Default in delivery Sample Clauses

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.
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Default in delivery. Where a Trading Clearing Participant, in respect of a Novated Contract, fails to deliver securities Securities to the Clearing House by the due settlement day date and in the manner as prescribed under the Exchange Rules, the Clearing House may: (a) in the case of sSecurities sold in board lots (as defined in the Exchange Rules) (―Board Lot Securities‖), advise the Exchange to institute buying-in against the Trading Clearing Participant concerned on the Market Day following the due date to the Clearing House in accordance with Rule 5.2Athe Exchange Rules; or (b) resort to any other mode of making good the default in delivery by the Trading Clearing Participants pursuant to the relevant Exchange Rules or in any other manner as it considers appropriate in the circumstances.
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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.
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Default in delivery. 5.1 If the Supplier does not meet the delivery date specified in the individual order or rolling delivery call-off, the Supplier shall be obliged to indemnify HELLA for any damage caused by the delayed delivery, unless the Supplier can demonstrate that it is not responsible for the delay. If the delivery is a fixed-date purchase, HELLA’s right to demand said delivery shall only expire if HELLA does not assert its right within a period of 30 days after the delivery date. 5.2 In addition if the Supplier has failed to deliver within a last period set by HELLA, or if HELLA is no longer interested in the delivery at a later date, HELLA shall be entitled to cancel the respective order and to receive compensation instead of performance of the delivery. Any possible claims by HELLA for compensation for damage caused by the delay shall remain unaffected by this. If the Supplier is repeatedly in default of delivery, HELLA shall be entitled, after serving the Supplier a warning letter without success, to cancel with immediate effect any orders which at that point in time have not yet been delivered.
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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: (a) in the case of securities sold in board lots (as defined in the Exchange Rules) (“Board Lot Securities”), institute buying-in against the Trading Clearing Participant concerned in accordance with Rule 5.2A; or (b) resort to any other mode of making good the default in delivery by the Trading Clearing Participants pursuant to the relevant Exchange Rules or in any other manner as it considers appropriate in the circumstances.
Sample 1
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. 4.2 If the Supplier is in default, we may – in addition to any further statutory claims – demand liquidated damages equal to 1% of the net price per completed calendar week, but in aggregate not more than 5% of the net price of the goods delivered late. We reserve the right to prove that we actually incurred no damage at all or substantially lesser damage. 4.3 If, following our order, the Supplier establishes that it may supply the ordered Goods only at a higher price, and/or with a longer delivery period, the Supplier may withdraw from the contract for delivery. In such case, the Supplier must compensate us for the difference between its price and the price charged by the substitute supplier, plus any other costs incurred by us for such substitute delivery. We reserve any other, additional claims.
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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.
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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. 7.2 Possible claims for compensation of a damage caused by default in excess of this overall default compensation and all other statutory claims and rights of the customer because of default in delivery shall remain unaffected. These latter claims and rights shall be subject to the restrictions as set out in No. 12 below.
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Related to Default in delivery

  • Default in Payment Any payment not made within ten (10) business days after it is due in accordance with this Agreement shall thereafter bear interest, compounded annually, at the prime rate in effect from time to time at Citibank, N.A., or any successor thereto. Such interest shall be payable at the same time as the corresponding payment is payable.

  • Default in Performance (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) or Article IX.; or (ii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, and in the case of this subsection (b)(ii) only, such failure shall continue for a period of 30 days after the earlier of (x) the date upon which a Responsible Officer of the Borrower or such other Loan Party obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative Agent.

  • Default in Payment of Principal of Loans and Reimbursement Obligations The Borrower shall default in any payment of principal of any Loan or Reimbursement Obligation when and as due (whether at maturity, by reason of acceleration or otherwise).

  • Default in Performance of Certain Covenants Any Borrower or any other Credit Party shall default in the performance or observance of any covenant or agreement contained in Sections 7.1, 7.2 or 7.4(a)(i)(A) or Articles IX or X.

  • Payment of default interest on overdue amounts The Borrower shall pay interest in accordance with the following provisions of this Clause 7 on any amount payable by the Borrower under any Finance Document which the Agent, the Security Trustee or the other designated payee does not receive on or before the relevant date, that is: (a) the date on which the Finance Documents provide that such amount is due for payment; or (b) if a Finance Document provides that such amount is payable on demand, the date on which the demand is served; or (c) if such amount has become immediately due and payable under Clause 19.4, the date on which it became immediately due and payable.

