Delayed Shipments. If shipments are delayed by Xxxxx, ECT may nevertheless invoice Buyer when ECT is prepared to ship.
Delayed Shipments. Except as provided in Section 8.1, Galectin Therapeutics shall ship all Compound within ninety (90) days of receipt of a Product Order compliant with this Agreement. If the Compound is not shipped within ninety (90) days of receipt of the applicable Product Order, Galectin Therapeutics will have thirty (30) days to initiate shipment of the Compound for such Product Order. If the Compound is not shipped by the end of such additional thirty (30) day period, Procaps will receive a xx discount to the invoice price of such Product Order. If the Compound shipment is (i) delayed beyond one-hundred and twenty (120) days and (ii) Procaps inventory of Product and Compound is fully depleted due to the delayed shipment, Procaps will receive a [****]% discount to the invoice price of such Product Order. Galectin Therapeutics’ shipment obligations end upon transfer of the shipment to the Carrier. Such delayed shipment discounts shall be Procaps’ sole remedy in the event of Galectin Therapeutics’ failure to ship Compound within the time required under this Agreement. The above delayed shipment discounts shall not apply if due to an Act of God or a Force Majeure. Galectin Therapeutics and Procaps agree to maintain levels of inventory as provided in Sections 10.3 and 10.6, respectively.
Delayed Shipments. Seller may, prior to Buyer’s vessel having been accepted by the terminal, delay the delivery of any shipment for operational reasons beyond the delivery date set forth in the Delivery Schedule (a “Delayed Shipment”). Seller shall notify Buyer in writing of the reasons for the delay and Buyer shall notify Seller of its intention to (i) cancel such Delayed Shipment, or (ii) seek delivery of such Delayed Shipment within sixty (60) days of the originally agreed laycan. In the event that Seller does not make-up such Delayed Shipment within sixty (60) days after receipt of this written notice, Buyer shall in its sole discretion a) have the right to cancel such Delayed Shipment without penalty or further obligation, and such Shipment shall be excised from this Agreement if Buyer elects such remedy or b) Seller shall pay Buyer an amount for each ton of coal not delivered equal to the positive difference, if any, obtained by subtracting the Base Price from the Replacement Price as set forth in Section 10.1. In the event that Buyer delays taking delivery of any shipment for operational reasons beyond the delivery date set forth in the Delivery Schedule (a “Delayed Shipment”), Buyer shall notify Seller in writing of the reasons for the delay and Seller shall notify Buyer of its intention to (i) cancel such Delayed Shipment, or (ii) seek delivery of such Delayed Shipment within sixty (60) days of the originally agreed laycan. In the event that Buyer does not take delivery of such Delayed Shipment within sixty (60) days after receipt of this written notice, Seller shall at its sole discretion have the right to cancel such Delayed Shipment without penalty or further obligation, and such Shipment shall be excised from this Agreement if Seller elects such remedy or b) Buyer shall pay Seller an amount for each ton of coal not taken equal to the positive difference, if any, obtained by subtracting the Resale Price from the Base Price as set forth in Section 10,1. If at any time a Party has reason to believe that deliveries will not be made or accepted as scheduled, such Party shall give written notice to the other Party setting forth the cause of the anticipated delay. At all material times, the Parties shall exercise commercially reasonable efforts to mitigate any losses or damages resulting from any delayed shipment. Each Party shall be responsible for payment of the amounts set forth in the preceding paragraphs, as well as demurrage, unless its performance is excused for...
Delayed Shipments. DHL will make every reasonable effort to deliver the Shipment according to DHL’s regular delivery schedules, but these delivery schedules are not guaranteed and do not form part of the contract. DHL is not liable for any damages or loss caused by delays.
Delayed Shipments. DMC Stratex may request MTI to delay shipment of any Products for only up to [****] beyond the original shipment date, at no cost to DMC Stratex. The maximum allowable delayed shipments will not exceed [****] of the [****] scheduled shipments. Any shipment delayed at DMC Stratex's request for [****] or more than the original shipment date shall be fully paid by DMC Stratex to MTI at its total price in the applicable Purchase Order, regardless of whether the shipment has been delivered to DMC Stratex or DMC Stratex's customers, and payment for such shipment shall be due and payable in accordance with Section 10.1 of this Agreement. Upon such payment, title to Products in such delayed shipment will fully vest in DMC Stratex. MTI shall issue the invoice for such delayed shipment upon the earlier of: (a) the shipment date of the Products; and (b) the expiration of such [****] period.
Delayed Shipments. We agree to make every effort to deliver the Shipment according to the delivery schedules provided in Clause 8 above, but we are not liable for any delays, even if they are our fault in:-
