Common use of Delay or Default Clause in Contracts

Delay or Default. 16.1. Failure to fulfill in a duly, complete and proper manner any duty, obligation, agreement, covenant, representation or warranty under the terms of this Agreement, attributable to a Party is deemed to be a Delay or Default by such Party. 16.2. Apart from other consequences set forth in this Agreement, a penalty is fixed in favor of SODECIA for a daily amount equivalent to 0,5% of the price of the Parts in delay (the “Delay Penalty”), notwithstanding to the right to higher compensation for damages and losses actually suffered. 16.3. Notwithstanding the Delay Penalty, the provisions in the preceding Clauses, in case of any Delay, SODECIA reserves the right to execute or instruct a third party to execute any actions that SODECIA deems, at its sole discretion, to reduce damages or any consequences arising from or related to such Delay. 16.4. The Delay Penalty is warranted even if SODECIA claims any other compensation, deems the service as being definitively unfulfilled or terminates this Agreement, in the latter case being calculated up to the date of the definitive un-fulfillment or the date of this Agreement termination. 16.5. Delay by SODECIA to pay, in whole or in part, the Price as per the SC, in excess of 30 (thirty) days shall grant the SUPPLIER the right to claim for interest rate over the overdue amount. 16.6. SUPPLIER shall not withhold performance of its obligations, nor exercise any right of retention upon occurrence of a Delay by SODECIA.

Delay or Default. 16.124.1. Failure to fulfill fulfil in a duly, complete and proper manner any duty, obligation, agreement, covenant, representation or warranty under the terms of this Agreement, attributable to a Party Party, is deemed to be a Delay or Default by such Party. 16.224.2. Apart from other consequences set forth in this the Agreement, a penalty is fixed in favor of SODECIA for a daily amount equivalent to 0,5% of indicated in the price of the Parts in delay SC (the “Delay Penalty”), notwithstanding to the right to higher compensation for damages and losses actually suffered. 16.324.3. Notwithstanding the Delay Penalty, Penalty and the provisions in the preceding Clausespoints, in case of any Delay, SODECIA reserves the right to execute or instruct a third party to execute any actions that SODECIA deems, at its sole discretion, to reduce damages or any consequences arising from or related to such Delay. XXXXXXX must inform supplier in advance. 16.424.4. The Delay Penalty is warranted even if SODECIA claims any other compensation, deems the service as being definitively unfulfilled or terminates this the Agreement, in the latter case being calculated up to the date of the definitive un-fulfillment unfulfillment or the date of this the Agreement termination. 16.524.5. Delay by SODECIA to pay, in whole or in part, the Price as per the SC, in excess of 30 (thirty) days shall grant the SUPPLIER the right to claim for interest rate over the overdue amount. 16.624.6. SUPPLIER shall not withhold performance of its obligations, nor exercise any right of retention upon occurrence of a Delay by SODECIA.

Delay or Default. 16.119.1. Failure to fulfill in a duly, complete and proper manner any duty, obligation, agreement, covenant, representation or warranty under the terms of this Agreement, attributable to a Party Party, is deemed to be a Delay or Default by such Party. 16.219.2. Apart from other consequences set forth in this the Agreement, a penalty is fixed in favor of SODECIA for a daily amount equivalent to 0,5% of the price of the Parts in delay (the “Delay Penalty”), notwithstanding to the right to higher compensation for damages and losses actually suffered. 16.319.3. Notwithstanding the Delay Penalty, Penalty or the provisions in the preceding Clauses, in case of any Delay, SODECIA reserves the right to execute or instruct a third party to execute any actions that SODECIA deems, at its sole discretion, to reduce damages or any consequences arising from or related to such Delay. 16.419.4. The Delay Penalty is warranted even if SODECIA claims any other compensation, deems the service as being definitively unfulfilled or terminates this the Agreement, in the latter case being calculated up to the date of the definitive un-fulfillment unfulfillment or the date of this Agreement termination. 16.519.5. Delay by SODECIA to pay, in whole or in part, the Price as per the SC, in excess of 30 (thirty) days shall grant the SUPPLIER the right to claim for interest rate over the overdue amount. 16.619.6. SUPPLIER shall not withhold performance of its obligations, nor exercise any right of retention upon occurrence of a Delay by SODECIA.

Delay or Default. 16.1. Failure to fulfill fulfil in a duly, complete and proper manner any duty, obligation, agreement, covenant, representation or warranty under the terms of this Agreement, attributable to a Party is deemed to be a Delay or Default by such Party. 16.2. Apart from other consequences set forth in this the Agreement, a penalty is fixed in favor of SODECIA for a daily amount equivalent to 0,5% of the price of the Parts in delay (the “Delay Penalty”), notwithstanding to the right to higher compensation for damages and losses actually suffered. 16.3. Notwithstanding the Delay Penalty, the provisions in the preceding Clausespoints, in case of any Delay, SODECIA reserves the right to execute or instruct a third party to execute any actions that SODECIA deems, at its sole discretion, to reduce damages or any consequences arising from or related to such Delay. SODECIA must inform Supplier in advance. 16.4. The Delay Penalty is warranted even if SODECIA claims any other compensation, deems the service as being definitively unfulfilled or terminates this the Agreement, in the latter case being calculated up to the date of the definitive un-fulfillment or the date of this the Agreement termination. 16.5. Delay by SODECIA to pay, in whole or in part, the Price as per the SC, in excess of 30 (thirty) days shall grant the SUPPLIER the right to claim for interest rate over the overdue amount. 16.6. SUPPLIER shall not withhold performance of its obligations, nor exercise any right of retention upon occurrence of a Delay by SODECIA.