Delayed Deliveries. If any deliveries are not made by the delivery date(s) and in the quantity(ies) specified on this Purchase Order (including by reason of a Force Majeure Event as described in Section 10 below), Flyer may, in addition to any other rights or remedies it may have under this Purchase Order, at law or in equity, cancel this Purchase Order with respect to any or all deliveries of the Products that have not been made or with respect to any or all of the Products not previously accepted by Flyer, without any liability whatsoever. Additionally, if any delivery is delayed (other than due to a Force Majeure Event affecting Supplier), Flyer may hold Supplier responsible for any and all Losses (as defined in Section 12(a) below) caused by or arising from such untimely performance, including: (i) all direct, incidental and consequential damages and any resulting late performance penalties incurred by Flyer; and (ii), if Flyer covers by purchasing goods or services from another vendor, the amount (if any) by which the cost of such goods or services exceeds the price of the affected Products under this Purchase Order, along with all other cover damages. If the Purchase Order is a rated order, nothing in the foregoing paragraph modifies or changes Supplier’s obligations under the Defense Priorities and Allocations System regulations in 15 CFR Part 700.
Delayed Deliveries. In addition to other remedies available ------------------ pursuant to the Agreement or in law or equity, should repeated, unexcused, delayed deliveries of more than three percent (3%) of an ordered quantity occur more than twelve (12) times over a calendar year period with an average delay of ten (10) business days or of one (1) single delayed delivery exceeding one (1) month, then Buyer shall be entitled to exercise its rights under the License Agreement with respect to the delayed Product or Products, and the exclusivity required for purchases by Section II.A. shall not apply to such Product or Products. Exercise of rights under the License Agreement does not by itself constitute a termination of this Agreement.
Delayed Deliveries. Takeda shall notify Myovant as soon as reasonably practicable after becoming aware that it will not be able to deliver the Drug Substance by the delivery date specified in the relevant Purchase Order as accepted in accordance with Section 6.1.3(a), and both Parties shall promptly discuss with each other the then optimal solution in good faith. If Takeda delivers Drug Substance more than [***] days after the delivery date specified in the relevant Purchase Order and such failure is not attributable to Myovant, then Takeda shall allocate inventory of Drug Substance in accordance with Section 6.5 hereof. Except as expressly set forth in this Agreement or otherwise agreed on by the Parties in writing, if Takeda materially fails to deliver Drug Substance by the delivery dates under the applicable Purchase Order(s) as accepted for [***] consecutive Calendar Quarters in a Fiscal Year, then Myovant shall have the right to terminate this Agreement pursuant to Section 18.2.1 hereof.
Delayed Deliveries. In the event that Sellers are delayed in their ability to deliver any of the Shares at Closing, they will deliver such Shares to the Company as soon thereafter as practicable, and the Company may withhold the pro-rata portion of the Purchase Price applicable to such Shares until they are delivered.
Delayed Deliveries. If the Supplier anticipates that he will not be able to deliver the Product on the Delivery Date, or perform the Services within the agreed timeframe, or otherwise becomes aware of an event that has occurred or is anticipated which may jeopardize a product delivery or fulfilment of the requirements specified by the Buyer, he shall immediately notify the Buyer stating the reason and, if possible, expected time of delivery. Failure to give such notice the Buyer shall be entitled to compensation for additional costs which he incurs and which he could have avoided with such notice. If the Supplier is unable to comply with the Delivery Date, the Buyer is entitled to liquidated damages equal to 0.5% of the purchase price for each calendar week of delay. The total liquidated damages shall not exceed 7.5% of the purchase price of the delayed Products.
Delayed Deliveries. 7.1 If the Supplier has reason to assume that he will not be able to meet the delivery time as agreed in the Purchase Agreement, he shall immediately notify Kalmar thereof in writing, stating the cause and estimated duration of the delay. The Supplier shall use its best endeavors to reduce the time of delay. Kalmar shall be entitled to demand the Supplier to arrange on Supplier’s cost an express transportation to limit as far as possible the effects of the late delivery.
Delayed Deliveries. 7.1 If the Supplier has reason to assume that he will not be able to meet the delivery time as agreed in the Purchase Agreement, he shall immediately notify MacGregor thereof in writing, stating the cause and estimated duration of the delay. The Supplier shall use its best endeavors to reduce the time of delay. MacGregor shall be entitled to demand the Supplier to arrange on Supplier’s cost an express transportation to limit as far as possible the effects of the late delivery.
