Delivery and Utilization Sample Clauses

The Delivery and Utilization clause defines the obligations and procedures related to the provision and use of goods, services, or deliverables under an agreement. It typically outlines when and how the items must be delivered, the standards or specifications they must meet, and the responsibilities of the receiving party regarding acceptance and use. For example, it may specify delivery timelines, inspection rights, or requirements for proper use of the delivered items. This clause ensures both parties have a clear understanding of their duties, reducing the risk of disputes over delivery performance or improper utilization.
Delivery and Utilization. 3.1 Subject to fulfilment by Operator of the provisions of Clause 20 of the main body of this Agreement, the Supplying Party will respond to a Capacity Order as soon as possible but not later than fifteen (15) Business Days of receipt of such Capacity Order. The response shall be either: (a) an acknowledgment that the Supplying Party is able to provide the Ordered Capacity by a particular date (“Ordered Delivery Date”). The Ordered Capacity shall be provided as soon as possible but not later than fort-five (45) Calendar Days from the date of Capacity Order from the Requesting Party; or (b) an advice that the Supplying Party is unable to provide the Ordered Capacity as procurement is required. 3.2 Where procurement is required in order to meet the Capacity Order, and where the Supplying Party advises the Requesting Party pursuant to Clause 3.1 (b), the Supplying Party shall seek confirmation of the Order from the Requesting Party. Upon confirmation by the Requesting Party, the Supplying Party shall complete the procurement not later than it would complete such procurement for itself and shall provide the Ordered Interconnect Capacity to the Ordering Party as soon as possible but not later than a period of ninety (90) Calendar Days from the date of Capacity Order from the Requesting Party. 3.3 If the Requesting Party seeks Interconnect Capacity at a level higher than the Ordered level or on a Order Delivery Date other than the agreed Order Delivery Date, it may make a request to the Supplying Party to provide the revised level of capacity or revise the Order Delivery Date. Where necessary, the Supplying Party will undertake and complete a feasibility study within thirty (30) Business Days. 3.4 Each Party shall use its reasonable endeavours to ensure that its Network Equipment on its side of the relevant POI are provisioned by the Commissioning Date and maintained in accordance with the Ordered Capacity under this Schedule C2. 3.5 The Supplying Party reserves the right to reduce the number of E1s as given to the Requesting Party by the number of E1s so as to bring the utilization to the level not exceeding 60% of capacity, in case the capacity is utilized by less than forty (40) percent for a consecutive period of three (3) months. 3.6 In case the Requesting Party is unable to deliver any traffic within the first quarter after the Commissioning Date, the Supplying Party may withdraw the Capacity provided under this Agreement after giving fifteen (15) Calendar...
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Related to Delivery and Utilization

  • Delivery and Risk 7.1 Unless otherwise stated in the Order, the price quoted includes delivery to the address specified in the Order.

  • Delivery and Control (i) With respect to any Investment Related Property consisting of Securities Accounts or Securities Entitlements, it shall cause the securities intermediary maintaining such Securities Account or Securities Entitlement to enter into an agreement substantially in the form of Exhibit C hereto pursuant to which it shall agree to comply with the Collateral Agent’s “entitlement orders” without further consent by such Grantor. With respect to any Investment Related Property that is a “Deposit Account,” it shall cause the depositary institution maintaining such account to enter into an agreement substantially in the form of Exhibit D hereto, pursuant to which the Collateral Agent shall have both sole dominion and control over such Deposit Account (within the meaning of the common law) and “control” (within the meaning of Section 9-104 of the UCC) over such Deposit Account. Each Grantor shall have entered into such control agreement or agreements with respect to: (i) any Securities Accounts, Securities Entitlements or Deposit Accounts that exist on the Credit Date, as of or prior to the Credit Date and (ii) any Securities Accounts, Securities Entitlements or Deposit Accounts that are created or acquired after the Credit Date, as of or prior to the deposit or transfer of any such Securities Entitlements or funds, whether constituting moneys or investments, into such Securities Accounts or Deposit Accounts. In addition to the foregoing, if any issuer of any Investment Related Property is located in a jurisdiction outside of the United States, each Grantor shall take such additional actions, including, without limitation, causing the issuer to register the pledge on its books and records or making such filings or recordings, in each case as may be necessary or advisable, under the laws of such issuer’s jurisdiction to insure the validity, perfection and priority of the security interest of the Collateral Agent. Upon the occurrence of an Event of Default, the Collateral Agent shall have the right, without notice to any Grantor, to transfer all or any portion of the Investment Related Property to its name or the name of its nominee or agent. In addition, the Collateral Agent shall have the right at any time, without notice to any Grantor, to exchange any certificates or instruments representing any Investment Related Property for certificates or instruments of smaller or larger denominations.

