Consequences of Delay Sample Clauses

Consequences of Delay. In the event that a building permit is not issued and construction commenced within one year from the date of this Agreement, or if the works and facilities contemplated in the Approved Plan(s) are not fully completed within three years from the date of this Agreement, the conditions of approval and provisions of this Agreement will be reviewed and may be subject to revision by the Town by notice in writing to the Developer which revisions shall be accepted and implemented by the Developer.

Consequences of Delay. Unless the Parties agree otherwise, a penalty of 0.3% per day of the amount specified in the Agreement shall accrue if the provision of the Product or parts of the Product is not made within the deadline. However, the penalty shall never exceed 15% of the price specified in the Agreement. If the delay is the result of gross negligence or an intentional act by the Supplier or another person, for whom the Supplier is responsible, the Purchaser shall have the right to demand compensation for any damages incurred as a result of the delay instead of the accrued penalty. The Buyer has the right to immediately terminate the Agreement in the event of a delay. If the Products are manufactured exclusively for the Buyer and the Supplier thus is unable to sell the products without incurring a significant loss, the Purchaser is only entitled to terminate the Agreement if the accrued penalty amounts to the maximum amount or if the delay constitutes a serious breach of contract.

Consequences of Delay. On an OSIP Target by OSIP Target basis, in the event that OSIP has not provided any OSIP Compounds as described in Section 2.3(a) above, for such OSIP Target, during the Term of the Collaboration, then OSIP's rights under Section 4.1(b) will not include any structural data on such OSIP Target.

Consequences of Delay. 20.5.1 Subject to Clause 20.5.2, the Contractor shall be responsible for and shall, for a period from the Planned Services Commencement Date to the earlier of the Services Commencement Date and the Acceptance Longstop Date, indemnify the Authority from and against any and all costs, taxes, fines and losses incurred by the Authority as a direct result of Service Commencement occurring after the Planned Service Commencement Date, including but necessarily limited to costs, taxes, fines and losses which relate to: (a) Landfill Tax; (b) gate fees relating to Landfill (or relating to any other form of disposal used by the Authority); (c) costs relating to haulage and costs and losses arising from disruption of the Authority’s and/or the WCA’s waste collection and transfer arrangements; and (d) LATS Liabilities or liabilities arising from any regime that replaces LATS, but only to the extent such costs, taxes, fines and losses are in excess of the amounts that would have been payable pursuant to this Contract by the Authority to the Contractor had Service Commencement occurred on the Planned Service Commencement Date; 20.5.2 The Authority shall use reasonable endeavours to mitigate such costs. 20.5.3 For the avoidance of doubt, the total liability of the Contractor pursuant to this Clause 20.5 shall be limited to the additional costs, taxes, fines and losses incurred by the Authority in the period between the Planned Service Commencement Date and: (a) the Service Commencement Date; or (b) if earlier, the Acceptance Longstop Date. 20.5.4 For the further avoidance of doubt (and without prejudice to the Authority’s rights inter alia to claim against the Guarantor under the Parent Company Guarantee), if any costs, taxes, fines and/or losses claimed by the Authority pursuant to Clause 20.5.1 are due and payable but remain unpaid by the Contractor on or after Service Commencement, then the Authority shall be entitled pursuant to Clause 46 (Set Off) to set off the amount of such costs, taxes, fines and/or losses owed to it by the Contractor against any amount due to the Contractor under this Contract.

Consequences of Delay. If the Borrower fails to deliver either the Hungarian Guarantee Documents or the Hungarian Loan Reorganization Documents within 90 days following the Restatement Closing Date, then each of the otherwise existing Applicable Base Rate Margin, Applicable Euro-Rate Margin and the Letter of Credit Fee shall in lieu of interest at the Default Rate, be increased by 20 basis points and 120 days thereafter by a further 15 basis points. For greater certainty, the transactions contemplated by the Hungarian Guarantee Documents or the Hungarian Loan Reorganization Documents may be completed notwithstanding any restriction in Article 5 hereof or Section 4.01 or 4.03 of the Co-Steel Guaranty Agreement. In the event of an increase in such rates under this Section, the rates applicable to Loans and Letters of Credit shall revert to the otherwise applicable margin upon delivery of either the Hungarian Guarantee Documents or the Hungarian Loan Reorganization Documents.

