Delay in Delivery. The Seller must deliver the Products to the Company within the schedules as prescribed in the Order or as agreed in the Contract. If the Products are not delivered on the due date then, without prejudice to any other rights which it may have under the Terms and Conditions, the Company reserves the right to: cancel the Order in whole or in part; refuse to accept any subsequent delivery of the Products which the Seller attempts to make; recover from the Seller any expenditure reasonably incurred by the Company in obtaining the Products in substitution from another supplier; and claim damages for any additional costs, losses or expenses incurred by the Company which are in any way attributable to the Seller’s failure to deliver the Products on the due date.
Delay in Delivery. If the contractor fails to perform its contractual obligations within the applicable time limits set out in this FWC, the contracting authority may claim liquidated damages for each day of delay using the following formula: 0.3 x (V/d) where:
Delay in Delivery. 6.1.1 If IAE is hindered or prevented from performing any obligation hereunder including but not limited to delivering any of the Supplies within the time for delivery specified in this Contract (as such time may be extended pursuant to the provisions of this Contract) by reason of:
(a) any cause beyond the reasonable control of IAE, or
(b) fires, industrial disputes or introduction of essential modifications required by the Certification Authority, or
(c) compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it proves to be invalid, except to the extent that the delay is caused by IAE’s failure to act in conformity with applicable deadlines set forth in such governmental regulation or order; (any such delay an “Excusable Delay”) the time for delivery shall be extended by a period equal to the period for which delivery shall have been so hindered or prevented, and IAE shall not be under any liability whatsoever in respect of such delay.
6.1.2 If, by reason of any of the Excusable Delays embraced by Section 6.1.1 above, IAE is hindered or prevented from delivering any goods (that are the same as and include the Supplies) to purchasers (including Spirit) then IAE shall have the right to allocate in good faith such goods, as they become available, at its own discretion among all such purchasers and IAE shall not be under any liability whatsoever to Spirit for delay in delivery to Spirit resulting from such allocation by IAE and the time for delivery shall be extended by a period equal to the delay resulting from such allocation by IAE. *****
6.1.4 The right of Spirit to claim damages shall be conditional upon Spirit (i) notifying IAE of the its claim in writing within ***** from the Claim Start Date, and (ii) submitting a written claim therefor within ***** from the Claim Start Date. The “Claim Start Date” shall be the date on which IAE notifies Spirit that the item of the Supplies so delayed is ready for delivery, or from the date on which Spirit exercises the right of cancellation in respect of such item conferred in accordance with Section 6.1.5 below, whichever date shall first occur.
6.1.5 Should IAE delay performance of any obligation for a reason other than an Excusable Delay hereunder including but not limited to delivery of any item of the Supplies beyond ***** from the time for delivery specified in this Contract (as such time may be extended pursuant to the provisions of this Contract) then...
Delay in Delivery. It is intended that delivery and installation take place within eight to ten weeks after the date approval of shop drawings and placement of order with the factory following receipt of the Deposit. Since the lift is custom made, a backlog at the factory, among other factors including but not limited to permits, inspections, site conditions, and weather, may cause delays in completion the Elevator Contractor assumes no responsibility for delays nor for failure to deliver Work to Customer on a particular date.
Delay in Delivery. The University shall not be liable for any delay in the delivery of possession of premises. The Licensee’s obligation to make payments shall commence upon the University’s delivery of possession.
Delay in Delivery. If Seller, for any reason, does not comply with Xxxxx's delivery schedule, of which time is of the essence, Buyer at its option may approve a revised delivery schedule, require expedited freight at Seller’s expense, or may terminate this Purchase Order without liability to Buyer on account thereof.
Delay in Delivery. Notwithstanding anything contained herein to the contrary, any delivery of Common Shares or cash otherwise required to be made hereunder to you at any date as a result of the termination of your Employment for any reason shall be delayed for such period of time as may be necessary to meet the requirements of section 409A(a)(2)(B)(i) of the U.S. Internal Revenue Code of 1986, as amended (the “Code”), and shall be delivered and/or paid on the earliest date on which such delivery or payments can be made without violating the requirements of section 409A(a)(2)(B)(i) of the Code.
Delay in Delivery. Seller will not be liable for any delay in performance due to causes beyond Seller’s control including, but not limited to, embargoes, blockages, delays or refusals to grant export or import licenses or the suspension or revocation thereof, or any other acts or omissions of government, fires, floods, severe weather, or any other acts of God, quarantines, labor strikes, riots, insurrection, acts of criminals or terrorists, war, material, shortages or delays in delivery by third parties. In the event of such delay the delivery date shall be extended for a period of time as may be reasonably necessary to compensate for such delay. Seller will not be liable for lost profits, loss of business or other incidental, consequential, indirect or punitive damages arising out of any delay. Customer agrees that, for any liability arising out of delay, Seller is not liable or responsible for any amount of damage above the aggregate dollar amount paid by Customer for the purchase of the Parts under this Agreement.
Delay in Delivery. The Bidder shall be liable for any loss/damage caused by any delay in the delivery of goods/food grains to FCI due to breakdown of vehicle or its detention by the police, customs, Tax authorities or other Authority for non-compliance of any of the Rules and Regulations as per the terms of this contract
Delay in Delivery. If Landlord fails to deliver 4th and 5th floor (excluding Suite 550) of the Premises by the date that is seven (7) days after the Possession Date specified in the Basic Lease Provisions or fails to complete Landlord’s Work by September 3, 2007, with respect to the 4th floor or by October 1, 2007, with respect to the 5th floor (excluding Suite 550), then, as Tenant’s sole remedies therefor, (a) when Tenant becomes obligated to pay Minimum Monthly Rent hereunder, Tenant shall receive an abatement against such Minimum Monthly Rent of $5,000 per calendar day for each day of delay after the end of the foregoing 7-day period as liquidated damages, and (b) the nine-month rent abatement period specified in Paragraph P of the Basic Lease Provisions shall be extended one (1) day for each day of delay. If Landlord fails to deliver Suite 550 with Landlord’s Work completed by the Possession Date specified in the Basic Lease Provision then, as Tenant’s sole remedies therefor, when Tenant becomes obligated to pay Minimum Monthly Rent hereunder, Tenant’s obligation to pay Minimum Monthly Rent shall xxxxx by an amount equal to one day of Minimum Rent multiplied by a percentage which is the ratio that the RSF of Suite 550 bears to the RSF of the entire Premises for each day of delay (such abatement to be in addition to any abatement accrued or accruing under subsection (a) above). Landlord and Tenant agree that the foregoing sums are their best estimate of the daily damages that Tenant will incur as a result of Landlord’s failure to deliver the Premises. Additionally, if, for any reason other than delays caused by Tenant, Landlord fails to deliver possession of the Premises (excluding Suite 550) to Tenant with all Landlord’s Work substantially completed by December 15, 2007, then Tenant may elect as its sole remedy to terminate this Lease by written notice given to Landlord on or before December 31, 2007. In such case, all deposits and other amounts paid by Tenant to Landlord shall be refunded to Tenant. If Tenant fails to deliver such notice of termination by the foregoing deadline, Tenant’s right to terminate for such failure shall be forever waived.