  • Default in Performance of Other Covenants and Conditions The Borrower or any other Credit Party shall default in the performance or observance of any term, covenant, condition or agreement contained in this Agreement (other than as specifically provided for otherwise in this Section) or any other Loan Document and such default shall continue for a period of thirty (30) days after written notice thereof has been given to the Borrower by the Administrative Agent.

  • Post-Default Interest Upon the occurrence, and during the continuance, of any Event of Default, the unpaid principal amount of each Advance shall bear interest at a rate per annum equal at all times to 2% per annum above the rate per annum otherwise required to be paid on such Advance in accordance with subsection (a), (b) or (c) above; provided that any amount of principal which is not paid when due (whether at stated maturity, by acceleration or otherwise) shall bear interest, from the date on which such amount is due until such amount is paid in full, payable on demand, at a rate per annum equal at all times to the greater of (x) 2% per annum above the Base Rate in effect from time to time and (y) 2% per annum above the rate per annum required to be paid on such Advance immediately prior to the date on which such amount became due.

  • Default Interest Upon the occurrence and during the continuance of an Event of Default under Section 6.01(a), the Agent may, and upon the request of the Required Lenders shall, require the Borrower to pay interest (“Default Interest”) on (i) the unpaid principal amount of each Advance owing to each Lender, payable in arrears on the dates referred to in clause (a)(i) or (a)(ii) above, at a rate per annum equal at all times to 2% per annum above the rate per annum required to be paid on such Advance pursuant to clause (a)(i) or (a)(ii) above and (ii) to the fullest extent permitted by law, the amount of any interest, fee or other amount payable hereunder that is not paid when due, from the date such amount shall be due until such amount shall be paid in full, payable in arrears on the date such amount shall be paid in full and on demand, at a rate per annum equal at all times to 2% per annum above the rate per annum required to be paid on Base Rate Advances pursuant to clause (a)(i) above; provided, however, that following acceleration of the Advances pursuant to Section 6.01, Default Interest shall accrue and be payable hereunder whether or not previously required by the Agent.

  • Action if Other Event of Default If any Event of Default (other than any Event of Default described in clauses (b) through (d) of Section 8.1.5 with respect to the Borrower) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Facility Agent, upon the direction of the Required Lenders, shall by notice to the Borrower declare all of the outstanding principal amount of the Loan and other Obligations to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of the Loan and other Obligations shall be and become immediately due and payable, without further notice, demand or presentment, and/or, as the case may be, the Commitments shall terminate.

  • Default in Other Agreements (i) Failure by Holdings, the Borrower or any of its Restricted Subsidiaries to pay when due any principal of or interest on or any other amount payable in respect of one or more items of Indebtedness (other than Indebtedness referred to in clause (a) above) with an aggregate outstanding principal amount exceeding the Threshold Amount, in each case beyond the grace period, if any, provided therefor; or (ii) breach or default by Holdings, the Borrower or any of its Restricted Subsidiaries with respect to any other term of (A) one or more items of Indebtedness with an aggregate outstanding principal amount exceeding the Threshold Amount or (B) any loan agreement, mortgage, indenture or other agreement relating to such item(s) of Indebtedness (other than, for the avoidance of doubt, with respect to Indebtedness consisting of Hedging Obligations, termination events or equivalent events pursuant to the terms of the relevant Hedge Agreement which are not the result of any default thereunder by any Loan Party or any Restricted Subsidiary), in each case beyond the grace period, if any, provided therefor, if the effect of such breach or default is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause, such Indebtedness to become or be declared due and payable (or redeemable) prior to its stated maturity or the stated maturity of any underlying obligation, as the case may be; provided that clause (ii) of this paragraph (b) shall not apply to secured Indebtedness that becomes due as a result of the voluntary sale or transfer of the property securing such Indebtedness if such sale or transfer is permitted hereunder; provided, further, that any failure described under clauses (i) or (ii) above is unremedied and is not waived by the holders of such Indebtedness prior to any termination of the Commitments or acceleration of the Loans pursuant to this Article VII; or

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