Delay Penalty. 5.4.1 Except in cases of Force Majeure as set out in clause 6.6 or the Client’s default, the Consultant shall pay to the Client a delay penalty in the amount of two percent (2%) per week of the Fee payable to meet the Time for Completion; provided, however, that the amount of such delay penalty shall in no event exceed ten percent (10%) of the Fee.
5.4.2 The Client may, without prejudice to any other method of recovery, deduct the amount of such delay penalty from any monies due or which may become due to the Consultant.
5.4.3 The payment of such penalty shall not relieve the Consultant of the obligation to complete the Services or from any of the Consultant’s other obligations and liabilities under this Agreement.
Delay Penalty. In the event of any anticipated delay in achieving the FAT date (item j) specified in paragraph 3.2 of Annex I, due solely to the default of the Supplier, the Supplier shall be required to immediately notify the Customer that such a delay will occur. Upon such notification, the Customer shall grant a grace period of sixty (60) days to remedy the delay. If the delay has not been remedied within the grace period of sixty (60) days, the Supplier shall pay, as liquidated damages, for its default and as a penalty, the amount of zero point one five (0.15%) of the total Contract Price for each Phase per day, beginning from the thirty (30) days after the FAT date (item j), not to exceed ten percent (10%) of the total Contract Price for each Phase. The Vision Plant Inc. CONTRACT NO: LSA 20040831 Telematics Wireless Ltd. foregoing states the entire obligation of the Supplier, and the sole remedy of the Customer, with respect to the delay as mentioned above.
Delay Penalty. 39.1 The Carrier shall pay a penalty to the Customer in the event of failure to meet the deadlines specified in the STC.
39.2 The basis for the calculation of the delay penalty is the total gross carriage fee.
39.3 The amount of the penalty for each calendar day of delay is 1% of the penalty base, but at least (HUF 10,000) but shall not exceed 20% of the gross forwarding fee in accordance with the Contract.
39.4 The delay penalty becomes due on the first day of delay.
39.5 Payment of the delay penalty does not release the Carrier from its obligation to meet the deadlines specified in the STC and to the performance of the contract.
39.6 In the event the delay is such that it reaches the maximum penalty provided for in the Contract, the Customer has the right to terminate the Contract without the obligation to prove lapse of interest or, at the Customer’s discretion, to terminate the Contract and claim a penalty for failure to perform in accordance with Clause 41 of these GTC.
Delay Penalty. If the Contractor does not complete any of the Works on a timely manner or by the specified timeline and the Employer does not see a reason to withdraw the Works from the Contractor, the Contractor shall be subject to a penalty for the period of delay in completing the Works after the handover specified date. Such period shall be calculated on the basis of the average daily cost for the project by dividing the value of Works by the period according to the following:
Delay Penalty. 11.1. If it is apparent to the contracting party that it will be in default with the delivery or that the delivery will not be of the agreed quality, it has to inform B&B without undue delay. In such case, B&B is entitled to insist on delivery or to withdraw from the contract. Such notification does not result in exemption from the contractual penalty pursuant to the provision below. Acceptance of the delayed delivery/service does not constitute a waiver of any claims whatsoever, in particular compensation claims.
11.2. In the event of delay, the supplier has to pay a contractual penalty of 0.5% of the total order value for each week of delay or part thereof, irrespective of fault, unless another penalty has been agreed. The deadline for the penalty is 12:00 noon on the day following the agreed delivery date. B&B is furthermore free to withdraw from the order without granting a grace period, without incurring any costs. The right to claim compensation for any further damages remains unaffected.
Delay Penalty. If the Supplier does not deliver the deliverables in accordance with the time plan in Schedule 2, the Supplier shall pay a penalty to Lokaltog. Penalties are accrued separately for each delayed set of deliverables per trainset, and the penalty per calendar day per delayed delivery is set to DKK 10,000. The aggregate sum of penalties for delay shall not exceed the total sum of the agreement. If the Supplier anticipates a delay, the Supplier shall immediately notify Lokaltog and submit a correction plan, including a description of the Supplier’s mitigating actions and, if necessary, a revised milestone.
