Common use of Delay and Default Clause in Contracts

Delay and Default. 15.14.1 The Supplier undertakes to keep the Contracting Company informed of circumstances which result or may potentially result in delay in the delivery of Products. 15.14.2 Failure by the Supplier in delivering any Product on or before the relevant Delivery Date for such Product to the Contracting Company shall entitle the Contracting Company to claim from the Supplier liquidated damages in respect of each of such failure as follows: the sum equivalent to [one per cent (1%)] of the relevant costs for such Product for each day of delay (including Sundays and public holidays) or part thereof after the relevant deadline up to:‌ (i) the date of actual delivery; or (ii) in case of non-delivery, the date of termination with respect to such Product, subject to a maximum of [ten per cent (10%)] of the relevant costs for such Product, without prejudice to any other liability or obligation of the Supplier under the relevant Statement of Work. The Supplier and the Contracting Company accept and agree that the aforesaid is a genuine pre-estimate of the loss that would be suffered by the Contracting Company resulting from or in connection with the Supplier’s late delivery, taking into account all relevant considerations, including the disruptions caused to the Contracting Company’s operations and the possible costs in sourcing for substitute sources before the late delivery was effected. 15.14.3 Such liquidated damages shall be paid to the Contracting Company not later than [thirty (30) days] from the date of issuance of the Contracting Company's written notification to the Supplier informing the Supplier of the amount of liquidated damages payable. the Contracting Company shall be entitled to deduct a sum equivalent to the liquidated damages payable and/or any payment due to the Contracting Company under Clause 15.14.2 from any monies due or to become due to the Supplier failing which the liquidated damages and/or such payments shall be a debt due from the Supplier to the Contracting Company. The Contracting Company shall be entitled to charge interest on any delayed payment by the Supplier at the rate of [eight per cent (8%) per annum] or the maximum rate of interest permitted by law, if lower. 15.14.4 If the Supplier fails to deliver the Products in accordance with the relevant Statement of Work or the Products are rejected by the Contracting Company or the relevant Statement of Work is terminated for cause by the Contracting Company: (i) the Supplier shall use its best endeavours to source for and/or procure substitute or alternative products for the Contracting Company’s consideration provided that the Contracting Company has the sole discretion whether to accept (subject to any such conditions or restrictions as determined by the Contracting Company) such substitute or alternative products; and (ii) in addition, the Contracting Company shall be entitled, without prejudice to its accrued rights against the Supplier for failure of or late delivery, to obtain (including to purchase, consign, or otherwise) similar products from other sources and in such event to reject late delivery of Products in favour of delivery by such substitute source, and all additional costs in obtaining such products from alternative sources, including administrative costs and any positive price differential for such Products or such generic substitute or alternatives thereto accepted by the Contracting Company, shall be borne by the Supplier.‌ 15.14.5 The obligations of the Supplier under this Clause 15.14 will survive the expiry or termination of the relevant Statement of Work.

