Client Delays Sample Clauses
Client Delays. If Client causes any delays, such delays may affect the cost, schedule, services and/or Deliverables for the project. Xxxx will inform Client when such delays result in a material increase in Xxxx’x project costs. Xxxx may elect to invoice Client for Professional Services Xxxx has had to re-perform or for resources Xxxx has been unable to reasonably and productively deploy due to the delay.
Client Delays. If the Licensee causes delays in the implementation beyond a reasonable period, Bayer reserves the right to reallocate implementation resources to another Implementation Project. Bayer resource availability would therefore not be guaranteed once the Licensee is ready to reengage or move forward with the Implementation Project
Client Delays. KBI Biopharma has allocated resources to the Services that may be difficult or impractical to reallocate to other programs in the event of a delay attributable to Client’s material failure to comply with its obligations under this Agreement or Client’s written request for delay. In recognition of this, in the event that KBI Biopharma is unable to reasonably reallocate such resources, the Parties shall negotiate in good faith regarding how to address the delay in a commercially reasonable manner.
Client Delays. KBI Biopharma has allocated resources to the Services that may be difficult or impractical to reallocate to other programs in the event of a delay attributable to Client’s failure to comply with its obligations under this Agreement, Client’s written request for delay, or scientific or technical issues related to Client’s Product which are outside of KBI Biopharma’s control. In recognition of this, KBI Biopharma shall be entitled to charge reasonable wind down and restart fees resulting from such delays. Where the Services include manufacturing Services, in the event that Client cancels or postpones a manufacturing run (based on the manufacturing slots reserved for Client in the most recent schedule provided to Client) for any reason other than a material breach of this Agreement by KBI Biopharma, or in the event that a manufacturing run is cancelled or postponed for scientific or technical issues related to Client’s Product which are outside of KBI Biopharma’s control, Client shall pay KBI Biopharma, upon receipt of an invoice, the following amounts, less all amounts already paid to KBI Biopharma for the applicable manufacturing Services:
(i) One hundred percent (75%) of the price of the Services for the applicable manufacturing run if such cancellation or postponement occurs thirty (30) days or fewer prior to the scheduled vial thaw date (as communicated by KBI Biopharma to Client in writing) or at any time following the scheduled vial thaw date;
(ii) Seventy-five percent (50%) of the price of the Services for the applicable manufacturing run if such cancellation or postponement occurs from thirty-one (31) to sixty (60) days prior to the scheduled vial thaw date;
(iii) Fifty percent (25%) of the price of the Services for the applicable manufacturing run if such cancellation or postponement occurs from sixty-one (61) to ninety (90) days prior to the scheduled vial thaw date; or
Client Delays. KBI Biopharma has allocated resources to the Services that may be difficult or impractical to reallocate to other programs in the event of a delay attributable to Client’s failure to comply with its obligations under this Agreement, Client’s written request for delay or scientific or technical issues related to Client’s Product which are outside of KBI Biopharma’s control. In recognition of this, KBI Biopharma shall be entitled to charge reasonable wind down and restart fees resulting from such delayed Services other than the cancellation or postponement of a cGMP manufacturing run, not to exceed [***] of the Services fees in the applicable Proposal (Service fees in the applicable Proposal are to be calculated as fees for the Services that were delayed minus all amounts already paid for the Services that were delayed). Where the Services include manufacturing Services for cGMP batches, in the event that Client cancels or postpones a manufacturing run (based on the manufacturing slots reserved for Client in the most recent schedule provided to Client) for any reason other than a material breach of this Agreement by KBI Biopharma, or in the event that a manufacturing run is cancelled or postponed for scientific or technical issues related to Client’s Product which are outside of KBI Biopharma’s control, Client shall pay KBI Biopharma, upon receipt of an invoice, the following amounts, less all amounts already paid to KBI Biopharma for the applicable manufacturing Services:
(i) [***] of the price of the Services for the applicable manufacturing run if such cancellation or postponement occurs [***] prior to the scheduled vial thaw date (as communicated by KBI Biopharma to Client in writing) or at any time following the scheduled vial thaw date;
(ii) [***] of the price of the Services for the applicable manufacturing run if such cancellation or postponement occurs from [***] prior to the scheduled vial thaw date; or
(iii) [***] of the price of the Services for the applicable manufacturing run if such cancellation or postponement occurs from [***] prior to the scheduled vial thaw date.