Consequences of Delay. Time of delivery shall be of the essence and any failure by the Business Partner to deliver on the agreed date of delivery shall accordingly enable TGR-E (at TGR-E’s option) to withdraw from the individual agreement without prejudice to any other rights and remedies the Business Partner may have in accordance with the individual agreement or the applicable law.

Consequences of Delay. (a) If the Consultant fails to deliver any Deliverables by the due date(s) agreed by both parties as specified in Appendix 4 of this Agreement without reasonable cause, the Consultant shall pay Liquidated and Ascertained Damages (LAD) to the Government for the delay. The period of delay shall be calculated beginning from the scheduled delivery date and ending on the actual date as delivered and submitted to the Government. (b) The LAD shall be computed on a daily basis for each day of delay at every stage of deliverables based on the formula specified under item 10 in Appendix 6 of this Agreement.

Consequences of Delay. 4.1 The Quotation does not include or provide for any extra cost or expenses incurred by the Company if through no fault of the Company it is delayed or prevented from fulfilling its obligations under the Agreement by any act or omission on the part of the Customer or any authorised third party acting on the Customers behalf. 4.2 The following provisions shall apply if performance of the whole or any part of the Agreement is suspended or delayed for a period of up to 28 days through any such act or omission on the part of the Customer including without limitation incomplete or incorrect instructions or any refusal to accept or facilitate a final commissioning of the Project or to permit or facilitate the carrying out of any continued support or hosting of the Project by the Company. 4.3 The Company shall in that event be entitled to payment for any costs incurred by the Company with third parties and at which ever is the higher of the Agreement rate or the Company’s then prevailing charging rates for any additional work undertaken by the Company in designing, commissioning and/or supporting the Project over and above any such work anticipated and provided for in the Specification and Quotation. 4.4 If the Customer fails to accept or unreasonably obstructs or prevents the commissioning or continued support or hosting of the Project within 28 days of written notification from the Company that it is in a position to supply the same the Company shall be entitled (without prejudice to its other remedies under the Agreement for such breach) to terminate this Agreement on 7 days written notice to the Customer.

Consequences of Delay. AMS shall utilize all best commercial efforts in order to remedy the anticipated delay, to expedite the Delivery and give highest priority and attention to the matter, including the engagement and involvement of senior management. If AMS is more than seven (7) days late in Delivery of the Products to the Delivery Point, AMS shall be liable for late Delivery charges of 1% per week (at the end of each week starting from the second week). This will be applicable only in a case where Nexus Telocation will show AMS that damage was caused.

Consequences of Delay. AMS shall utilize all best commercial efforts in order to remedy the anticipated delay, to expedite the Delivery and give highest priority and attention to the matter, including the engagement and involvement of senior management. If AMS is unable to deliver NexusData products Freight on Board at the Israeli port at least six weeks prior to the scheduled delivery date, it shall at its cost airfreight the products to the scheduled delivery point. AMS shall bear all incremental costs, including without limitation, for the expedited Delivery and costs for overtime. Notwithstanding the above, NEXUS Data hereby declares that it will not demand delivery by way of airfreight unless commercially needed, such determination to be made at NEXUS Data’s sole discretion. In addition, and without derogating from other remedies available to NEXUS Data under this Agreement and/or applicable law, AMS shall be liable for late Delivery charges equal to penalties assessed against Nexus Data by its customer as described in Article II and Article VIII of the NEXUS Data IMServe Purchase and License Agreement, a copy of which is attached as Schedule A hereto. It is agreed that NEXUS Data will not penalize AMS for delay of the first supply of up to 30 days resulting from deficiency of components. 1. Appendix 3 - Unique Components: NEXUS Telocation to submit by March 1, 2002 2. Appendix 5 - Purchase Order Form: NEXUS Data to provide by January 17, 2002 3. Appendix 7 - Initial Inventory Purchase: NEXUS Data to complete purchase by January 31, 2002 4. Appendix 7 and 7A - Initial Inventory Purchase: NEXUS Telocation to provide within one (1) week of request by AMS 5. Appendix 13 - QVL/AVL (B.O.M. With Manufacturers/Vendors): NEXUS Telocation to provide by February 1, 2002 6. AMS to provide summary of insurance coverage and amounts in accordance with Section 18.4 within one (1) week from the date this Agreement is signed. 7. NEXUS to provide AMS with the Letter of Instructions to the Escrow Agent within one (1) week from the date this Agreement is signed.