Delay and Default. 15.14.1 14.8.1 The Supplier undertakes to keep the Contracting Company informed of circumstances which result or may potentially result in delay in the delivery of Productsthe Deliverables. 15.14.2 14.8.2 Failure by the Supplier in delivering any Product Deliverable on or before the relevant Delivery Date for such Product Deliverable to the Contracting Company shall entitle the Contracting Company to claim from the Supplier liquidated damages in respect of each of such failure as follows: the sum equivalent to [one per cent (1%)] of the relevant costs for such Product Deliverable for each day of delay (including Sundays and public holidays) or part thereof after the relevant deadline up to:‌to: (i) the date of actual delivery; or (ii) in case of non-delivery, the date of termination with respect to such ProductDeliverables, subject to a maximum of [ten per cent (10%)] of the relevant costs for such ProductDeliverable, without prejudice to any other liability or obligation of the Supplier under the relevant Statement of Work. The Supplier and the Contracting Company accept and agree that the aforesaid is a genuine pre-estimate of the loss that would be suffered by the Contracting Company resulting from or in connection with the Supplier’s late delivery, taking into account all relevant considerations, including the disruptions caused to the Contracting Company’s operations and the possible costs in sourcing for substitute sources before the late delivery was effected. 15.14.3 14.8.3 Such liquidated damages shall be paid to the Contracting Company not later than [thirty (30) days] from the date of issuance of the Contracting Company's ’s written notification to the Supplier informing the Supplier of the amount of liquidated damages payable. the The Contracting Company shall be entitled to deduct a sum equivalent to the liquidated damages payable and/or any payment due to the Contracting Company under Clause 15.14.2 14.8.2 from any monies due or to become due to the Supplier failing which the liquidated damages and/or such payments shall be a debt due from the Supplier to the Contracting Company. The Contracting Company shall be entitled to charge interest on any delayed payment by the Supplier at the rate of [eight per cent cent. (8%) per annum] or the maximum rate of interest permitted by law, if lower. 15.14.4 14.8.4 If the Supplier fails to deliver the Products Deliverables in accordance with the relevant Statement of Work or the Products Deliverables are rejected by the Contracting Company or the relevant Statement of Work is terminated for cause by the Contracting Company:Company:‌ (i) the The Supplier shall use its best endeavours to source for and/or procure substitute or alternative products equipment for the Contracting Company’s consideration provided that the Contracting Company has the sole discretion whether to accept (subject to any such conditions or restrictions as may be determined by the Contracting Company) such substitute or alternative productsequipment; and (ii) in addition, the Contracting Company shall be entitled, without prejudice to its accrued rights against the Supplier for failure of or late delivery, to obtain (including to purchase, consign, purchase or otherwise) similar products equipment from other sources and in such event to reject late delivery of Products the Deliverables in favour of of‌ delivery by such substitute source, and all additional costs in obtaining such products equipment from alternative sources, including administrative costs and any positive price differential for such Products Deliverables or such generic substitute or alternatives thereto accepted by the Contracting Company, shall be borne by the Supplier.‌Supplier. 15.14.5 14.8.5 The obligations of the Supplier under this Clause 15.14 14.8 will survive the expiry or termination of the relevant Statement of Work.

Delay and Default. 15.14.1 13.5.1 The Supplier undertakes to keep the Contracting Company informed of circumstances which result or may potentially result in delay in the delivery of Products.Deliverables.‌ 15.14.2 13.5.2 Failure by the Supplier in delivering any Product Deliverable on or before the relevant Delivery Date for such Product Deliverable to the Contracting Company shall entitle the Contracting Company to claim from the Supplier liquidated damages in respect of each of such failure as follows: the sum equivalent to [one per cent (1%)] ) of the relevant costs for such Product Deliverable for each day of delay (including Sundays and public holidays) or part thereof after the relevant deadline up to:‌to: (i) the date of actual delivery; or (ii) in case of non-delivery, the date of termination with respect to such ProductDeliverables, subject to a maximum of [ten per cent (10%)] ) of the relevant costs for such ProductDeliverable, without prejudice to any other liability or obligation of the Supplier under the relevant Statement of Work. The Supplier and the Contracting Company accept and agree that the aforesaid is a genuine pre-estimate of the loss that would be suffered by the Contracting Company resulting from or in connection with the Supplier’s late delivery, taking into account all relevant considerations, including the disruptions caused to the Contracting Company’s operations and the possible costs in sourcing for substitute sources before the late delivery was effected. 15.14.3 13.5.3 Such liquidated damages shall be paid to the Contracting Company not later than [thirty (30) days] from the date of issuance of the Contracting Company's written notification to the Supplier informing the Supplier of the amount of liquidated damages payable. the The Contracting Company shall be entitled to deduct a sum equivalent to the liquidated damages payable and/or any payment due to the Contracting Company under Clause 15.14.2 13.5.1 from any monies due or to become due to the Supplier failing which the liquidated damages and/or such payments shall be a debt due from the Supplier to the Contracting Company. The Contracting Company shall be entitled to charge interest on any delayed payment by the Supplier at the rate of [eight per cent (8%) per annum] or the maximum rate of interest permitted by law, if lower. 15.14.4 13.5.4 If the Supplier fails to deliver the Products Deliverables in accordance with the relevant Statement of Work or the Products Deliverables are rejected by the Contracting Company or the relevant Statement of Work is terminated for cause by the Contracting Company:Company:‌ (i) the Supplier shall use its best endeavours to source for and/or procure substitute or alternative products for the Contracting Company’s consideration provided that the Contracting Company has the sole discretion whether to accept (subject to any such conditions or restrictions as determined by the Contracting Company) such substitute or alternative products; and (ii) in addition, the Contracting Company shall be entitled, without prejudice to its accrued rights against the Supplier for failure of or late delivery, to obtain (including to purchase, consign, or otherwise) similar products from other sources and in such event to reject late delivery of Products the Deliverables in favour of delivery by such substitute source, and all additional costs in obtaining such products from alternative sources, including administrative costs and any positive price differential for such Products Deliverables or such generic substitute or alternatives thereto accepted by the Contracting Company, shall be borne by the Supplier.‌ 15.14.5 13.5.5 The obligations of the Supplier under this Clause 15.14 13.5 will survive the expiry or termination of the relevant Statement of Work.

