Common use of DELAYED PERFORMANCE Clause in Contracts

DELAYED PERFORMANCE. The Supplier shall deliver the Supplies in the quantities and to the Specification and delivery schedule specified in this Order. The Supplier shall observe delivery requirements strictly. If (1) circumstances, events or causes in the nature of force majeure (as defined in § 9 of these Terms) or other cause beyond the Supplier's reasonable control cause the Supplier to delay performance, (2) the Supplier gives Buyer written notice of this circumstance, event or cause immediately, and (3) Buyer gives its written consent, the time for the Supplier's performance will be extended by a period equal to the resulting delay. If the Supplier fails to perform this Order for any other reason, after 15 days from such failure Buyer may retain or obtain any Supplies wholly or partially completed by the Supplier, obtain materials from others to complete the Order, and either (1) deduct the cost of completing the Order from any monies due the Supplier (whether or not under this Order), or (2) recover those additional costs from the Supplier. This right is in addition to any other right or remedy available to Buyer at law or otherwise. In addition to the aforementioned rights or remedies Buyer may terminate the Contract.

DELAYED PERFORMANCE. The Supplier shall deliver the Supplies in the quantities and to the Specification and delivery schedule specified in this Order. The Supplier shall observe delivery requirements strictly. If (1) circumstances, events or causes in the nature of force majeure Force Majeure (as defined in § Clause 9 of these Terms) or other cause beyond the Supplier's reasonable control cause the Supplier to delay performance, (2) the Supplier gives Buyer MBM written notice of this circumstance, event or cause immediately, and (3) Buyer MBM gives its written consent, the time for the Supplier's performance will be extended by a period equal to the resulting delay. If the Supplier fails to perform this Order for any other reason, after 15 days from such failure Buyer MBM may retain or obtain any Supplies wholly or partially completed by the Supplier, obtain materials from others to complete the Order, and either (1) deduct the cost of completing the Order from any monies due the Supplier (whether or not under this Order), or (2) recover those additional costs from the Supplier. This right is in addition to any other right or remedy available to Buyer MBM at law or otherwise. In addition to the aforementioned rights or remedies Buyer MBM may terminate the ContractAgreement.

DELAYED PERFORMANCE. The Supplier shall deliver the Supplies in the quantities and to the Specification and delivery schedule specified in this Order. The Supplier shall observe delivery requirements strictly. If (1) circumstances, events or causes in the nature of force majeure Force Majeure (as defined in § Clause 9 of these Terms) or other cause beyond the Supplier's reasonable control cause the Supplier to delay performance, (2) the Supplier gives Buyer MBSM written notice of this circumstance, event or cause immediately, and (3) Buyer MBSM gives its written consent, the time for the Supplier's performance will be extended by a period equal to the resulting delay. If the Supplier fails to perform this Order for any other reason, after 15 days from such failure Buyer MBSM may retain or obtain any Supplies wholly or partially completed by the Supplier, obtain materials from others to complete the Order, and either (1) deduct the cost of completing the Order from any monies due the Supplier (whether or not under this Order), or (2) recover those additional costs from the Supplier. This right is in addition to any other right or remedy available to Buyer MBSM at law or otherwise. In addition to the aforementioned rights or remedies Buyer MBSM may terminate the ContractAgreement.