Marking of Equipment and Plant Clause Samples

Marking of Equipment and Plant. ‌ (a) Where, prior to delivery, the property in Equipment and Plant passes to Buyer, Seller shall, so far as is practicable, set the Equipment and Plant aside and ▇▇▇▇ it as Buyer’s property in a manner reasonably required by Buyer. (b) Until the Equipment and Plant has been so set aside and marked, Buyer shall be entitled to withhold any interim Progress Payment to which Seller might otherwise be entitled. (c) Seller shall permit Buyer at any time upon reasonable notice to inspect any Equipment or Plant which has become the property of Buyer and shall grant Buyer or procure the grant of access to Seller’s premises for such purposes or any other premises where such Equipment and Plant may be located. Such inspection shall not constitute acceptance of the Equipment and Plant. (d) All such Equipment and Plant shall be in the care and possession of Seller solely for the purposes of the Agreement and shall not be within the ownership or disposition of Seller. (e) No Progress Payment or interim Certificate of Payment issued by Buyer shall prejudice its right to reject Equipment or Plant which is not in accordance with the Agreement. Upon any such rejection the property in the rejected Equipment or Plant shall immediately revert to Seller. (f) Seller shall transfer title to the Work to Buyer at the earliest to occur of (i) when the Equipment and/or Materials are brought on the Site; (ii) the specific Equipment and/or Materials are included in a request for a Progress Payment; and (iii) when the Equipment and/or Materials are appropriated for use in the Project. Seller shall cause the Contractor to transfer the Work supplied and performed by the Contractor to Buyer (x) prior to the Closing, free and clear of all Liens other than (A) mechanics liens relating to the Work supplied and performed by the Contractor’s Subcontractors that have not yet been paid and (B) amounts payable to Contractor’s Subcontractors that are being disputed in good faith provided that the Contractor has posted a bond against such Liens with a bonding company or other surety reasonably acceptable to Buyer, and (y) upon the Closing, free and clear of all Liens. Seller shall indemnify and keep indemnified the Buyer against any claims, losses or damage arising from any defect in title or encumbrances or charge upon any of the Equipment and Plant supplied pursuant to this Agreement. (g) With respect to any Lien or Claim relating to the Project other than Permitted Liens (i) arising through the ...
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Related to Marking of Equipment and Plant

  • Office Space, Equipment and Facilities Provide such office space, office equipment and office facilities as are adequate to fulfill the Adviser’s obligations hereunder.

  • Equipment and Materials CONTRACTOR shall provide all equipment, materials, and supplies necessary for the performance on the Agreement except:

  • PURCHASE OF EQUIPMENT AND PERSONAL PROPERTY For valuable consideration, the sum of $1.00, receipt of which is acknowledged, ▇▇▇▇▇▇ agrees to quitclaim, transfer, sell, waive and release any interest it has or may have, including as the beneficiary of any trust interest created by the provisions of The Book of Discipline of The United Methodist Church, and ▇▇▇▇▇ agrees to accept all of Seller’s title and interest, if any, in and to all of the properties and assets held by ▇▇▇▇▇▇ United Methodist Church and relating to the Conference’s claim for itself, or on behalf of The United Methodist Church, of any beneficial right of any kind, including all proprietary rights and privileges of any kind or nature, whether arising by operation of law, trust, contract, property or other means to all tangible personal property owned as of the date of this Bill of Sale in the name of Pisgah United Methodist Church (including, without limitation, cash, bank accounts, accounts and notes receivable, deposits, prepaid items, contents, furnishings, equipment, tools, furniture, leasehold improvements, computer software, permits, licenses, authorizations, books, records, papers, securities, funds, goodwill, contracts, and other intangibles (hereinafter collectively, the "Personal Property") on the terms and conditions set forth in this Bill of Sale.

  • Location of Equipment and Inventory All Equipment and Inventory are (i) located at the locations indicated on Schedule 4 (ii) in transit to such locations or (iii) in transit to a third party purchaser which will become obligated on a Receivable to the Debtor upon receipt. Except for Equipment and Inventory referred to in clauses (ii) and (iii) of the preceding sentence, the Debtor has exclusive possession and control of the Inventory and Equipment.

  • Equipment and Tools 40.01 The Employer will make available all necessary tools and equipment it requires for the performance of work assignments at no cost to the employees. Such tools and equipment will remain the property of the Employer and the employees will be required to take reasonable care of this property and may be required to sign out certain equipment and tools.