Delayed Deliveries. If Supplier fails to deliver Products within agreed delivery time (as stated in Appendix 2 or in Order, whichever is the shortest) a “Delay” is at hand. If Supplier’s consignment stock is below agreed minimum level and causes stop or disturbance in Buyer’s production, a “Shortage” is at hand. If Supplier is at risk of causing Delay or Shortage, Supplier shall immediately inform Xxxxx in writing, stating the reasons for the Delay/Shortage and expected time for delivery/replenishment. In case of Delay or Shortage, Supplier shall, unless otherwise agreed with Buyer, deliver the goods in the fastest way available. All transports in connection with Delay or Shortage shall be at Supplier’s risk and expense, DDP Buyer’s location or other location agreed between the parties. Buyer is entitled to compensation for any damage, loss, claim, cost or expense suffered or incurred due to Supplier’s Delay or Shortage. Such compensation shall primarily be paid as liquidated damages in an amount of 5% of the value of Product in Delay or Shortage for each commenced week, calculated for Delay from agreed date of delivery to date of actual delivery and for Shortage from it occurs until it is rectified – however minimum € 100 per Delay or Shortage. Notwithstanding anything to the contrary set out above, if the Delay or Shortage exceeds four (4) weeks, Buyer may, without any costs or further obligations for Buyer, terminate any orders by Buyer related to the same kind of Products as involved in the Delay or Shortage. If Buyer, in the situations outlined in Sections 5.3 or 5.4 above, can prove that the damage, cost, liability or expense suffered or incurred exceeds the amount of the liquidated damages, Supplier shall be obliged to reimburse Buyer with an additional amount to cover the difference up to the sum of all damages, losses, claims, costs or expenses suffered or incurred by Buyer or Buyers customer. Buyer shall have the right to set off liquidated damages or other claims for compensation against Supplier’s invoices.
Delayed Deliveries. If a Force Majeure other than an act or omission of Customer or Customer’s agent, contractor or a person acting on Customer’s behalf (irrespective of whether such act or omission is excused) prevents Supplier from Delivering Enriched Product hereunder for more than *****, Customer shall have the option to cancel up to the quantity that Supplier has been unable to Deliver and to procure the canceled quantity of Enriched Product from another source, without cost or liability to or by Supplier. If, however, Supplier provides Notice prior to the end of such ***** period that it can resume performance before the end of such period, Customer shall take Delivery of the previously canceled quantity of Material from Supplier. If Customer elects to cancel pursuant to the first sentence of this Section 9.3, Customer's minimum commitment as specified in Article 3 for the Delivery Year in which Delivery of the delayed Enriched Product was to have been made shall be reduced accordingly. Further, the Feed Material allocated to the cancelled Delivery pursuant to Section 5.1 shall no longer be subject to such allocation, and instead, shall be returned to Customer at a Converter in North America where it can be used to procure substitute Enriched Product from a third party. If not returned to Customer within *****, Supplier shall *****.
Delayed Deliveries. If the Supplier has reason to assume that he will not be able to meet the delivery time as agreed in the Supply Agreement, he shall immediately notify Cargotec thereof in writing, stating the cause and estimated duration of the delay. The Supplier shall use its best endeavors to reduce the time of delay. Cargotec shall be entitled to demand the Supplier to arrange on Supplier’s cost an express transportation to limit as far as possible the effects of the late delivery. If the agreed delivery time for the Products or for the documents pertaining thereto is exceeded and if the Supplier cannot prove that the delay is directly attributable to any circumstances which according to Section 18 are to be considered Force Majeure, Cargotec shall be entitled to compensation, as liquidated damages amounting to 1 % of the total purchase price for the Products ordered under the purchase order per each calendar day by which the delivery date is exceeded, the liquidated damages shall be maximum 20% the total purchase price for the Products ordered under the relevant purchase order . The above mentioned liquidated damages shall not in any way limit or exclude Cargotec’ s right to full compensation of damages, or any other rights according to the Supply Agreement or applicable law. In addition to any other right Cargotec has according to the Supply Agreement Cargotec is entitled to, (i) completely or partly terminate the purchase of the Product and of other Products which Cargotec does not consider having any use of due to the late delivery, and
