IN DELIVERY Sample Clauses

IN DELIVERY. Unless otherwise agreed in writing, time is of the essence, and all deliveries shall be made strictly in accordance with the delivery schedule set out in the Purchase Order. Any extension of time for delivery agreed to by AMRI shall relate only to the extension in question and shall not be deemed a waiver of AMRI’s rights to delivery on any agreed upon revised delivery date. If, for any reason, Seller fails to substantially comply with AMRI’s delivery schedule, AMRI, at its option, may either approve a revised delivery schedule or may terminate the Purchase Order in accordance with Section 17. Seller shall notify AMRI of any delays in shipping time. In the event of any variation of the delivery schedule without AMRI’s prior written consent, or failure to supply in accordance with the Purchase Order, Seller shall be liable for all resulting losses/damages, including but not limited to, excess costs incurred in procuring the ordered items from an alternative source and production losses. In addition, AMRI is entitled to recover from Seller two percent (2%) of the applicable Purchase Order cost for every day that delivery is delayed more than five (5) days. TRANSPORTATION: Deliverables shall be shipped DDP AMRI’s facility (Incoterms, 2010), unless otherwise specified in the Purchase Order. Seller herein represents that the Deliverables ordered by the purchaser are shipped in containers and bearing labels, if necessary, which conform to as applicable, US, state and local regulations for the packaging, labeling and transport of hazardous materials or the regulations of internationally recognized laws and standards for the packaging, labeling and transport of hazardous materials in effect at the time of shipment.
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IN DELIVERY. The parties acknowledge and agree that the manufacture of THC is a complicated process and that unexpected problems can arise during its production. Such problems can include, but are not limited to, total or partial failure of batches, shortages in batches, inability to manufacture or deliver the product or delays in such manufacture or delivery (whether caused by inability or delay in obtaining approvals from the DEA or other regulatory agencies or caused by other factors), and the inability to obtain raw materials. NORAC will use commercially reasonable efforts in meeting agreed production and delivery schedules for the product as provided in this Agreement and in all construction and manufacturing activities under this Agreement. NORAC will not be liable for any damages of any nature or character whatsoever (including, but not limited to any increased cost of obtaining replacement product, lost profits, and incidental and consequential damages) suffered by UNIMED by reason of the failure of NORAC to manufacture and deliver the product in the amounts and at the times agreed upon by the parties; provided, however, that the sole and exclusive remedies of UNIMED shall be as provided in Section 7.3 hereof and the remaining sentences of this Section 2, to the extent that each is applicable. In the event that at least two-thirds (2/3) of the full amount of product ordered by UNIMED is not delivered within ninety (90) days (or such longer period as UNIMED approves in writing) after the delivery date specified for such order, there shall be refunded to UNIMED, as its sole remedy, all installment payments made for product not delivered. NORAC will keep UNIMED informed of any potential delays in delivery and the parties agree to discuss possible mutually agreeable solutions to any such problems. UNIMED may, at its option, elect to extend any delivery period in writing. If such failure to deliver at least two-thirds (2/3) of the full amount of product is due to NORAC's material breach of its obligation to make a commercially reasonable effort to produce and deliver the product (subject to Section 10.5), the sole remedy (in addition to a refund on installment payments for THC not delivered and the remedy provided by Section 7.3 below) which UNIMED shall have, in law or in equity, is that UNIMED, at its option, may terminate this Agreement by notification to NORAC within thirty (30) days after such ninety (90) day period.
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IN DELIVERY. IN shall provide to TWIN access to any readily available ----------- historical market or test data Related to TWIN Business existing as of the Effective Date. IN shall deliver to TWIN, as soon as reasonably practicable after the Effective Date, a copy of each IN Patent, and records related to filings and approvals thereof. IN shall deliver to TWIN, as soon as reasonably practicable after the Approval Date, such documents and other information necessary, in IN's reasonable determination, to enable TWIN to perform its obligations, if any, under Sections 12.4 ("Enforcement in the Territory") and 7.2 ("NTN Transactions"), which documents and information shall be deemed the Confidential Information of IN except to the extent such information is excluded from the definition of Confidential Information pursuant to Section 11.1 ("Non- disclosure; Non-use").
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IN DELIVERY. Quoted shipping date is approximate and time is not deemed of the essence. Prior to shipment Seller shall notify Buyer of estimated shipping date. If Seller is unable to perform due to causes it deems beyond its reasonable control, Seller may allocate production and deliveries among Seller’s customers or may terminate part or all of this order without further liability. If Seller fails to ship within 180 days after originally scheduled shipping date due to delay not excusable as hereinabove defined, Buyer may give Seller a written notice of termination. If Seller fails to ship Goods within 10 days after date of Seller’s receipt of buyer’s notice of termination, this Agreement shall be terminated without further liability (except for refund of any partial payment) AS BUYER’S SOLE AND EXCLUSIVE REMEMDY. SELLER SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM DELAYS IN SHIPMENT OR FAILURE TO SHIP.
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IN DELIVERY. Seller shall not be liable for failure or delay in delivery to Dealer of Infiniti Products which Seller has previously agreed to deliver to Dealer where such failure or delay is due to cause or causes beyond the control or without the fault or negligence of Seller. C.
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Related to IN DELIVERY

  • Delay in Delivery The Seller must deliver the Products to the Company within the schedules as prescribed in the Order or as agreed in the Contract. If the Products are not delivered on the due date then, without prejudice to any other rights which it may have under the Terms and Conditions, the Company reserves the right to: cancel the Order in whole or in part; refuse to accept any subsequent delivery of the Products which the Seller attempts to make; recover from the Seller any expenditure reasonably incurred by the Company in obtaining the Products in substitution from another supplier; and claim damages for any additional costs, losses or expenses incurred by the Company which are in any way attributable to the Seller’s failure to deliver the Products on the due date.