Delay and Default. 15.14.1 ‌ 17.9.1 The Supplier undertakes to keep the Contracting Company informed of circumstances which result or may potentially result in delay in the delivery of ProductsEquipment. 15.14.2 17.9.2 Failure by the Supplier in delivering any Product Equipment on or before the relevant Delivery Date for such Product Equipment to the Contracting Company shall entitle the Contracting Company to claim from the Supplier liquidated damages in respect of each of such failure as follows: the sum equivalent to [one per cent (1%)] of the relevant costs for such Product Equipment for each day of delay (including Sundays and public holidays) or part thereof after the relevant deadline up to:‌ (i) the date of actual delivery; or (ii) in case of non-delivery, the date of termination with respect to such ProductEquipment, subject to a maximum of [ten per cent (10%)] of the relevant costs for such ProductEquipment, without prejudice to any other liability liabilities or obligation obligations of the Supplier under the relevant Statement of Work. The Supplier and the Contracting Company accept and agree that the aforesaid is a genuine pre-estimate of the loss that would be suffered by the Contracting Company resulting from or in connection with the Supplier’s late delivery, taking into account all relevant considerations, including the disruptions caused to the Contracting Company’s operations and the possible costs in sourcing for substitute sources before the late delivery was effected. 15.14.3 17.9.3 Such liquidated damages shall be paid to the Contracting Company not later than [thirty (30) days] from the date of issuance of the Contracting Company's written notification to the Supplier informing the Supplier of the amount of liquidated damages payable. the The Contracting Company shall be entitled to deduct a sum equivalent to the liquidated damages payable and/or any payment due to the Contracting Company under Clause 15.14.2 17.9.2 from any monies due or to become due to the Supplier failing which the liquidated damages and/or such payments shall be a debt due from the Supplier to the Contracting Company. The Contracting Company shall be entitled to charge interest on any delayed payment by the Supplier at the rate of [eight per cent cent. (8%) per annum] or the maximum rate of interest permitted by law, if lower. 15.14.4 If the Supplier fails to deliver the Products in accordance with the relevant Statement of Work or the Products are rejected by the Contracting Company or the relevant Statement of Work is terminated for cause by the Contracting Company: (i) the Supplier shall use its best endeavours to source for and/or procure substitute or alternative products for the Contracting Company’s consideration provided that the Contracting Company has the sole discretion whether to accept (subject to any such conditions or restrictions as determined by the Contracting Company) such substitute or alternative products; and (ii) in addition, the Contracting Company shall be entitled, without prejudice to its accrued rights against the Supplier for failure of or late delivery, to obtain (including to purchase, consign, or otherwise) similar products from other sources and in such event to reject late delivery of Products in favour of delivery by such substitute source, and all additional costs in obtaining such products from alternative sources, including administrative costs and any positive price differential for such Products or such generic substitute or alternatives thereto accepted by the Contracting Company, shall be borne by the Supplier.‌ 15.14.5 17.9.4 The obligations of the Supplier under this Clause 15.14 17.9 will survive the expiry or termination of the relevant Statement of Work.