(iv) [***] of the price of the Services for the applicable manufacturing run if such cancellation or postponement occurs from [***] prior to the scheduled vial thaw date. [***]
Client Delays. 2.1. If SmartSpace's performance of any of its obligations in respect of the SmartSpace Services is prevented or delayed by any act or omission by the Client or failure by the Client to perform any relevant obligation (“Client Default”):
2.1.1. SmartSpace shall without limiting its other rights or remedies have the right to suspend performance of the SmartSpace Services until the Client remedies the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations to the extent the Client Default prevents or delays SmartSpace's performance of any of its obligations;
2.1.2. SmartSpace shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from SmartSpace's failure or delay to perform any of its obligations as set out in this clause 2.1; and
2.1.3. the Client shall reimburse SmartSpace on written demand for any costs or losses sustained or incurred by SmartSpace arising directly or indirectly from the Client Default.
Client Delays. KBI Biopharma allocates resources to the Services that may be difficult or impractical to reallocate to other programs in the event of a delay attributable to Client’s failure to comply with its obligations under this Agreement, Client’s written request for delay, or scientific or technical issues related to Client’s Product which are outside of KBI Biopharma’s control. In recognition of this, Client and KBI Biopharma will agree in each Proposal to provisions regarding liquidated damage payments as a result of such a delay. Where the Services include manufacturing Services, each Proposal shall contain provisions regarding reservation fees for manufacturing slots and/or liquidated damages in the event that Client cancels or postpones a manufacturing run for any reason other than a material breach of this Agreement by KBI Biopharma, or in the event that a manufacturing run is cancelled or postponed for scientific or technical issues related to Client’s Product which are outside of KBI Biopharma’s control.
Client Delays. The client acknowledges and agrees that the performance of the Services by Consultant depends upon timely performance of all applicable Client obligations and that Consultant will not be liable for delays caused by Client.
Client Delays. KBI Biopharma has allocated resources to the Services that may be difficult or impractical to reallocate to other programs in the event of a delay attributable to Client’s failure to comply with its obligations under this Agreement, Client’s written request for delay, or scientific or technical issues related to a Client Product which are outside of KBI Biopharma’s control. In recognition of this, KBI Biopharma shall be entitled to charge reasonable wind down and restart fees resulting from such delays. Where the Services include the Manufacture of a Client Product, in the event that Client cancels or postpones a cGMP Batch (based on the manufacturing slots reserved for Client in the most recent schedule provided to Client) for any reason other than a material breach of this Agreement by KBI Biopharma, or in the event that a cGMP Batch is cancelled or postponed for scientific or technical issues related to Client’s Client Product which are outside of KBI Biopharma’s control, Client shall pay KBI Biopharma, upon receipt of an invoice, the following amounts, less all amounts already paid to KBI Biopharma for the applicable manufacturing Services:
(i) [***] of the price of the Services for the applicable manufacturing run if such cancellation or postponement occurs [***] or fewer prior to the scheduled vial thaw date (as communicated by KBI Biopharma to Client in writing) or at any time following the scheduled vial thaw date;
(ii) [***] of the price of the Services for the applicable manufacturing run if such cancellation or postponement occurs from [***] to [***] prior to the scheduled vial thaw date; or
(iii) [***] of the price of the Services for the applicable manufacturing run if such cancellation or postponement occurs from [***] to [***] prior to the scheduled vial thaw date.
Client Delays. Sanyati reserves the right to invoice the full quoted price or for work done to date, at their discretion, on any project on which delayed completion is due to the client. This can include but not limited to - delayed project sign-off or delayed supply of material required for the project completion or where no response is received from the client within a reasonable period of time after the supply of proof or concept.