Deemed Delivered Quantity Clause Samples

The 'Deemed Delivered Quantity' clause defines the amount of goods or services that are considered to have been delivered, even if actual physical delivery did not occur as expected. In practice, this clause may apply when delivery is prevented by circumstances beyond the seller's control, such as force majeure events or logistical disruptions, and a specified quantity is contractually recognized as delivered for the purposes of payment or performance obligations. Its core function is to provide certainty and fairness in contractual relationships by ensuring that parties are not penalized for non-delivery due to uncontrollable events, thereby allocating risk and clarifying obligations.
Deemed Delivered Quantity. For the purpose of this Agreement, the aggregate of the following items provided under Clause 5.9.1 to Clause 5.9.2 shall constitute the Deemed Delivered Quantity with respect to a Year:
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Deemed Delivered Quantity. For the purpose of this Agreement, the aggregate of the following items provided under ▇▇▇▇▇▇
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Deemed Delivered Quantity. ‌ For the purpose of this Agreement, the aggregate of the following items provided under ▇▇▇▇▇▇ 6.9.1 to Clause 6.9.2 shall constitute the “Deemed Delivered Quantity” with respect to a Year: 6.9.1 For supply of Coal by Rail:‌ (a) The quantity of the Contracted Grade of Coal not supplied by the Seller owing to omission or failure on the part of the Purchaser to submit in advance the designated rail program(s) to the Seller as per agreed time-table with respect to the Scheduled Quantity in accordance with Clause 9.1. The quantity of the Contracted Grade of Coal not supplied by the Seller owing to cancellation, withdrawal or modification of the rail program(s) by the Purchaser after its submission whether before or after allotment of wagon(s) by railways. (b) The quantity of the Contracted Grade of Coal not supplied by the Seller owing to the Seller exercising the right of suspension of supplies in terms of Clause 15. (c) The quantity of the Contracted Grade of Coal not supplied by the Seller owing to the Purchaser failing or omitting to fulfill the requirements under Clause 13. (d) The quantity of the Contracted Grade of Coal offered by the Seller which is not accepted by the Purchaser.
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Deemed Delivered Quantity. For the purpose of this Agreement, the aggregate of the following items provided under Clause Error! Reference source not found. to Clause Error! Reference source not found.shall constitute the Deemed Delivered Quantity with respect to a Year:
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Deemed Delivered Quantity. For the purpose of this Agreement, the aggregate of the following items provided under Para 3.7.1 of this Annexure C and Para 3.7.2 of this Annexure C shall constitute the Deemed Delivered Quantity. 3.7.1 For supply of Coal by rail i. The quantity of Coal not supplied by the Seller owing to omission or failure on the part of Purchaser to submit the requisite rail programme(s) as per extant procedure with respect to the Scheduled Quantity. ii. The quantity of Coal not supplied by the Seller owing to cancellation, withdrawal or modification of the rail programme(s) by the Purchaser after its submission whether before or after allotment of wagon(s) by railways. iii. The quantity of Coal not supplied by the Seller owing to Purchaser’s failure to pay and/or submit/maintain IRLC or Usance LC, as applicable, in accordance with Para 10.1.2(ii) of this Annexure C. iv. The quantity of Coal not supplied by the Seller owing to Seller exercising the right of suspension of supplies in terms of Para 12 of this Annexure C. v. The quantity of Coal offered by Seller in terms of Clause 4.4 of the Detailed Terms and Conditions of the Fuel Supply Agreement not accepted by the Purchaser. 3.7.2 For Supply of Coal by road/ ropeways/MGR/belt conveyor i. The quantity of Coal not supplied by the Seller owing to the Purchaser’s failure to pay and/or submit IRLC or Usance LC, as applicable, in accordance with Para 10.1.2(ii) of this Annexure C.
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Deemed Delivered Quantity. ‌ For supply of Coal by rail‌ The quantity of Coal not supplied by the Seller owing to omission or failure on the part of Purchaser to submit the requisite rail programme(s) as per extant procedure with respect to the Monthly Scheduled Quantity. The quantity of Coal not supplied by the Seller owing to cancellation, withdrawal or modification of the rail programme(s) by the Purchaser after its submission whether before or after allotment of wagon(s) by railways. For Supply of Coal by road/ ropeways/MGR/belt conveyor‌ The quantity of Coal not supplied by the Seller owing to the Purchaser’s failure to place the requisite number/type of transport at the Delivery Point for delivery of Coal within the validity period of the sale order/delivery order.
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Deemed Delivered Quantity. For the purpose of this Agreement, the aggregate of the following items provided under clause 3.10.1 to 3.10.2 shall constitute the Deemed Delivered Quantity with respect to a Month.
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Related to Deemed Delivered Quantity

