Delivery Option Clause Samples

A Delivery Option clause defines the methods and terms by which goods or services will be delivered under a contract. It typically outlines the available delivery methods, such as standard shipping, expedited delivery, or in-person pickup, and may specify who is responsible for arranging and paying for delivery. This clause ensures both parties are clear on how and when delivery will occur, reducing the risk of misunderstandings or disputes regarding fulfillment obligations.
Delivery Option a. N▇▇▇ ▇▇▇, at its option, deliver to USL for Disposal at the Bate▇▇▇ ▇▇▇and Landfarm a maximum amount of NOW equal to the Annual Volume for such Contract Year at no cost without prior notice or approval. Subject to the terms and conditions and the limitations set forth in this Agreement, USL shall accept for Disposal at the Bate▇▇▇ ▇▇▇and Landfarm all NOW delivered by or on behalf of NESI, provided, however, that in no event shall USL be obligated to accept from NESI for Disposal at any Landfarm more than the Annual Volume during any Contract Year. Failure to deliver the full Annual Volume shall not result in any carryforward or increase in the Annual Volume in the succeeding Contract Year. b. N▇▇▇ ▇▇▇ll have the right to deliver a volume no more than 10% of the Annual Volume to the Bourg Landfarm at no cost, subject to Section 3.1.
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Delivery Option. (a) Notwithstanding anything to the contrary in Section 5.1 above, AB shall have the option, exercisable individually by AB from time to time with respect to each Brewery and each Production Facility, to (i) control the selection of the freight carrier and the insurance provider used for all or a portion of the shipments of Bottles from such Production Facility or delivered to such Brewery, or (ii) to change the freight and delivery terms to FOB applicable Production Facility. AB's exercise of either of the foregoing options is expressly conditioned on each of the following: (i) AB may only exercise either of the options in a way that does not (A) result in an increase in Anchor's aggregate freight costs for deliveries to and from each of its bottle production facilities situated in the United States, (B) result in any increase in Anchor's other operating costs, or (C) have an adverse effect upon Anchor's production and delivery efficiencies; (ii) AB may only exercise either of the options upon expiration of any existing delivery contract in place between Anchor and any third party applicable to any of the foregoing deliveries; provided, however, that upon AB's request Anchor shall undertake reasonable efforts to negotiate the *** subject only to the *** Anchor shall notify AB of the *** and AB may then choose to *** in order to satisfy this condition or *** in which event this condition *** and (iii) solely in the case of AB's exercise of its option to convert the freight and delivery terms to FOB applicable Production Facility, AB shall be responsible for arranging and paying for all related freight and insurance charges and title and risk of loss will be deemed to pass to AB upon pick-up of the Bottles at the applicable Production Facility. (b) Anchor shall notify AB within *** before the expiration or renewal of any such existing delivery contract, and AB shall have *** after receiving such notice in which to exercise either of the options specified in Section 5.2(a) by so notifying Anchor in writing. Failif ure by AB to exercise either of its options during such *** period shall preclude it from exercising such options pursuant to the terms of Section 5.2(a) above *** (c) Once either of the options referenced in Section 5.2(a) above has been exercised by AB pursuant to the terms thereof, AB shall at anytime thereafter, upon no less than sixty (60) days' prior written notice to Anchor, be entitled to terminate the parties' respective obligations with r...
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Delivery Option a. NESI may, at its option, deliver to USL for disposal at the Bat▇▇▇▇ Island Landfarm a maximum amount of NOW equal to ▇▇▇ ▇▇▇ual Volume for such Contract Year at no cost without prior notice or approval. Subject to the terms and conditions and the limitations set forth in this Agreement, USL shall accept for disposal at the Bateman Island Landfarm all NOW delivered by or on behalf ▇▇ ▇▇▇I; provided, however, that in no event shall USL be obligated to accept from or on behalf of NESI for disposal at any Landfarm (i) more than the Quarterly Volume during any one Quarter as determined in Sections 3.3 and 3.4, or (ii) more than 25% of the Annual Volume during any one Quarter. Failure by NESI to deliver the Quarterly Volume in any Quarter shall constitute waiver of NESI's option to deliver the remainder for that Quarter. Failure to deliver the full Quarterly or Annual Volume shall not result in any carryforward or increase in the Quarterly or Annual Volume in the succeeding Quarter or Contract Year. b. NESI shall have the right to deliver a volume no more than 10% ▇▇ the Quarterly Volume for that Quarter to the Bourg Landfarm at no cost, subject to Section 3.1.1.a, and prior notice by NESI in accordance with Section 13.5.2, of 48 hours if such delivery shall arrive by marine transportation; or c. NESI shall have the right to deliver a volume no more than 10% ▇▇ the Quarterly Volume for that Quarter to the Mermentau Landfarm at no cost, subject to Section 3.1.1.a and prior written approval by USL, which approval will not be unreasonably withheld.
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Delivery Option. (a) Notwithstanding anything to the contrary in Section 5.1 above, AB shall have an option, exercisable individually by AB with respect to each Brewery and each Production Facility, to control the selection of freight carrier and insurance provider used for shipments of Bottles from such Facility or delivered to such Brewery, subject to the following conditions: First, AB may only exercise this option in a way that does not increase Anchor's operating costs or adversely affect Anchor's production and delivery efficiencies. * * *
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Delivery Option. (a) Notwithstanding anything to the contrary in Section 5.1 above, AB shall have an option, exercisable individually by AB with respect to each Brewery and each Production Facility, to control the selection of freight carrier and insurance provider used for shipments of Bottles from such Production Facility or delivered to such Brewery, subject to the following conditions: First, AB may only exercise this option in a way that does not increase Anchor’s operating costs or adversely affect Anchor’s production and delivery efficiencies. * * * (c) Anchor shall cooperate and assist AB in implementing such shipping arrangements if AB exercises such option, subject to the foregoing conditions. With respect to each shipping or delivery location for which AB exercises such option, AB shall be responsible for and pay all related freight and insurance charges, and Anchor shall deduct from the Base Price for all affected Bottles the freight charges (per 1000 gross of Bottles) incurred by Anchor applicable to such Bottle deliveries or shipments, based on the average charges of such deliveries or shipments prior to the exercise of such option by AB.
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Related to Delivery Option

