Buyer Caused Delays Sample Clauses

Buyer Caused Delays. If the timely performance of this Part A of the Agreement is delayed or disrupted by any action or omission on the part of Buyer in violation of Buyer’s obligations under this Part A of the Agreement or the Part B of the Agreement, or any failure or delay on the part of Buyer to perform such obligations (a “Buyer Caused Delay”), then (i) the Programme shall be equitably adjusted by adding the additional days necessary to recover any delay caused by such Buyer Caused Delay; and (ii) Buyer shall reimburse Seller for Seller’s documented cost incurred by reason of such Buyer Caused Delay, this being without prejudice to Seller’s rights pursuant to other provisions of this Part A of the Agreement. If the performance of this Part A of the Agreement or the Part B of the Agreement (up to and including Take Over of the Wind Farm) is suspended for more than three (3) months due to a Buyer Caused Delay, Seller shall have the right to use the Equipment in other projects. Notwithstanding this, both Seller and Servicer shall be respectively obliged to perform this Part A of the Agreement and the Part B of the Agreement in accordance with a revised Programme, in the preparation of which the time periods for delivery and completion of works contemplated in the original Programme shall fully apply but taking as a starting point the moment at which Buyer requests resumption of performance. If the performance of this Part A of the Agreement or the Part B of the Agreement (up to and including Take Over of the Wind Farm) is suspended for more than five (5) months due to a Buyer Caused Delay, Seller shall have the right to terminate this Part A of the Agreement by notice to Buyer and claim for all costs incurred by Seller in connection with this Part A of the Agreement, including (i) any costs incurred in recovering the possession, dismantling (if applicable), transporting back to the Point of Delivery and refurbishing the Equipment for its commercialisation; and (ii) the documented damages and losses suffered by Seller.
Sample 1
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Buyer Caused Delays. If the timely performance of this Part B of the Agreement is delayed or disrupted by any action or omission on the part of Buyer in violation of Buyer’s obligations under this Part B of the Agreement or the Part A of the Agreement, or any failure or delay on the part of Buyer to perform such obligations (a “Buyer Caused Delay”), then (i) the Programme shall be equitably adjusted by adding the additional days necessary to recover any delay caused by such Buyer Caused Delay; and (ii) Buyer shall reimburse Servicer for Servicer’s documented cost incurred by reason of such Buyer Caused Delay, this being without prejudice to Servicer’s rights pursuant to other provisions of this Part B of the Agreement. In accordance with Article 4.7 of the Part A of the Agreement, if the performance of this Part B of the Agreement or the Part A of the Agreement (up to and including Take Over of the Wind Farm) is suspended for more than three (3) months due to a Buyer Caused Delay, Seller shall have the right to use the Equipment in other projects. Notwithstanding this, both Servicer and Seller shall be respectively obliged to perform this Part B of the Agreement and the Part A of the Agreement in accordance with a revised Programme, in the preparation of which the time periods for delivery and completion of works
Sample 1
Buyer Caused Delays. To the extent any of the Excusable Delays constitute BUYER's Delays and the Closing Date is delayed for a period of not less than sixty (60) days after the date that the Closing Date otherwise would have occurred as a result of such BUYER's Delays, the Purchase Price shall also be increased at a daily rate equal to $3,333.00 per day multiplied times the number of days in excess of sixty (60) days that the Closing Date is so delayed by such BUYER's Delays ("Delay Credit"). BUYER AND SELLER AGREE THAT IT WOULD BE IMPRACTICAL AND EXTREMELY DIFFICULT TO ESTIMATE THE DAMAGES THAT SELLER MAY SUFFER ON ACCOUNT OF THE FAILURE OF THE CLOSING DATE TO OCCUR ON A TIMELY BASIS ON ACCOUNT OF THE FAULT OF BUYER OR ITS CONTRACTORS, AGENTS AND EMPLOYEES. THEREFORE, BUYER AND SELLER AGREE THAT THE DELAY CREDIT INCREASE OF THE PURCHASE PRICE PROVIDED IN THIS SECTION REPRESENTS A FAIR AND REASONABLE ESTIMATE OF SELLER'S DAMAGES UNDER THE PROVISIONS OF SECTIONS 1671, 1676 AND 1677 OF THE CALIFORNIA CIVIL CODE, AND THAT SELLER SHALL BE ENTITLED TO SUCH DELAY CREDIT AS IT'S SOLE AND EXCLUSIVE REMEDY (EXCEPT FOR PERMITTED INCREASES IN THE DEVELOPMENT COSTS) ON ACCOUNT OF SUCH DELAY AND SELLER OTHERWISE WAIVES ANY RIGHT TO TERMINATE THIS AGREEMENT ON OR BEFORE THE OUTSIDE COMPLETION DATE ON ACCOUNT OF SUCH DELAYS. /s/ JCH /s/ TWT -------------------- -------------------- SELLER'S Initials BUYER's Initials
Sample 1