  • PRODUCT DELIVERY Delivery must be made as ordered to the address specified on the Purchase Order and in accordance with the terms of the Contract or Contract Award Notice. Unless otherwise specified in the Bid Documents, delivery shall be made within thirty calendar days after receipt of a Purchase Order by the Contractor. The decision of the Commissioner as to compliance with delivery terms shall be final. The burden of proof for delay in receipt of Purchase Order shall rest with the Contractor. In all instances of a potential or actual delay in delivery, the Contractor shall immediately notify the Commissioner and the Authorized User, and confirm in writing the explanation of the delay, and take appropriate action to avoid any subsequent late deliveries. Any extension of time for delivery must be requested in writing by the Contractor and approved in writing by the Authorized User. Failure to meet such delivery time schedule may be grounds for cancellation of the order or, in the Commissioner’s discretion, the Contract.

  • Maximum Share Delivery (i) Notwithstanding any other provision of this Confirmation, the Agreement or the Equity Definitions, in no event will Company at any time be required to deliver a number of Shares greater than two times the Number of Shares (the “Maximum Number of Shares”) to Dealer in connection with the Transaction. (ii) In the event Company shall not have delivered to Dealer the full number of Shares or Restricted Shares otherwise deliverable by Company to Dealer pursuant to the terms of the Transaction because Company has insufficient authorized but unissued Shares (such deficit, the “Deficit Shares”), Company shall be continually obligated to deliver, from time to time, Shares or Restricted Shares, as the case may be, to Dealer until the full number of Deficit Shares have been delivered pursuant to this Section 9(p)(ii), when, and to the extent that, (A) Shares are repurchased, acquired or otherwise received by Company or any of its subsidiaries after the Trade Date (whether or not in exchange for cash, fair value or any other consideration), (B) authorized and unissued Shares previously reserved for issuance in respect of other transactions become no longer so reserved or (C) Company additionally authorizes any unissued Shares that are not reserved for other transactions; provided that in no event shall Company deliver any Shares or Restricted Shares to Dealer pursuant to this Section 9(p)(ii) to the extent that such delivery would cause the aggregate number of Shares and Restricted Shares delivered to Dealer to exceed the Maximum Number of Shares. Company shall immediately notify Dealer of the occurrence of any of the foregoing events (including the number of Shares subject to clause (A), (B) or (C) and the corresponding number of Shares or Restricted Shares, as the case may be, to be delivered) and promptly deliver such Shares or Restricted Shares, as the case may be, thereafter. (iii) Notwithstanding anything to the contrary in the Agreement, this Confirmation or the Equity Definitions, the Maximum Number of Shares shall not be adjusted on account of any event that (x) constitutes a Potential Adjustment Event solely on account of Section 11.2(e)(vii) of the Equity Definitions and (y) is not an event within Company’s control.

  • Share Delivery Delivery of any shares in connection with settlement of the Award will be by book-entry credit to an account in the Grantee’s name established by the Company with the Company’s transfer agent, or upon written request from the Grantee (or his personal representative, beneficiary or estate, as the case may be), in certificates in the name of the Grantee (or his personal representative, beneficiary or estate).

  • Share Deliveries Notwithstanding anything to the contrary herein, Company agrees that any delivery of Shares or Share Termination Delivery Property shall be effected by book-entry transfer through the facilities of DTC, or any successor depositary, if at the time of delivery, such class of Shares or class of Share Termination Delivery Property is in book-entry form at DTC or such successor depositary.

  • Certificate of Adjusted Exercise Price or Number of Shares Whenever an adjustment is made as provided in Sections 11 and 13 hereof, the Company shall promptly (a) prepare a certificate setting forth such adjustment and a brief statement of the facts accounting for such adjustment, (b) file with the Rights Agent and with each transfer agent for the Preferred Shares a copy of such certificate and (c) mail a brief summary thereof to each holder of a Rights Certificate in accordance with Section 26 hereof. Notwithstanding the foregoing sentence, the failure of the Company to make such certification or give such notice shall not affect the validity of such adjustment or the force or effect of the requirement for such adjustment. The Rights Agent shall be fully protected in relying on any such certificate and on any adjustment contained therein and shall not be deemed to have knowledge of such adjustment unless and until it shall have received such certificate.