POINTS OF DELIVERY AND TITLE Clause Samples

POINTS OF DELIVERY AND TITLE. Attached hereto as Exhibit “A” is a schematic diagram involving the transfer of water from the Authority to the Wholesale Customer’s distribution system. The Point of Delivery of the water by the Authority to the Wholesale Customer shall be the outlet of the Authority’s meter located immediately before the water enters the Wholesale Customer’s 150,000125,000 gallon ground storage tank shown on Exhibit “A” attached hereto, and any other points of delivery mutually agreed upon by the Wholesale Customer and the Authority. The Wholesale Customer shall provide and maintain a clean air gap between the Authority’s system and the Wholesale Customer’s distribution system immediately downstream from the Point of Delivery shown on Exhibit “A,” and any other points of delivery mutually agreed upon by the Wholesale Customer and the Authority. The two pumps shown on Exhibit “A” have been replaced by the Authority pursuant to a letter of agreement between Wholesale Customer and the Authority, a copy of which is attached hereto as Exhibit “B.” The Authority has executed the Utility Conveyance Agreement required by the letter agreement, conveying the two pumps and appurtenances described in the contract documents and technical specifications for Bishop Westside Water Treatment Plant renovations and modifications for the South Texas Water Authority prepared by LNV Engineering, March 2014, all the facilities shown on Exhibit “A” are owned by Wholesale Customer, and Wholesale Customer is responsible for the operation and maintenance of those facilities. Following the execution of this Contract, the Parties intend to negotiate in good faith toward making a contract among themselves and third party Nueces Water Supply Corporation (NWSC) relating to the continued use by these parties of that tract of land owned by The City of ▇▇▇▇▇▇ and generally referred to as the ▇▇▇▇▇▇ East Side Water Station, which contains various facilities and equipment owned by these parties in connection with their respective water systems. Wholesale Customer no longer uses what used to be its east side delivery facility, a copy of which is attached hereto as Exhibit “C.” All the facilities shown on Exhibit “C” except for the building, the SCADA system and any equipment previously used to serve the City are owned by Nueces Water Supply Corporationby the Authority, and the Authority is responsible for the operation and maintenance of those facilities. The building, SCADA system and any equipment previous...
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POINTS OF DELIVERY AND TITLE. (a) The point(s) of delivery for all Gas purchased hereunder shall be at the point(s) described on Exhibit “B” (the “Point(s) of Delivery”). Seller shall be responsible for all necessary arrangements to deliver Gas into Buyer’s pipeline. Buyer shall operate metering and tap facilities necessary to receive and measure Seller’s Gas at the Point(s) of Delivery. (b) Nothing in this Agreement shall obligate Buyer or Seller to install any facilities to receive or deliver Seller’s Gas other than those facilities specifically provided for hereunder. (c) Title to Seller’s Gas delivered hereunder shall pass to Buyer at the Point(s) of Delivery.
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Related to POINTS OF DELIVERY AND TITLE

  • 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.

  • RISK AND TITLE (a) Risk of damage to or loss of Products will pass to Customer (i) upon delivery by Signify to Customer in accordance with the applicable INCOTERM; or (ii) in the event that Signify Installs Products on-site, unless agreed otherwise, upon delivery on-site. (b) Legal title to Products will pass to Customer only when Signify (or its financiers) has received payment for such Products in full and, to the extent permitted by applicable law, Signify received payment in full of all other amounts due by Customer under any other agreement with Signify (or any of its affiliates). Until legal title to Products has passed to Customer, Customer shall (i) not assimilate, transfer or pledge any of the Products, or grant any right or title in the Products to any third party, except in the normal course of business and against payment or subject to retention of title; and (ii) ensure that the Products remain identifiable as Products owned by Signify. In the event of breach by Customer, Signify may require that Customer return to Signify, at Customer’s cost (including costs for de-installation), all Products in which the title has not yet passed and Customer shall fully cooperate to enable Signify to collect such Products and grant Signify (or its representative) free access to the location of the Products, and other equipment supplied and/or used by Signify in the performance of Services.

  • 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.

  • Place of Delivery and Governing Law This Agreement shall be deemed in effect when a fully executed counterpart thereof is received by the Seller in the State of New York and shall be deemed to have been made in the State of New York. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REFERENCE TO ITS CONFLICT OF LAW PROVISIONS (OTHER THAN SECTION 5-1401 OF THE GENERAL OBLIGATIONS LAW), AND THE OBLIGATIONS, RIGHTS AND REMEDIES OF THE PARTIES HEREUNDER SHALL BE DETERMINED IN ACCORDANCE WITH SUCH LAWS.

  • 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.