  • Delivery of Warrant ADSs Upon Exercise Within 1 Trading day of the date that a Notice of Exercise is delivered to the Company, the Company shall deposit the Warrant Shares subject to such exercise with The Bank of New York Mellon, the Depositary for the ADSs (the “Depositary”) and instruct the Depositary to credit the account of the Holder’s prime broker with The Depository Trust Company through its Deposit/Withdrawal At Custodian system (“DWAC”) if the Depositary is then a participant in such system and either (A) there is an effective registration statement registering for resale of the Warrant Shares represented by the Warrant ADSs by the Holder or (B) the Warrant Shares represented by the Warrant ADSs are eligible for resale by the Holder without volume or manner-of-sale limitations pursuant to Rule 144 and the Warrant ADSs have been sold by the Holder prior to the Warrant ADS Delivery Date (as defined below), and otherwise by physical delivery to the address specified by the Holder in the Notice of Exercise, by the date that is the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period after the delivery to the Company of the Notice of Exercise (such date, the “Warrant ADS Delivery Date”). If the Warrant ADSs can be delivered via DWAC, then in addition to the delivery of the Warrant Shares to the Depositary, within one (1) Trading Day of the applicable exercise, the Depositary shall have received from the Company any legal opinions or other documentation required by the Depositary to deliver such ADSs without legend and, if applicable and requested by the Company prior to the Warrant ADS Delivery Date, the Depositary shall have received from the Holder a confirmation of sale of the Warrant ADSs (provided the requirement of the Holder to provide a confirmation as to the sale of Warrant ADSs shall not be applicable to the issuance of unlegended Warrant ADS’s upon a cashless exercise of this Warrant if the Warrant ADSs are then eligible for resale pursuant to Rule 144(b)(1)). The Warrant Shares represented by the Warrant ADSs shall be deemed to have been issued, and Holder or any other person so designated to be named therein shall be deemed to have become the beneficial owner of such Warrant Shares represented by the Warrant ADSs for all purposes, as of the date the Warrant has been exercised, with payment to the Company of the Exercise Price (or by cashless exercise, if permitted) and all taxes required to be paid by the Holder, if any, pursuant to Section 2(d)(vi) prior to the issuance of such Warrant ADSs having been paid. As used herein, “Standard Settlement Period” means the standard settlement period, expressed in a number of Trading Days, on the Company’s primary Trading Market with respect to the ADSs as in effect on the date of delivery of the Notice of Exercise.

  • Notice of Exercise of Option This Option may be exercised by the ---------------------------- Optionee, or by the Optionee's administrators, executors or personal representatives, by a written notice (in substantially the form of the Notice of Exercise attached hereto as Schedule B) signed by the Optionee, or by such administrators, executors or personal representatives, and delivered or mailed to the Company as specified in Section 14 hereof to the attention of the President or such other officer as the Company may designate. Any such notice shall (a) specify the number of shares of Stock which the Optionee or the Optionee's administrators, executors or personal representatives, as the case may be, then elects to purchase hereunder, (b) contain such information as may be reasonably required pursuant to Section 12 hereof, and (c) be accompanied by (i) a certified or cashier's check payable to the Company in payment of the total Exercise Price applicable to such shares as provided herein, (ii) shares of Stock owned by the Optionee and duly endorsed or accompanied by stock transfer powers having a Fair Market Value equal to the total Exercise Price applicable to such shares purchased hereunder, or (iii) a certified or cashier's check accompanied by the number of shares of Stock whose Fair Market Value when added to the amount of the check equals the total Exercise Price applicable to such shares purchased hereunder. Upon receipt of any such notice and accompanying payment, and subject to the terms hereof, the Company agrees to issue to the Optionee or the Optionee's administrators, executors or personal representatives, as the case may be, stock certificates for the number of shares specified in such notice registered in the name of the person exercising this Option.