  • Closing; Delivery (a) The purchase and sale of the Shares shall take place remotely via the exchange of documents and signatures, at such time and place as the Company and the Purchaser mutually agree upon, orally or in writing (which time and place are designated as the “Closing”).

  • Share Delivery Delivery of any shares in connection with settlement of the Award will be by book-entry credit to an account in the Grantee’s name established by the Company with the Company’s transfer agent, or upon written request from the Grantee (or his personal representative, beneficiary or estate, as the case may be), in certificates in the name of the Grantee (or his personal representative, beneficiary or estate).

  • Late Delivery Supplier shall give DXC prompt notice of any prospective failure to ship Products or provide Services on the delivery date specified by DXC (the “Delivery Date”).

  • Deemed Delivery Unless shown to have been received earlier, such notice, instruction or other instrument shall be deemed to have been delivered, in the case of personal delivery, at the time it is left at the premises of the party, in the case of a registered letter at the expiration of five (5) business days after posting and, in the case of fax or electronic means, immediately on dispatch; provided that, if any document is sent by fax or electronic means outside normal business hours, it shall be deemed to have been received at the next time after delivery when normal business hours commence. Evidence that the notice, instruction, or other instrument was properly addressed, stamped, and put into the post shall be conclusive evidence of posting. In proving the service of notice sent by fax or electronic means it shall be sufficient to prove that the fax or electronic communication was properly transmitted.

  • Closings Delivery (a) The purchase, sale and issuance of the Shares shall take place at one or more closings (each of which is referred to in this Agreement as a “Closing”). The initial Closing (the “Initial Closing”) shall take place remotely via the exchange of documents and signatures on the date hereof, or at such other time and place as the Company and the Purchasers representing a majority of the Shares to be sold in the Initial Closing mutually agree upon, orally or in writing.

  • DATE OF DELIVERY OF PUT NOTICE A Put Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by Investor if such notice is received on or prior to 12:00 noon New York time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon New York time on a Trading Day or at anytime on a day which is not a Trading Day.

  • Telecopy Execution and Delivery A facsimile, telecopy or other reproduction of this Agreement may be executed by one or more parties hereto and delivered by such party by facsimile or any similar electronic transmission device pursuant to which the signature of or on behalf of such party can be seen. Such execution and delivery shall be considered valid, binding and effective for all purposes. At the request of any party hereto, all parties hereto agree to execute and deliver an original of this Agreement as well as any facsimile, telecopy or other reproduction hereof.

  • Authentication, Delivery and Dating The Securities and any coupons appertaining thereto shall be executed on behalf of the Company by its Chairman of the Board, its President or one of its Vice Presidents, under its corporate seal reproduced thereon, and attested by its Secretary or one of its Assistant Secretaries. The signature of any of these officers on the Securities and coupons may be manual or facsimile signatures of the present or any future such authorized officer and may be imprinted or otherwise reproduced on the Securities. Securities or coupons bearing the manual or facsimile signatures of individuals who were at any time the proper officers of the Company shall bind the Company, notwithstanding that such individuals or any of them have ceased to hold such offices prior to the authentication and delivery of such Securities or did not hold such offices at the date of such Securities or coupons. At any time and from time to time after the execution and delivery of this Indenture, the Company may deliver Securities of any series, together with any coupon appertaining thereto, executed by the Company to the Trustee for authentication, together with a Company Order for the authentication and delivery of such Securities, and the Trustee in accordance with the Company Order shall authenticate and deliver such Securities; PROVIDED, HOWEVER, that, in connection with its original issuance, no Bearer Security shall be mailed or otherwise delivered to any location in the United States; and PROVIDED FURTHER that, unless otherwise specified with respect to any series of Securities pursuant to Section 301, a Bearer Security may be delivered in connection with its original issuance only if the Person entitled to receive such Bearer Security shall have furnished a certificate to Euroclear or CEDEL, as the case may be, in the form set forth in Exhibit B-1 to this Indenture or such other certificate as may be specified with respect to any series of Securities pursuant to Section 301, dated no earlier than 15 days prior to the earlier of the date on which such Bearer Security is delivered and the date on which any temporary Security first becomes exchangeable for such Bearer Security in accordance with the terms of such temporary Security and this Indenture. If any Security shall be represented by a permanent global Bearer Security, then, for purposes of this Section and Section 304, the notation of a beneficial owner's interest therein upon original issuance of such Security or upon exchange of a portion of a temporary Global Security shall be deemed to be delivery in connection with its original issuance of such beneficial owner's interest in such permanent Global Security. Except as permitted by Section 306, the Trustee shall not authenticate and deliver any Bearer Security unless all appurtenant coupons for interest then matured have been detached and canceled. If all the Securities of any series are not to be issued at one time and if the Board Resolution or supplemental indenture establishing such series shall so permit, such Company Order may set forth procedures acceptable to the Trustee for the issuance of such Securities and determining the terms of particular Securities of such series, such as interest rate or formula, maturity date, date of issuance and date from which interest shall accrue. In authenticating such Securities, and accepting the additional responsibilities under this Indenture in relation to such Securities, the Trustee shall be entitled to receive, and (subject to TIA Section 315(a) through 315(d)) shall be fully protected in relying upon,

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