  • DELIVERY AND TITLE A. The place of delivery for all Products sold pursuant to this Agreement shall be FOB Plant. Buyer and Buyer’s agents shall be given access to Seller’s Plant in a manner and at all times reasonably necessary and convenient for Buyer to take delivery as provided herein. Buyer shall schedule the loading and shipping of all outbound Products purchased hereunder which is shipped by rail. All labor and equipment necessary to load rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all Products in a good and workmanlike manner in accordance with Buyer’s reasonable requirements and in accordance with normal industry practice. Seller shall maintain the rail loading facilities in safe operating condition in accordance with normal industry standards. B. Seller shall be responsible at all times for the quantity, quality and condition of any Products in storage at the Plant. Seller shall not be responsible for the quantity, quality and condition of any of Products stored by Buyer at locations other than the Plant. C. Buyer shall give to Seller a schedule of quantities of the Products to be removed by rail with sufficient advance notice reasonably to allow Seller to provide the required services. Seller shall provide the labor, equipment and facilities necessary to meet Buyer’s loading schedule and, except for any consequential or indirect damages, shall be responsible for Buyer’s actual costs or damages resulting from Seller’s failure to do so. Buyer shall order and supply rail cars as scheduled for rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly to Buyer. D. Buyer shall provide loading orders as necessary to permit Seller to maintain Seller’s usual production schedule, provided, however, that Buyer shall not be responsible for failure to schedule removal of the DDGS unless Seller shall have provided to Buyer production schedules as follows: Five (5) days prior to the beginning of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcar. Seller shall inform Buyer daily of inventory and production status. For purposes of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to the attention of ▇▇▇▇▇ ▇▇▇▇▇▇▇, Facsimile number ▇▇▇-▇▇▇-▇▇▇▇ or email to ▇▇▇▇▇▇▇▇@▇▇▇-▇▇▇▇▇.▇▇▇, and If to Seller, to the attention of ▇▇▇▇▇ ▇▇▇▇▇▇, Facsimile number ▇▇▇-▇▇▇-▇▇▇▇ or email to ▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, Or to such other representatives of Buyer and Seller as they may designate to the other in writing. E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS into rail cars and delivering to Buyer of the ▇▇▇▇ of lading for each such shipment.

  • Delivery and Risk of Loss Supplier will at its expense deliver the goods ordered to Sharad with its office at Street company plano,Texas 12345. 3.1 Supplier shall assume risk of loss and damage to Goods prior to delivery thereof to Buyer. Upon delivery of the Goods to Buyer, Buyer shall inspect the Goods and shall, upon prompt inspection of the Goods, sign the receipt of delivery acknowledging the Goods have been delivered in an undamaged condition. Any damaged Goods shall be segregated from undamaged Goods by Buyer. Supplier shall arrange for delivery of the damaged Goods to a destination designated by Supplier. Buyer shall assume full responsibility for any loss, damage or deterioration to the Goods 3.2 When the Buyer sign for the delivered Goods, the Buyer accept those Goods, and by accepting those Goods, represent that they have been delivered in an undamaged and acceptable condition. In Process 3.3 Buyer agrees to keep the Goods, and the proceeds from the sales thereof, separate and capable of identification, as the property of Supplier, to make entries in its books showing that the property is held for the account of Supplier, to report to Supplier the consummation of any sale on a weekly basis as more fully set forth herein; and to furnish the Supplier on demand a true and complete report of the Buyer’s sales for any period of time stated by the Supplier. 3.4 Buyer agrees to keep the goods fully insured at its expense against any and all risks including, but not limited to, breakage, damage or theft. The insurance policies shall be satisfactory to Supplier, and shall be delivered to Supplier promptly upon demand. Any and all insurance proceeds resulting from a claim on Supplier’s property shall be made payable to Supplier as its interest may appear. 3.5 Buyer agrees not to remove any of the Goods subject to this security agreement from the Buyer’s address as set forth herein, without the written consent of Supplier, except for purpose of sale and subject to the provisions and conditions herein provided.

  • Delivery and Documents 13.1 Subject to GCC Sub-Clause 33.1, the delivery of the Goods and completion of the Related Services shall be in accordance with the List of Goods and Delivery Schedule specified in the Supply Requirements. The details of shipping and other documents to be furnished by the Supplier are specified in the SCC.