Related to Buyer Caused Delays

  • Termination for Any Reason Except Death, Disability or Cause If Optionee is Terminated for any reason except Optionee’s death, Disability or Cause, then this Option, to the extent (and only to the extent) that it is vested in accordance with the schedule set forth in Section 2.1 of this Agreement on the date of Termination, may be exercised by Optionee no later than three (3) months after the date of Termination, but in any event no later than the Expiration Date.

  • Constructive Termination The Executive may terminate his employment for Constructive Termination.

  • Termination Due to Death or Permanent Disability If the Employment Period shall be terminated due to death or Permanent Disability of the Executive, the Executive (or his estate or legal representative) shall be entitled solely to the following: (a) Base Salary through the Date of Termination (paid on the Companies’ normal payroll date), and (b) medical benefits as provided in Section 5.05 below. The Executive’s entitlements under any other benefit plan or program shall be as determined thereunder. In addition, promptly following any such termination, the Executive (or his estate or legal representative) shall be reimbursed for all Reimbursable Expenses incurred by the Executive prior to such termination in accordance with Section 4.04 and Section 13.14 herein.

  • Termination Giving Rise to a Termination Payment If there is a Covered Termination by the Executive for Good Reason, or by the Company other than by reason of (i) death, (ii) disability pursuant to Section 11, or (iii) Cause, then the Executive shall be entitled to receive, and the Company shall promptly pay, Accrued Benefits and, in lieu of further base salary for periods following the Termination Date, as liquidated damages and additional severance pay and in consideration of the covenant of the Executive set forth in Section 13(a), the Termination Payment pursuant to Section 8(a).

  • Termination as a Result of Death or Disability The Executive’s employment with the Company shall terminate automatically upon the Executive’s death during the Employment Term. If the Disability of the Executive has occurred during the Employment Term (pursuant to the definition of “Disability” set forth below), the Company may give to the Executive written notice of its intention to terminate the Executive’s employment. In such event, the Executive’s employment with the Company shall terminate effective on the 30th day after receipt of such notice by the Company (the “Disability Effective Date”), provided that, within the 30 days after receipt of notice, the Executive shall not have returned to substantial performance of the Executive’s duties. For purposes of this Agreement, “Disability” shall mean the absence of the Executive from the Executive’s duties with the Company for 120 consecutive days, or a total of 180 days in any 12-month period, as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician jointly selected by the Company and the Executive or the Executive’s legal representative, or, if the parties cannot agree on the selection of such physician then each shall choose a physician and the two physicians shall jointly select a physician to make such binding determination.

  • Termination Due to Disability or Death This Agreement shall terminate automatically upon the appointee’s death. If the appointee is unable to perform his/her essential job functions with or without reasonable accommodation, the University or appointee may terminate this Agreement.

  • TERMINATION FOR DISABILITY OR DEATH (a) Termination of Executive’s employment based on “Disability” shall be construed to comply with Section 409A of the Internal Revenue Code and shall be deemed to have occurred if: (i) Executive is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death, or last for a continuous period of not less than 12 months; (ii) by reason of any medically determinable physical or mental impairment that can be expected to result in death, or last for a continuous period of not less than 12 months, Executive is receiving income replacement benefits for a period of not less than three months under an accident and health plan covering employees of the Bank or the Company; or (iii) Executive is determined to be totally disabled by the Social Security Administration. The provisions of Sections 6(b) and (c) shall apply upon the termination of the Executive’s employment based on Disability. Upon the determination that Executive has suffered a Disability, disability payments hereunder shall commence within thirty (30) days.

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