Delay of delivery. Delay in delivery occurs when the date of the Actual Delivery Date occurs after the Agreed Delivery Date. The “Agreed Delivery Date” is the delivery date for the Deliverable agreed between the Parties in (as applicable):
a) Change Order and/or
b) Project plan and/or
c) SDA and/or
d) Order Forms If either Party is in delay, the Parties shall jointly negotiate in good faith a new Agreed Delivery Date. If a delay lasts more than four (4) months, the Party not responsible for the delay may terminate this Agreement and get a refund of any subscription fees paid thereunder. The right to termination set out in this Section 5.6 is only applicable in respect of delays in performance of Professional Services related to the initial production deployment of the Cloud Service and not for any other Professional Services.
Delay of delivery. Delays in delivery occur when the date of the Actual Delivery Date occurs after the Agreed Delivery Date. The “Agreed Delivery Date” is the delivery date for the Deliverable agreed between the Parties in (as applicable):
Delay of delivery. 10.1 If due to the responsibility of the Seller the equipment has not been delivered at the relevant dates according to Article 4.1, the Seller shall be obliged to pay the Buyer penalty of 0.5% of the contract price as per Article
Delay of delivery. In the event possession cannot be delivered to Tenant on commencement of the Lease term, through no fault of District, there shall be no liability on District, but the rental herein provided shall xxxxx until possession is given. District shall have ten (10) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the Property and pay the rental herein provided from that date. In the event possession cannot be delivered within such time, through no fault of District, then this Lease and all rights hereunder shall be at an end.
Delay of delivery. In the event of a delay in the agreed delivery schedule Xxxxxxxxxx shall be entitled to receive from the Supplier a delay sanction of three (3) percent for each week begun. The size of the delay sanction shall be calculated from the price of the entire delivery and the maximum delay sanction shall be fifteen (15) per cent of the total price. If the delay exceeds five (5) weeks or it is otherwise obvious that the delivery will not conform to the time, quality and quantity in the contract, Xxxxxxxxxx shall be entitled to cancel the contract.
Delay of delivery. GENZYME may delay deliveries under an outstanding Purchase Order upon providing written notice to SUPPLIER no less than (i) [**] days before the scheduled delivery date for Custom Manufactured Products, and (ii) [**] days before the scheduled delivery date for Biosurgery Products. Such delays shall be at no additional charge to GENZYME. The maximum duration of any delay of [**] and Biosurgery Products shall be [**] months from the date of [**] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission. GENZYME's notification of acceptance of the pre-shipment sample for the applicable Product (or, if no pre-shipment sample is sent, then from the original date of delivery of such Product); the maximum duration of any delay of [**] or [**] shall be [**] months from date of the Purchase Order.
Delay of delivery. Landlord acknowledges that Tenant intends to start construction of Tenant’s Work on the Delivery Date and intends to have the Premises ready for operation on or before the Commencement Date, and that delays in completion of Landlord’s Work beyond those the deadlines for completion established on Exhibit D will cause Tenant to suffer certain losses which are difficult to quantify including, by way of illustration and not of limitation, lost profits, construction delay costs and employee wages. If Landlord has not completed the Landlord’s Work prior to the deadlines for completion established on Exhibit D, Landlord shall nevertheless allow Tenant early entry to commence the Tenant’s Work. If Tenant is not able to commence the Tenant’s Work due to Landlord’s delays (regardless of the fact that Tenant may have elected to enter the Premises to perform Tenant’s work prior to Landlord’s Work being completed, but excepting any delays caused solely by the willful misconduct of Tenant), then Tenant shall give written notice to Landlord of such delay and if Landlord does not cure such delay within fifteen (15) days after Landlord’s receipt of written notice, as compensation in the form of liquidated damages, Tenant shall be entitled to one (1) day of free Base Rent and Additional Rent for every two (2) days of delay accruing from the applicable deadline for completion established on Exhibit D to the actual date of completion of the applicable portion of Landlord’s Work. Landlord and Tenant agree that the foregoing free rent determination is a liquidated damages remedy to compensate Tenant based on Landlord and Tenant’s best estimate of the daily damages, including but not limited to lost sales and business opportunity that Tenant will incur as a result of Landlord’s failure to deliver the Premises timely, and such amount is not to be deemed a penalty.
Delay of delivery. The Seller is aware of the importance of that the goods are delivered on time. The buyer accepts that goods are delivered up to two weeks earlier than specified ETA. ETA for each shipment shall be specified in this contract, and may be amended if both partners agree, and the change confirmed in writing between the parties. If a delivery of goods is delayed due to causes not attributable to the Buyer, the Buyer is entitled to delay penalty for each full week of delay as follow: • First & second week of delay: 0.5% of the overdue container contract value. • Third - fifth week of delay: 1.0% of the overdue container contract value. • Compensation is paid for a maximum of 5 weeks of delay. If the seller finds that he cannot deliver on time, or if a delay on his part seems likely, he shall without delay notify in writings the buyer, stating the reason for the delay and the time when delivery can be expected.
Delay of delivery. No delivery delay is allowed [***]. If SELLER becomes aware of a Product delivery delay risk, SELLER must inform SONIM before [***]. and get [***] SONIM may demand remedy of such delay by [***]. If a delivery is delayed on grounds of force majeure, the delivery due date shall be [***]. If a delivery is delayed, SONIM may claim liquidated damages in the amount of [***]. SELLER agrees that the correct fulfilment of Purchase Order(s) in accordance with the agreed Delivery Date is [***]. SONIM shall not be obliged to prove to SELLER that any actual damage resulted from the delay in order to claim and receive liquidated damage payments for such delay. Upon request by SONIM, SELLER shall provide SONIM a credit note for the amount of the claimed liquidated damage payments or SONIM may deduct the same from Product invoices.
Delay of delivery. 13.1 The Seller shall provide installation and commissioning services for the Buyer according the schedule stated in the Contract.
13.2 If the Seller can not deliver the goods or services according to the schedule stated in the Contract, the Seller shall inform the Buyer the reasons for delay and how long of the delay. The Buyer, after receive the delay notice from the Seller, shall analyze the reason and if the Seller agrees the delay, the two parties can amend the Contract to longer delivery time.
13.3 If the Seller delays delivery without reasonable reasons, the Seller shall undertake all the losses suffered by the Buyer resulting from this, and/or the Buyer shall have the right to terminate the Contract.
