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. The contractually agreed delivery periods apply. Buyer acknowledges that the offered delivery dates are estimated dates only and it is permissible for these deadlines to be slightly exceeded or shortened. If these requirements are not fulfilled, the deadline shall be extended as appropriate. GERPAAS is responsible for making the ordered products ready for shipment on the preagreed date. In case of major delays buyer has the right to claim liquidated damages at a rate to be agreed with the buyer in writing. Liquidated damages shall not be exceeding the 10% of the total value of the purchase order. GERPAAS cannot be held responsible for additional charges the buyer is liable of due to any delivery delay; for example; rental costs of the buyer’s Crane, car rental, site charges etc. The delivery deadline shall be extended if unforeseeable events occur that are beyond the seller’s control, irrespective of whether such problems arise within the seller’s company itself or with a subcontractor. Such problems are or be similar to force majeure, official measures and also war, rebellion, strikes, lock-outs, epidemics, operational problems and delays in the delivery of products provided that such problems can be proven to have a significant influence on production or on the delivery of the order.
Delay of delivery. EXHIBIT “F”
(i) The parties shall attempt in good faith to resolve any dispute arising out of or relating to approval of the Tenant Improvement Documents (as defined in Paragraph 3(b) below) in accordance with the terms set forth in this Work Letter. If Lessee has not approved such documents by 5:00 pm Pacific Standard Time on the applicable date set forth in Paragraph 3(c) below, then within two (2) business days following such failure, both Lessor and Lessee shall provide the other with written notice (each such notice, a “Design Dispute Notice”) that shall include with reasonable particularity (1) a statement of each party’s position and a summary of arguments supporting that position and (2) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within two (2) business days after the date required for delivery of the Design Dispute Notices, the designated executives of both parties shall meet at a mutually acceptable time and place. Unless otherwise agreed in writing by the negotiating parties, the above-described negotiation shall end at the close of the first meeting of executives described above (the “First Meeting”). Such closure shall not preclude continuing or later negotiations, if desired. If the parties fail to resolve the dispute at this First Meeting, the parties shall initiate binding arbitration proceedings with an arbitrator experienced in resolving disputes related to the design of commercial properties (the “Design Arbitrator”), to be mutually agreed upon and retained by the parties in writing upon execution of this Lease or within twenty-one (21) days thereafter. If the parties fail to agree upon a Design Arbitrator within such twenty-one day period, either party may apply to the American Arbitration Association to appoint an Arbitrator, and the parties shall split all associated administrative fees from the American Arbitration Association and hereby consent to the jurisdiction of the American Arbitration Association for such purposes. The Design Arbitrator shall only have the authority to choose between the positions (including the amount of Tenant Delay and Lessor Delay) set forth in the Design Dispute Notices, as well as to determine the amount of Tenant Delay and Lessor Delay, which shall be equal to the number of days that elapse from the applicable Final Approval Date set forth in Paragraph 3(c) to the date that the dispute regarding the Tenant Improvement Docu...
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 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 [**] shall be [**] months from date of the Purchase Order. [**] = 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.
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. (1) The terms of delivery are agreed by mutual written agreement. The delivery of the goods is considered as being effected at the moment of loading of the means of the transport at the plant.
(2) In case of free delivery the risk of the transport are for account of the purchaser without liability being engaged in case of loss, contamination or other damage during transport.
(3) Events beyond our control such as severe frost, strikes, interruptions of our activities or the activities of our supplies due to a technical disturbance which impede normal working in our plants of the plants of our suppliers, exempt us temporarily from all obligations concerning delivery. Costs of transport, demurrage etc. resulting there from are for account of the purchaser.
(4) If delivery is delayed at the purchaser's request, the purchaser shall comply with the agreed terms of payment; any storage costs are charged to the purchaser.
