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. 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. 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. 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 Guarantee 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. Xxxxxxx Xxxxxxxx International nor the Owner or Designee is responsible for any failure or delay in performance resulting from causes beyond their reasonable control. These may include but are not limited to events such as acts of government, court order, civil unrest, sabotage, adverse weather conditions, labor disputes and shortage of materials or services. Xxxxxxxx International, Owner or Owner's Designee will give timely Notice to the other of any such event and will endeavor to avoid or remove the cause and resume performance with minimum delay. The time for delivery will be extended accordingly.
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 Services Commencement Date, including but necessarily limited to costs, taxes, fines and losses which relate to:
Consequences of Delay. In the case of any material failure (an "Actual Delay") or reasonably anticipated material failure (an "Anticipated Delay") of Avecia to supply API meeting the requirements of this Agreement in the quantities and within the time periods specified in any of Genta's Purchase Orders (each, a "Delay"), Avecia shall remedy the Delay and resume supplying API meeting the requirements of this Agreement to Genta as soon as practicable, and, upon Genta's reasonable request, without limiting the Parties' rights and responsibilities under Article 13, fully cooperate with Genta to secure adequate supplies of API from alternative sources for such time as Actual Delay or Anticipated Delay is reasonably expected to exist. Moreover, upon an Actual Delay or Anticipated Delay, Genta (*). Notwithstanding the foregoing, and without limiting Genta's rights under Sections 13.5.4 and 17.2.3, neither any Actual Delay nor Anticipated Delay in the supply API as aforesaid by reason of an Event of Force Majeure nor delivery of amounts of API in compliance with the terms of Section 6.2 (i.e., (*)% or more but less than (*)% of the quantity ordered for delivery in a Delivery Period is supplied but by the end of the calendar quarter Avecia has delivered (*)% of the quantity ordered pursuant to the terms of Section 6.2) nor failure to deliver any Excess Surplus (provided that Avecia has performed as required under Section 5.1.5) shall constitute a Delay for the purposes of this Section 6.8 and the remaining provisions of Article 6.
Consequences of Delay. DSM acknowledges the importance to RELYPSA of consistent timely delivery of Third Party Intermediate and Bulk Drug in accordance with Firm Orders and the associated costs to RELYPSA of untimely deliveries which may result in delays in further processing Bulk Intermediate into Bulk Drug and Bulk Drug into Product and the delivery of finished Product to end users. Furthermore, DSM acknowledges that many of such costs may be difficult or impossible to quantify. Therefore, as liquidated damages and not as a penalty, beginning after DSM has Manufactured [***] MT of Bulk Drug, in the event that less than [***] percent ([***]%) of the Batches of Third Party Intermediate and Bulk Drug Manufactured arising from Campaign(s) in a calendar year are delivered by DSM [***] of the delivery date(s) set forth in the applicable Firm Order (a “Calendar Year Delivery Failure”), then DSM will [***] to RELYPSA in [***] of all of the [***] Third Party Intermediate and Bulk Drug Manufactured during such calendar year. If there is more than one Calendar Year Delivery Failure in [***] period, RELYPSA shall be entitled to terminate this Agreement in accordance with Section 20.3. Failure of a designated shipper to [***] of Third Party Intermediate or Bulk Drug or [***] such shipment despite [***] to such shipper, delays arising from implementation of mutually agreed [***], or [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. any delay resulting from a Force Majeure event, and any delay caused by RELYPSA shall not be included in determining whether a Calendar Year Delivery Failure has occurred and the affected Batch(es) of Third Party Intermediate and/or Bulk Drug shall be [***]. It is agreed by the parties that in the event of a delay in [***] of a Campaign, the above methodology will apply only to such [***] and further [***] which are subsequently produced in time (taking into account the [***]) will be [***].
Consequences of Delay. If the person(s) empowered or selected under Section 2(c) to determine whether Indemnitee is entitled to indemnification shall not have made a determination within 30 days after receipt by the Company of the request therefor, Indemnitee shall be entitled to such indemnification, absent (i) a misstatement by Indemnitee of a material fact, or an omission of a material fact necessary to make Indemnitee’s statement not materially misleading in connection with the request for indemnification, or (ii) a prohibition of such indemnification under applicable law; provided, however, that such 30 day period may be extended for up to an additional 30 days, if the person(s), making the determination in good faith requests such additional time for the obtaining or evaluating documentation and/or information relating thereto; and provided, further, that the foregoing provisions shall not apply if the determination is to be made by the shareholders pursuant to Section 2(d)(1)(D) of this Agreement.
Consequences of Delay. If the Presenter of Capital Investment has failed to effect any payment (e.g., interest) to the Bank in due time, the Bank shall be entitled to indemnification for the arrears of 3% p.a. above the then applicable basic interest rate (as subsequent interest rate of the discount rate, pursuant to the Discount Transitional Act). If the delay exceeded one month, the Bank may recall the full amount of the loan demanding immediate repayment.
