Delayed Delivery. (a) No adjustment shall be made and the CONTRACT PRICE shall remain unchanged for the first thirty (30) days of the delay in delivery of the VESSEL ending as of 12 o'clock midnight Korean Standard Time on the thirtieth (30th) day of delay beyond the DELIVERY DATE calculated as provided in Article VII.1. hereof.
(b) If delivery of the VESSEL is delayed more than thirty (30) days beyond the DELIVERY DATE then, in such event, beginning at midnight of the thirtieth (30th) day after such due date, the CONTRACT PRICE of the VESSEL shall be reduced by U.S. Dollars Twenty Three Thousand (US$ 23,000) for each full day of delay. However, unless the parties agree otherwise, the total amount of deduction from the CONTRACT PRICE shall not exceed the amount due to cover the delay of one hundred and eighty (180) days after thirty (30) days of the delay in delivery of the VESSEL at the rate of deduction as specified hereinabove.
(c) But, if the delay in delivery of the VESSEL continues for a period of more than two hundred and ten (210) days beyond the DELIVERY DATE then, in such event, and after such period has expired, the BUYER may, at its option, rescind or cancel this CONTRACT, by serving upon the BUILDER a notice of cancellation by email or facsimile to be confirmed by a registered letter via airmail directed to the BUILDER at the address given in this CONTRACT. Such cancellation shall be effective as of the date the notice thereof is received by the BUILDER. If the BUYER has not served the notice of cancellation after the aforementioned two hundred and ten (210) days delay in delivery, the BUILDER may demand the BUYER to make an election in accordance with Article VIII.3. hereof.
(d) For the purpose of this Article, the delivery of the VESSEL shall be deemed to be delayed when and if the VESSEL, after taking into full account extension of the DELIVERY DATE or permissible delays as specifically provided in Articles V, VI, VIII, XI or elsewhere in this CONTRACT, is delivered beyond the date upon which delivery would then be due under the terms of this CONTRACT.
Delayed Delivery. In connection with the transfer under Section 2.01(a) by the Depositor, the Depositor shall effect delivery of the Mortgage Loan Schedule to the Trust and the Indenture Trustee by the Closing Date and delivery of the Mortgage Files to the Trust, and the Trust shall deliver them to the Indenture Trustee,
(1) no later than the Closing Date, with respect to no less than 50% of the Initial Mortgage Loans in each Loan Group,
(2) no later than the twentieth day after the Closing Date, with respect to no less than 40% of the Initial Mortgage Loans in each Loan Group in addition to those delivered on the Closing Date, and
(3) within thirty days following the Closing Date, with respect to the remaining Initial Mortgage Loans. In connection with the transfers by the Depositor under Section 2.01(b), the Depositor shall effect delivery of a revised Mortgage Loan Schedule reflecting the addition of the Additional Home Equity Loans to the Indenture Trustee following the relevant Subsequent Closing Date and of the relevant Mortgage Files to the Custodian,
(A) no later than the relevant Subsequent Closing Date, with respect to no less than 10% of the relevant Additional Home Equity Loans, and
(B) within twenty days following the relevant Subsequent Closing Date, with respect to the remaining relevant Additional Home Equity Loans. In lieu of delivery of original documentation, the Depositor may deliver documents that have been imaged optically on delivery of an opinion of counsel to the Indenture Trustee and the Credit Enhancer that the imaged documents are enforceable to the same extent as the originals and do not impair the enforceability of the transfer to the Trust of the Mortgage Loans, if the retention of the imaged documents in the delivered format will not result in a reduction in the then current rating of the Notes without regard to the Policy.
Delayed Delivery. In connection with the transfer under Section 2.01(a) by the Depositor, the Depositor shall effect delivery of the Mortgage Loan Schedule to the Trust and the Indenture Trustee by the Closing Date and delivery of the Mortgage Files to the Trust, and the Trust shall deliver them to the Indenture Trustee,
(i) no later than the Closing Date, with respect to no less than 50% of the Mortgage Loans in each Loan Group,
(ii) no later than the twentieth day after the Closing Date, with respect to no less than 40% of the Mortgage Loans in each Loan Group in addition to those delivered on the Closing Date, and
(iii) within thirty days following the Closing Date, with respect to the remaining Mortgage Loans.
Delayed Delivery. If Delivery takes place after the Scheduled Delivery Date or does not happen due to an Unforeseen Event or for any other reason (other than Lessor's willful misconduct in the performance of its obligation to deliver the Aircraft under and subject to the conditions in the Lease):
(a) Lessor will not be responsible for any Losses that Lessee suffers resulting from the delay or from the non-delivery of the Aircraft;
(b) Lessee will not, except in the circumstances described in Section 4.4(c), be entitled to terminate the Lease or to reject the Aircraft when it is offered for Delivery because of the delay.
