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. 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:
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. If Jetty fails to timely meet any of its obligations under a Statement of Work where such failure arises out of, relates to, or is in connection with Client’s failure to perform its obligations under this Agree- ment (including failure to pay fees or make advanced payments) or to act when a project under a State- ment of Work requires Client action, Jetty may either (a) extend or modify deadlines for Deliverables under the original Statement of Work, according to Xxxxx’s own business needs; or (b) treat such delay as a Material Change under Section 5.3.1. If Client’s failure to perform its obligations under this Agree- ment are due to a dispute between the parties, then Client and Jetty shall agree to extend or modify the deadline after the dispute has been resolved and such event will not be treated as a material change.
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. 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:
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.
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”):
Client Delays. Client shall use all reasonable efforts to provide needed information, materials and approvals. Any delay by Client will result in a day-for-day extension of the due date for all Deliverables. General Delays: Any delay caused be conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of agreement, power failure, fire, flood, labor disputes, riots, acts of war, terrorism and epidemics. EVALUATION AND ACCEPTANCE Testing: Jukkie Digital Agency will test and correct Deliverables using commercially reasonable efforts before providing Deliverables to Client. Approval Periods: Client shall, within 3 business days after receiving each Deliverable, notify Jukkie Digital Agency in writing of any failure to comply with the specification of the Project Proposal or of any other objections, corrections or changes required. Jukkie Digital Agency shall, within 7 business days of receiving Clients notification, correct and submit a revised Deliverable to Client. Client shall, within 3 business days of receiving a revised Deliverable, either approve the corrected version or make further changes. If after 8 corrections by Jukkie Digital Agency, Client finds the Deliverables are not acceptable, Client may terminate this agreement subject to the termination clauses of this Agreement. If Client fails to provide approval or comments during any approval period, those Deliverables will be considered approved and accepted. All objections, corrections and changes shall be subject to the terms and conditions of this Agreement. Client acknowledges that it is responsible for performing the following in a reasonable and timely manner: (a) Provide Client Content in a form suitable for use in the Deliverables without further preparation by Jukkie Digital Agency, unless otherwise specified in the Project Proposal; (b) Proofread all Deliverables. Client will be charged for correcting errors after the acceptance of any Deliverable; (c) Make decisions regarding other parties.