  • DELIVERY OUT The Custodian shall release and deliver out domestic securities and other financial assets of a Portfolio held in a U.S. Securities System, or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, specifying the domestic securities or financial assets held in the United States to be delivered out and the person or persons to whom delivery is to be made. The Custodian shall pay out cash of a Portfolio upon receipt of Proper Instructions on behalf of the applicable Portfolio, specifying the amount of the payment and the person or persons to whom the payment is to be made.

  • Delivery of Warrant Shares Upon Exercise The Company shall cause the Warrant Shares purchased hereunder to be transmitted by the Transfer Agent to the Holder by crediting the account of the Holder’s or its designee’s balance account with The Depository Trust Company through its Deposit or Withdrawal at Custodian system (“DWAC”) if the Company is then a participant in such system and either (A) there is an effective registration statement permitting the issuance of the Warrant Shares to or resale of the Warrant Shares by the Holder or (B) the Warrant Shares are eligible for resale by the Holder without volume or manner-of-sale limitations pursuant to Rule 144 (assuming cashless exercise of the Warrants), and otherwise by physical delivery of a certificate, registered in the Company’s share register in the name of the Holder or its designee, for the number of Warrant Shares to which the Holder is entitled pursuant to such exercise to the address specified by the Holder in the Notice of Exercise by the date that is the earliest of (i) two (2) Trading Days after the delivery to the Company of the Notice of Exercise, (ii) one (1) Trading Day after delivery of the aggregate Exercise Price to the Company and (iii) the number of Trading Days comprising the Standard Settlement Period after the delivery to the Company of the Notice of Exercise (such date, the “Warrant Share Delivery Date”). Upon delivery of the Notice of Exercise, the Holder shall be deemed for all corporate purposes to have become the holder of record of the Warrant Shares with respect to which this Warrant has been exercised, irrespective of the date of delivery of the Warrant Shares, provided that payment of the aggregate Exercise Price (other than in the case of a cashless exercise) is received within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period following delivery of the Notice of Exercise. If the Company fails for any reason to deliver to the Holder the Warrant Shares subject to a Notice of Exercise by the Warrant Share Delivery Date, the Company shall pay to the Holder, in cash, as liquidated damages and not as a penalty, for each $1,000 of Warrant Shares subject to such exercise (based on the VWAP of the Common Stock on the date of the applicable Notice of Exercise), $10 per Trading Day (increasing to $20 per Trading Day on the fifth Trading Day after such liquidated damages begin to accrue) for each Trading Day after such Warrant Share Delivery Date until such Warrant Shares are delivered or Holder rescinds such exercise. The Company agrees to maintain a transfer agent that is a participant in the FAST program so long as this Warrant remains outstanding and exercisable. As used herein, “Standard Settlement Period” means the standard settlement period, expressed in a number of Trading Days, on the Company’s primary Trading Market with respect to the Common Stock as in effect on the date of delivery of the Notice of Exercise.

  • Notice of Exercise; Payment (a) To the extent then exercisable, the Option may be exercised in whole or in part by written notice to the Company stating the number of Option Shares for which the Option is being exercised and the intended manner of payment. The date of such notice shall be the exercise date. Payment equal to the aggregate Option Price of the Option Shares being purchased pursuant to an exercise of the Option must be tendered in full with the notice of exercise to the Company in one or a combination of the following methods as specified by the Optionee in the notice of exercise: (i) cash in the form of currency or check or by wire transfer as directed by the Company, (ii) solely following an IPO in Shares otherwise being traded on an established securities market, through the surrender to the Company of Shares owned by the Optionee for at least six months as valued at their Fair Market Value on the date of exercise, (iii) through net exercise, using Shares to be acquired upon exercise of the Option, such Shares being valued at their Fair Market Value (which for such purpose shall have the meaning set forth in the Stockholders Agreement) on the date of exercise, or (iv) through such other form of consideration as is deemed acceptable by the Board. (b) As soon as practicable upon the Company’s receipt of the Optionee’s notice of exercise and payment, the Company shall direct the due issuance of the Option Shares so purchased. (c) As a further condition precedent to the exercise of this Option in whole or in part, the Optionee shall comply with all regulations and the requirements of any regulatory authority having control of, or supervision over, the issuance of the shares of common stock and in connection therewith shall execute any documents which the Board shall in its sole discretion deem necessary or advisable.