DELAYED ACCEPTANCE Sample Clauses

DELAYED ACCEPTANCE. 8.1 If for any reason the Customer ist unable to accept delivery of the Goods when the Goods are due and ready for delivery the Company may arrange storage of the Goods at the Customer’s risk and the Customer shall be liable to the Company for the reasonable costs (including insurance) of such storage. This provision is without prejudice to any other right which the Comany may have in respect of the Customer’s failure to take delivery of the Goods or pay for them in accordance with the contract.
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DELAYED ACCEPTANCE. If for any reason the Buyer is unable to accept delivery of the Goods when the Goods are due and ready for delivery, the Supplier may arrange storage of the Goods at the Buyer's risk and the Buyer shall be liable to the Supplier for the reasonable costs (including insurance) of such storage. This provision is without prejudice to any other right which the Supplier may have in respect of the Buyer's failure to take delivery of the Goods or pay for them in accordance with the Contract.
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DELAYED ACCEPTANCE. If, on any date that Tesla would otherwise deliver the System identified in an Accepted Purchase Order (or a part thereof) to Buyer in accordance with the Incoterm, (a) Buyer or its Affiliate is in default of any material obligation under this Agreement; or (b) Buyer is not in a position to take delivery of the System (or part) or refuses acceptance of the System (or part) for reasons not permitted under this Agreement, then Tesla may elect to delay delivery of the System (or part), without liability, and Buyer shall pay Tesla liquidated damages in the amount of [ ] per kWh AC, per day of delay (“Delayed Acceptance Damages”), provided for Accepted Purchase Orders with an incoterm of EXW (Incoterms 2020), such Delayed Acceptance Damages shall not begin to accrue until [ ] after the Guaranteed Delivery Date so long as such delayed acceptance does not spill into the next calendar quarter, in which case Delayed Acceptance Damages will begin to accrue immediately. The Parties agree that the Delayed Acceptance Damages set forth herein are Liquidated Damages per Section 28. Additionally, Buyer shall pay to Tesla actual delivery costs incurred by Tesla if Tesla is unable to deliver the System due to Buyer’s inability or unwillingness to accept such delivery. All such damages shall be payable on a monthly basis within thirty (30) days of Tesla providing a written invoice to the Buyer Invoice Address. The Delayed Acceptance Damages shall not exceed in the aggregate [ ] percent ([ ]%) of the applicable Contract Price on the affected Accepted Purchase Order.
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DELAYED ACCEPTANCE. 8.1 If for any reason the Customer fails to accept delivery of any of the Goods when they are ready for delivery, or the Seller is unable to deliver the Goods on time because the Customer has not provided appropriate instructions, documents, licences or authorisations: 8.1.1 risk in the Goods shall pass to the Customer (including for loss or damage caused by the Seller’s negligence); 8.1.2 the Goods shall be deemed to have been delivered; and 8.1.3 the Seller may store the Goods until delivery, whereupon the Customer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
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DELAYED ACCEPTANCE. (1) Acknowledgements
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DELAYED ACCEPTANCE. If the Aircraft meets the Delivery Condition and: (a) the Lessee is unwilling or unable to accept delivery of the Aircraft when offered for delivery; and/or (b) the Lessee fails to fulfil any Conditions Precedent when the Aircraft is offered for delivery, the Lessee’s obligation to pay Rental shall commence on the date the Aircraft is offered by the Lessor for delivery in accordance with the terms of this Agreement (the Rent Commencement Date). The Lessor shall have no obligation to deliver possession of the Aircraft to Lessee unless and until the Lessee fulfils all Conditions Precedent and accepts delivery of the Aircraft under this Agreement. The Aircraft shall be insured and stored by the Lessor between the Rent Commencement Date and the Delivery Date and the Lessee shall indemnify the Lessor for all the Lessor’s insurance and storage costs incurred during this period. The provisions in this Clause 6.3 (Delayed Acceptance) are without prejudice to the rights of Lessor under Clause 23 (Events of Default).
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DELAYED ACCEPTANCE. If the Buyer fails to furnish shipping instructions or to accept delivery of Material purchased under the Agreement on the delivery date specified in this Agreement, the Seller may charge the Buyer interest at the rate of EURIBOR plus 5 points on the value of such Material from the tenth day of the month following the specified delivery month until the day of shipment or acceptance of delivery. The Buyer's failure to accept delivery or to make payment for any portion of the specified quantity of Material purchased under the Agreement shall at the Seller's option, exercised by written notice to the Buyer, release the Seller from making any further deliveries.
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DELAYED ACCEPTANCE. If for any reason you fail to accept delivery of any Products on the date fixed pursuant to Wildeye’s notice that the Products have been delivered at the Delivery Point, or if Wildeye is unable to deliver the Products at the Delivery Point on such date because you have not provided appropriate instructions: (i) risk of loss of the Products shall pass to you; (ii) the Products shall be deemed to have been delivered; and (iii) Wildeye, at its option, may store the Products until you pick them up, whereupon you shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
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Related to DELAYED ACCEPTANCE

