Default in delivery. If Party B fails to provide the products specified in this contract to Party A according to the agreed schedule due to its own reasons (excluding the delay caused by Party A’s new or changed requirements or force majeure), Party A has the right to hold Party B liable for breach of contract. For each day of delay, Party B shall pay a penalty of 0.05% of the paid contract price, and the accumulated penalty shall not exceed the amount of the contract guarantee deposit; If Party A fails to perform the contract according to the agreed schedule due to its own reasons, Party B has the right to hold Party A liable for the losses incurred, such as idle time and travel expenses. The contract guarantee deposit shall not be refunded.
Default in delivery. Where a Trading Clearing Participant, in respect of a Novated Contract, fails to deliver Securities to the Clearing House by the due settlement day and in the manner as prescribed under the Exchange Rules, the Clearing House may:
Default in delivery. In the event Orderer incurs damage due to any default for which we are responsible, Orderer shall be entitled to demand default compensation. For each full week of xx- xxx, such default compensation shall amount to a maximum of 0.5%, however, in to- tal, to no more than a maximum of 5% of the value of the parts not delivered in due time. Any damage beyond such amount shall only be compensated in the events set out in Section X hereof.
Default in delivery. If Patheon fails to deliver the ordered Product (a) free of Defects (subject to Sections 6.2.4 and 6.3), (b) at the agreed place of delivery, (c) at the quantity of the Product ordered pursuant to the Firm Order (subject to Section 4.3.1), (d) within the Delivery Date, provided that (i) the delay was not caused by breach by Nycomed any of its obligations hereunder, and (ii) the delay was not caused by circumstances beyond the control of Patheon as stipulated in Article 17, without prejudice to any other rights or claims Nycomed may have hereunder or under the law, including, without limitation, claims for documented damages exceeding the penalty amount, Nycomed shall, only after having granted Patheon with a grace period of [***] Business Days and within said [***] Business Days Patheon have failed to remedy the default, have the right to demand from Patheon a penalty payment, of [***] per commence day of the delay of the Firm Order value. Any such payment of penalty shall be credited against the ensuing Firm Order.
Default in delivery. 4.1 If the Supplier fails to make delivery, fails to make delivery in sufficient form or quantity or fails to deliver within the agreed delivery period or if the Supplier is in default, our rights – in particular, our rights to rescission and damages – shall be based on the statutory regulations. The provision in No. 4.2 below remains unaffected.
Default in delivery. 7.1 In the event of a default in delivery, Edgetech shall be required to pay an overall default compensation equivalent to 1% of the (net) value of the delivery for each week of default, however with a maximum of 5% of the (net) value of the delivery.
