Buyer Caused Delay. If Buyer fails to perform any obligations under a Purchase Order or otherwise causes a delay in the performance by Supplier of its obligations under a Purchase Order, and such failure or delay results in an increase in Supplier’s costs and/or impacts Supplier’s ability to meet any Supplier milestone in accordance with the schedule contemplated by the applicable Purchase Order, Supplier shall be entitled to a Change Order increasing the price payable under the applicable Purchase Order and extending the date for completion of any Supplier milestones commensurate with such delay and added cost, including overtime charges for labor and equipment. 6.
Appears in 3 contracts
Samples: Storage Core Frame Purchase Agreement (Fluence Energy, Inc.), Equipment and Services Purchase Agreement (Fluence Energy, Inc.), Storage Core Frame Purchase Agreement (Fluence Energy, Inc.)
Buyer Caused Delay. If Buyer fails to perform any obligations under a Purchase Order or otherwise causes a delay in the performance by Supplier of its obligations under a Purchase Order, and such failure or delay results in an increase in Supplier’s costs and/or impacts Supplier’s ability to meet any Supplier milestone in accordance with the schedule contemplated by the applicable Purchase Order, Supplier shall be entitled to a Change Order increasing the price payable under the applicable Purchase Order and extending the date for completion of any Supplier milestones commensurate with such delay and added cost, including overtime charges for labor and equipment. 6.
Appears in 3 contracts
Samples: Core Frame Purchase Agreement (Fluence Energy, Inc.), Equipment and Services Purchase Agreement (Fluence Energy, Inc.), Frame Purchase Agreement (Fluence Energy, Inc.)