  • Deemed Acceptance You are required to accept the terms and conditions set forth in this Agreement prior to the first vest date in order for you to receive the Award granted to you hereunder. If you wish to decline this Award, you must reject this Agreement prior to the first vest date. For your benefit, if you have not rejected the Agreement prior to the first vest date, you will be deemed to have automatically accepted this Award and all the terms and conditions set forth in this Agreement. Deemed acceptance will allow the shares to be released to you in a timely manner and once released, you waive any right to assert that you have not accepted the terms hereof.

  • ACKNOWLEDGEMENT AND ACCEPTANCE (a) In accepting the RSUs, the Participant acknowledges and agrees: (i) that the Plan is discretionary in nature and may be amended, cancelled, suspended or terminated by the Company at any time; (ii) that the grant of the RSUs does not create any contractual or other right to receive future grants of RSUs or any right to continue an employment or other relationship with the Company (for the vesting period or otherwise); (iii) that the Participant remains subject to discharge from such relationship to the same extent as if the RSUs had not been granted; (iv) that all determinations with respect to any such future grants, including, but not limited to, when and on what terms they shall be made, will be at the sole discretion of the Committee; (v) that participation in the Plan is voluntary; (vi) that the value of the RSUs is an extraordinary item of compensation that is outside the scope of the Participant’s employment contract if any; and (vii) that the grant of RSUs is not part of normal or expected compensation for purposes of calculating any severance, resignation, redundancy, end of service payments, bonuses, long-service awards, pension or retirement benefits or similar benefits. (b) If the Participant does not want to accept the RSUs on the terms and conditions set out in this Agreement, the Plan and/or any related documents, the Participant may choose the “Decline” button. The RSUs will then be cancelled and no other benefit will be due to the Participant in lieu thereof. If Participant does not “Decline” the RSUs within thirty (30) days from the Grant Date, the Participant shall be deemed to have accepted the RSUs and shall be deemed to have agreed to the terms and conditions set out in this Agreement, the Plan and/or any related documents. (c) The grant of the RSUs is not intended to be a public offering of securities in the Participant’s country of residence (and country of employment, if different). The Company has not submitted any registration statement, prospectus or other filings with the local securities authorities (unless otherwise required under local law), and the grant of the RSUs is not subject to the supervision of the local securities authorities. No employee of the Company or any of the Company’s subsidiaries is permitted to advise the Participant on whether the Participant should acquire Shares as a result of settlement of the RSUs under the Plan. Investment in Shares involves a degree of risk. Before deciding to acquire Shares as a result of settlement of the RSUs, the Participant should carefully consider all risk factors relevant to the acquisition of Shares under the Plan and the Participant should carefully review all of the materials related to the RSUs and the Plan. In addition, the Participant should consult with the Participant’s personal advisor for professional investment advice. (d) The Participant acknowledges and agrees that it is the Participant’s express intent that this Agreement, the Addendum (if applicable) and the Plan and all other documents, notices and legal proceedings entered into, given or instituted pursuant to the award, be drawn up in English. If the Participant has received this Agreement, the Addendum and the Plan or any other documents related to the award translated into a language other than English, and if the meaning of the translated version is different than the English version, the English version shall control. (e) As a condition to the grant of the RSUs, the Participant agrees to repatriate all payments attributable to the Shares and/or cash acquired under the Plan in accordance with local foreign exchange rules and regulations in the Participant’s country of residence (and country of employment, if different). In addition, the Participant also agrees to take any and all actions, and consents to any and all actions taken by the Company and its affiliates and subsidiaries and/or the Employer, as may be required to allow the Company and its affiliates and subsidiaries or the Employer to comply with local laws, rules and regulations in the Participant’s country of residence (and country of employment, if different). Finally, the Participant agrees to take any and all actions as may be required to comply with the Participant’s personal obligations under local laws, rules and regulations in the Participant’s country of residence (and country of employment, if different).