(c) If the Aircraft has not been tendered for Delivery, in accordance with Section 4.3, by the Final Delivery Date, either party may terminate the Lease by delivering notice to the other party within 10 days of such Final Delivery Date (and if such notice is not delivered within such 10-day period the Final Delivery Date will be deemed extended for one additional period of 90 days). Upon the delivery of any such notice or automatically on the expiration of such 90-day period if no such notice has been delivered, all obligations of each party under the Lease will end on the date of such notice or the date of the expiration of such period, as the case may be, except that Lessor will repay to Lessee the Deposit (if any) or return to Lessee or cancel any Letter of Credit and Lessee will remain obligated under its indemnity set forth in Section 3 of Schedule 4.
(d) Lessee hereby agrees that its only right or remedy for a delay in or failure of delivery of the Aircraft due to an Unforeseen Event or for any other reason (other than Lessor's willful misconduct in the performance of its obligation to deliver the Aircraft under and subject to the conditions in the Lease) is the remedy set forth in Section 4.4(c) above and Lessee hereby waives any rights it may have under Section 2A-406 of the UCC or otherwise for any delay in or failure of delivery.
Delayed Delivery. In connection with the transfer under Section 2.01(a) by the Depositor, the Depositor shall effect delivery of the Mortgage Loan Schedule to the Trust and the Indenture Trustee by the Closing Date and delivery of the Mortgage Files to the Trust, and the Trust shall deliver them to the Indenture Trustee,
(i) no later than the Closing Date, with respect to no less than 50% of the Mortgage Loans in each Loan Group,
(ii) no later than the twentieth day after the Closing Date, with respect to no less than 40% of the Mortgage Loans in each Loan Group in addition to those delivered on the Closing Date, and
(iii) within thirty days following the Closing Date, with respect to the remaining Mortgage Loans. In lieu of delivery of original documentation, the Depositor may deliver documents that have been imaged optically on delivery of an opinion of counsel to the Indenture Trustee and the Credit Enhancer that the imaged documents are enforceable to the same extent as the originals and do not impair the enforceability of the transfer to the Trust of the Mortgage Loans, if the retention of the imaged documents in the delivered format will not result in a reduction in the then current rating of the Notes without regard to the Policy.
Delayed Delivery. Delay in delivery is based upon the delivery time in pos. 4.1.
Delayed Delivery. 1. The Supplier shall be liable to the Buyer for any losses due to late delivery.
2. The amount of damages shall depend on the extent of the delay. Unless otherwise provided, 1% of the order value shall be payable in damages for each week of delay that has commenced prior to delivery.
3. The Buyer reserves the right to claim greater proven damages.
4. If we accept late delivery or performance without reservation, that shall not be deemed a renunciation of any damages to which we are entitled for late delivery or performance.
Delayed Delivery. If delivery of any Products is delayed (i) more than [*] days on or before December 31, 1999, or (ii) more than [*] days (after December 31, 1999) following the accepted scheduled delivery date, McDATA may, at any time prior to delivery by BROCADE of such Products to the transporting carrier, cancel without penalty that undelivered portion of its purchase order covering such Products.
Delayed Delivery. If a delivery delay is foreseen, the Vendor shall give written notice to the District of such fact, the underlying circumstance, and the expected length of the delay. The District has the right to extend the delivery date if reasons appear valid. The Vendor must keep the District advised at all times of the status of the order. If the Vendor has already received purchase orders which have not been completed within the specified delivery time, the District reserves the right to withhold issuance of further orders until all purchase orders have been filled and acceptable assurance has been given that the event will not be repeated. Hours for Delivery. Delivery shall be made during the normal working hours listed below for departments of the District unless prior approval for after-hours delivery has been obtained from the District, in writing. For larger orders or deliveries requiring large trucks, the Vendor should notify the receiving department prior to arrival. All schools - delivery times shall be 9:00 a.m. to 3:00 p.m. on normal school days. District’s Warehouse Department and other District facilities - delivery times shall be 7:00 a.m. to 3:30 p.m. on normal business days.
Delayed Delivery. If at any time this Warrant is outstanding, the optional exercise of rights hereunder by the Holder or the automatic exercise of rights would entitle the Holder to receive Warrant Shares, but the receipt of such Warrant Shares is prevented by the application of the Beneficial Ownership Limitation, then such exercise of rights including exercise pursuant to Section 2(c) will take place except that the delivery of Warrant Shares which exceed the Beneficial Ownership Limitation will be held in abeyance and delayed to the soonest date or dates when such Warrant Shares may be permissibly be delivered without exceeding the Beneficial Ownership Limitation, provided Holder complies with all other obligations hereunder and pursuant to such other transaction, if any, as are applicable to similarly situated participants, that would not result in Holder exceeding the Beneficial Ownership Limitation. The Holder acknowledges that the provisions of this Section 3(i) have been included solely for the convenience of the Holder and that the Holder shall be solely responsible for its compliance with the terms of this Section 3(i). The Company shall have no obligation to provide the Holder with any notice or to take any other action under this Section 3(i) and shall have no liability for the failure of the Holder to effectively exercise its rights under this Section 3(i).
