox and exchange it at Lessee’s location, in accordance with article 5.2, with the exception of the Wadden Islands. The time of exchange will be agreed directly with ▇▇▇▇▇▇’s operator or planner.
13.2 Lessee is responsible for a suitable and safe exchange location in accordance with Staad’s instructions.
13.3 Lessee must inspect the Powerbox upon receipt and immediately report any defects to Staad in writing. Claims for defects will no longer be accepted after the Powerbox has been taken into use.
13.4 As of the time the Lessee takes de facto possession of the Powerbox, the risk of loss, theft or damage passes to Lessee. Lessee is bound to take care of the Powerbox and to use it in accordance with the agreed instructions and safety regulations.
13.5 It is mandatory for Lessee and its personnel to follow the instruction and safety video provided by Staad with regard to the use of the Powerbox.
Delivery and Use. A. Owner agrees to loan to Contractor, upon the terms and conditions of this Agreement, at no monetary cost to Contractor, the following equipment (hereinafter, "Equipment"):
B. The safety of all persons employed by Contractor and its subcontractors (if any) on Owner's premises, or any other person who enters onto Owner's premises for reasons relating to this Agreement, or who will in any way have contact with the Equipment shall be the sole responsibility of Contractor. Contractor shall observe and comply with all safety rules and regulations pertaining to the Equipment.
Delivery and Use. Following Seller’s acceptance of Customer’s Sales Quote, Customer will promptly deliver, at no cost to Seller, quantities of certain materials, including biological samples such as tissue sections, cell cultures or other related biological specimens required for processing and analysis (the “Material”) that are sufficient for Seller to perform the Services. The Customer is responsible for providing tissue and other agreed upon materials of acceptable quality to be determined by mutual agreement. All Materials shall be coded and de-identified by Customer prior to transfer to Seller in accordance with privacy standards under applicable laws and regulations. Customer agrees that the Materials will not contain any personally identifiable information. Customer hereby grants to Seller the nonexclusive right and license to use the Material solely to perform the Services. Customer represents and warrants that it has all rights and has obtained all consents required under applicable laws to provide the Materials to Seller. Seller must only use the Material to perform the Services and Seller is authorized to allow its third party service providers to use the Material in connection with the provision of the Services. Without the advance written consent of Customer and except to ▇▇▇▇▇▇’s third party servicers acting in such capacity, Seller will not transfer, deliver, or disclose to any third party the Material. Seller will not use the Material in humans. Seller will not reverse engineer the Material for any purpose, including to identify structures or properties. Upon completion of the Services, any Material will be destroyed or, upon Customer’s written request and expense, returned. Notwithstanding the foregoing, the Parties mutually agree that that Seller may retain any Material for internal research and development purposes. If Customer’s Sales Quote includes the purchase of antibodies, or other consumables specifically for use in the performance of the Services (the “Service Reagents”), title and all risks of ownership to such Service Reagents shall pass to Customer upon the delivery of such Service Reagents by Seller to Seller’s service laboratory. In the event that Customer has not delivered all of the Materials required for Seller to perform the Services within ninety (90) days following Seller’s acceptance of Customer’s order, Seller may notify Customer and ship to Customer, at Customer’s expense (such shipping costs to be subsequently invoiced by Seller and ...