  • Card Acceptance When accepting a Card, Xxxxxxxx will follow the steps provided by Servicer for accepting Cards and will: (a) determine in good faith and to the best of its ability that the Card is valid on its face; (b) obtain Authorization from the Card Issuer to charge the Cardholder's account; (c) unless the Sales Draft is electronically generated or is the result of a mail, internet, phone or preauthorized order, (i) obtain an Imprint of the Card including embossed data from the merchant imprinter plate; and (ii) obtain the Cardholder's signature on the Sales Draft and compare that signature to the signature on the Card; (d) enter a description of the goods or services sold and the price thereof (including any applicable taxes); (e) deliver a true and completed copy of the Sales Draft to the Cardholder at the time the goods are delivered or services performed, or, if the Sales Draft is prepared by a point-of-sale terminal, at the time of the sale; (f) offer the Sales Draft to Servicer for purchase according to Servicer's procedures and the terms of this Agreement; and (g) make a Card Imprint, if the Transaction is not based upon a mail, internet, phone or pre-authorized order.

  • Order Acceptance Xxxxxxx’x acceptance of the Order and consequent agreement to the Contract by either: (a) delivering the Goods, Services, or Digital Services; or

  • Assignment and Acceptance The parties to each assignment shall execute and deliver to the Administrative Agent an Assignment and Acceptance, together with a processing and recordation fee of $3,500, and the assignee, if it is not a Lender, shall deliver to the Administrative Agent an Administrative Questionnaire.

  • BID ACCEPTANCE PERIOD A bid shall constitute an irrevocable offer for a period of ninety (90) days from the bid opening date or until the date of award. In the event that an award is not made by the County within ninety (90) days from the bid opening date, the Bidder may withdraw their bid or provide a written extension of their bid.

  • Appointment and Acceptance The Trust hereby appoints JNLD as distributor of the Shares of the Funds set forth on Schedule A on the terms and for the period set forth in this Agreement, and JNLD hereby accepts such appointment and agrees to render the services and undertake the duties set forth herein.

  • STATE ACCEPTANCE All insurance providers are subject to Agency acceptance. If requested by Agency, Grantee shall provide complete copies of insurance policies, endorsements, self-insurance documents and related insurance documents to Agency’s representatives responsible for verification of the insurance coverages required under this Exhibit C.

  • No Implied Acceptance Payment does not imply acceptance of Contractor’s invoice, Goods, Services, or Deliverables. Contractor shall immediately refund any payment made in error. The JBE shall have the right at any time to set off any amount owing from Contractor to the JBE against any amount payable by the JBE to Contractor under this Agreement.

  • Testing and Acceptance Within […***…] after RFM’s delivery of the IC Design File to ST, ST shall manufacture and deliver a commercially reasonable quantity of evaluation Product to RFM for evaluation testing. Upon RFM’s receipt of such Products from ST, RFM shall test such Products with the applicable Evaluation Software and in the applicable Evaluation Circuit Design to determine if the IC Design for such Products conforms to the applicable Specifications. Upon completion of such testing, RFM shall provide ST with the data from such testing (“Evaluation Data”). Upon ST’s receipt of the Evaluation Data, ST shall evaluate whether the Evaluation Data indicates that the IC Design conforms to the Specifications in all material respects. ST shall accept or reject the IC Design based on the Evaluation Data and shall give RFM written notice thereof within seven (7) calendar days after RFM’s delivery of the Evaluation Data to ST. An IC Design will be deemed accepted by ST if RFM has not received notification of rejection of such IC Design from ST within seven (7) calendar days after RFM’s delivery of the applicable Evaluation Data to ST. ST’s refusal to accept the IC Design must be reasonable, must be in writing and must be accompanied by a reasonably detailed description of the manner in which the IC Design fails to comply with the Specifications in all material respects (collectively, the “Deficiencies”) so that RFM can have the opportunity to correct the Deficiencies. If ST properly rejects the IC Design, RFM shall use commercially reasonable efforts to correct any Deficiencies and redeliver a corrected IC Design File within […***…] after RFM’s receipt of the rejection notice and the foregoing provisions set forth in this Section 3.3 shall be reapplied until the IC Design is accepted; provided, however, that upon the […***…] or any subsequent rejection, either party may terminate this Agreement upon thirty (30) calendar days prior written notice to the other party, unless the IC Design is accepted during such notice period.

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