Delay Penalty. In the event the Term Commencement Date has not occurred (or been deemed to have occurred pursuant to Section 5.2(iii) of this Lease) on or before the Target Completion Date, plus up to an additional thirty (30) days for Force Majeure Delays, Landlord shall pay to Tenant, as liquidated damages, the sum of One Thousand Dollars ($1,000) per day until the earlier to occur of (i) the date three (3) months thereafter, or (ii) the Term Commencement Date and, thereafter, if the Term Commencement Date has not yet occurred, the sum of Five Thousand Dollars ($5,000) per day for each day after such three (3) month period until the Term Commencement Date or this Lease is otherwise terminated.
Delay Penalty. 8.1. Customer agrees and acknowledge that suspension of services by Customer without any default of Evosys may cost genuine expenses to Evosys on account of resourcing. In the event that the circumstances leads to such suspension by Customer, then the Customer shall provide prior written notice of 4 weeks before such suspension, failing which Evosys shall be entitled to recover genuine losses which will be calculated on the basis of daily rate of such resource for each week of non-compliance of notice. In the above case, if customer intends to suspend services for less than 4 weeks, then the cost of genuine losses shall be charged for the Suspension period less Notice period. The requirement of such notice in both the above cases will extend for On-site as well as Off-shore resources, the information of which can be gathered from Evosys Project Manager.
8.2. Customer acknowledge and agrees that in case where suspension period is equal to or more than 4 weeks, then it will cost extra time and fee to resume the project on account of additional efforts relating to training, CRP etc. and such extra time and fee shall be agreed between Evosys Project Management Team and Customer as the same may vary from case to case depending upon the period of Suspension and/or involvement of users, etc.
8.3. Further, in the event of resumption of services, Evosys shall make best efforts to re- deploy the same resources as deployed prior to such suspension, however if such resources are already reassigned to some other project, then the customer shall be bound to accept such replacement in lieu thereof.
8.4. Xxxxxx agrees that, to the extent there is any material delay (of one week or more) in reaching the final go-live milestone and such delay is caused due to any reason solely attributable to Evosys, then the Customer may charge a penalty in relation to any direct costs which are incurred at the rate of 0.5% per week to a maximum of 10% of the contract value as defined in Schedule II.
Delay Penalty. The penalty in the occurrence of any Delay as determined in Clause 19.2. Delivery Date: the date for delivering Parts to SODECIA, as noted on the Releases. Forecasts: a non-binding statement regarding projected quantities for the months following the month in progress. GC: the General Conditions in this Agreement. IMDS: International Material Data System – computer system for entering Parts’ data. Incoterms: the terms and sale conditions published by the International Chamber of Commerce. IP Penalty: the penalty referred to in GC 17.13. NDA: the Non-Disclosure Agreement executed by and between the Parties on Sodecia Supplier Portal. Parts: the Parts identified in the SC and/or Releases. Parts Specifications: the engineering definition, mathematical model release, dimensions and tolerance release for the Parts, detailed in the SC. Party or Parties: either one of the entities in the Agreement, individually or together. PPAP: Production Part Approval Process – the set of rules to which the production and delivery of Parts are subject, to be complied by the Supplier and subject to approval by XXXXXXX. Release or Releases: the notification(s) by SODECIA to the SUPPLIER indicating the Parts, quantities to be supplied, from time to time, Delivery Dates and/or Forecasts. A Release incorporates the GC. Request for Quotation: a solicitation to a supplier to provide a cost quote for certain Parts for a specific programme. SC: the Special Conditions in the Agreement.
Delay Penalty. For each commenced calendar week the Final Delivery of the Aircraft is late cf. Xxxxx X, the Lessor shall pay a penalty to DALO as specified below: 𝑇ℎ𝑒 𝐿𝑒𝑎𝑠𝑖𝑛𝑔 𝑃𝑟𝑖𝑐𝑒 𝑝𝑒𝑟 𝑦𝑒𝑎𝑟, 𝑐𝑓. 𝑐𝑙𝑎𝑢𝑠𝑒 1.4 52 For each commenced calendar week Training cf. Annex F has not been completed according to schedule cf. Annex K, the Lessor shall pay a Penalty of 25.000 DKK or an amount equal to 25.000 DKK per training course not completed. Penalty may be set off and deducted in payments to be made from DALO to the Lessor, cf. also clause 2.4.5.