Common use of Delivery and Default Clause in Contracts

Delivery and Default. Time is of the essence in the performance of this order. All goods must be shipped at the most advantageous rates unless otherwise authorized in writing by Buyer; any extra expense in effecting delivery of goods not so shipped will be charged to Seller. Delivery shall not be deemed to be complete until goods or services have actually been accepted by Buyer. Delivery of goods or services must be made within the time specified in this order or applicable order. In the event Seller for any reason anticipates difficulty in complying with the required delivery date, or in meeting any of the other requirements of this order, Seller shall promptly notify Buyer in writing. If Seller does not comply with Buyer’s delivery schedule, Buyer may require delivery by fastest way and charges resulting from the premium transportation must be fully prepaid and absorbed by Seller. Buyer may by written notice of default to Seller terminate the whole or any part of this order (i) if Seller fails to perform within the time specified herein or any extension thereof; or (ii) if Seller fails to perform any of the provisions of this order. In the event of termination pursuant to this section, Buyer shall have the right, in addition to any other rights and remedies conferred by law or under this order, to procure, upon such terms and in such manner as Buyer may deem appropriate, goods or services similar to those terminated, and Seller shall be liable to Buyer for any excess costs for such similar goods or services. Unless otherwise agreed in writing, Seller shall not make material commitments or production arrangements in excess of the amount or in advance of the time necessary to meet the agreed upon delivery schedule. It is Seller's responsibility to comply with this schedule, but not to anticipate Buyer's requirements.

Delivery and Default. Time is of the essence in the performance of this order. All goods must be shipped at the most advantageous rates unless otherwise authorized in writing by Buyer; any extra expense in effecting delivery of goods not so shipped will be charged to SellerOrder. Delivery shall not be deemed to be complete until goods or services have actually been accepted by Buyer. Delivery of goods or services must be made within the time specified in this order or applicable orderOrder. In the event Seller for any reason anticipates difficulty in complying with the required delivery date, or in meeting any of the other requirements of this orderOrder, Seller shall promptly notify Buyer in writing. If Seller does not comply with Buyer’s complete delivery schedulewithin the time specified, Buyer may require delivery by fastest way way, and charges resulting from the premium transportation must be fully prepaid and absorbed by Seller. Buyer may by written notice of default to Seller terminate the whole or any part of this order Order (i) if Seller fails to perform within the time specified herein or any extension thereof; or (ii) if Seller fails to perform any of the provisions of this orderOrder. In the event of termination pursuant to this section, Buyer shall have the right, in addition to any other rights and remedies conferred by law or under this orderOrder, to procure, upon such terms and in such manner as Buyer may deem appropriate, goods or services similar to those terminated, and Seller shall be liable to Buyer for any excess costs for such similar goods or services. Unless otherwise agreed in writinga writing signed by Buyer’s authorized representative, Seller shall not make material commitments or production arrangements in excess of the amount ordered or in advance of the time necessary to meet the agreed upon delivery schedule. It is Seller's responsibility to comply with this schedule, but not to anticipate Buyer's requirements. Goods may not be shipped to Buyer more than ten (10) days in advance of the time specified in this Order without Buyer’s prior written approval. Any unapproved shipments may be returned to Seller at Seller's expense, shipping charges collect inclusive of customs fees and duty and taxes, if applicable.

Delivery and Default. Time is of the essence in the performance of this order. All goods must be shipped at the most advantageous rates unless otherwise authorized in writing by Buyer; any extra expense in effecting delivery of goods not so shipped will be charged to SellerOrder. Delivery shall not be deemed to be complete until goods or services have actually been accepted by BuyerXxxxx. Delivery of goods or services must be made within the time specified in this order or applicable orderOrder. In the event Seller for any reason anticipates difficulty in complying with the required delivery date, or in meeting any of the other requirements of this orderOrder, Seller shall promptly notify Buyer in writing. If Seller does not comply with Buyer’s complete delivery schedulewithin the time specified, Buyer may require delivery by fastest way way, and charges resulting from the premium transportation must be fully prepaid and absorbed by Seller. Buyer may by written notice of default to Seller terminate the whole or any part of this order Order (i) if Seller fails to perform within the time specified herein or any extension thereof; or (ii) if Seller fails to perform any of the provisions of this orderOrder. In the event of termination pursuant to this section, Buyer shall have the right, in addition to any other rights and remedies conferred by law or under this orderOrder, to procure, upon such terms and in such manner as Buyer may deem appropriate, goods or services similar to those terminated, and Seller shall be liable to Buyer for any excess costs for such similar goods or services. Unless otherwise agreed in writinga writing signed by Xxxxx’s authorized representative, Seller shall not make material commitments or production arrangements in excess of the amount ordered or in advance of the time necessary to meet the agreed upon delivery schedule. It is SellerXxxxxx's responsibility to comply with this schedule, but not to anticipate Buyer's requirements. Goods may not be shipped to Buyer more than ten (10) days in advance of the time specified in this Order without Xxxxx’s prior written approval. Any unapproved shipments may be returned to Seller at Seller's expense, shipping charges collect inclusive of customs fees and duty and taxes, if applicable.

Delivery and Default. Time is of the essence in the performance of this order. All Unless otherwise stated by Buyer, all goods must be shipped FCA Point of Manufacture (pursuant to INCOTERMS in effect on the date of Buyer’s purchase order). If the parties elect to ship DDU, Buyer shall prepare and file all import documentation. At all times, Seller shall be responsible for preparing and filing all export documentation for all shipments. To the extent Seller is responsible for any transportation in connection with such shipments, Seller shall ship at the most advantageous rates unless otherwise authorized in writing by Buyer; any . Any extra expense in effecting delivery of goods not so shipped will be charged to Seller. Buyer may instruct Seller to ship goods to a third party selected by Buyer, including, without limitation, Buyer’s customers’ locations. Delivery shall not be deemed to be complete until goods or services have actually been accepted by BuyerBuyer or its representative. Delivery of goods or services must be made within the time specified in this order (or applicable orderchange order as the case may be). In the event Seller for any reason anticipates difficulty in complying with the required delivery date, or in meeting any of the Buyer’s other requirements of this orderrequirements, then Seller shall promptly notify Buyer in writing. If Seller does not comply with Buyer’s delivery schedule, Buyer may require delivery by fastest way and charges resulting from the premium transportation must be fully prepaid and absorbed by Seller. Buyer may by written notice of default to Seller terminate the whole or any part of this order (i) if Seller fails to perform within the time specified herein or any extension thereof; or (ii) if Seller fails to perform any of the provisions of this order. In the event of termination pursuant to this section, Buyer shall have the right, in addition to any other rights and remedies conferred by law or under this order, to procure, upon such terms and in such manner as Buyer may deem appropriateAnnex B [***] = Certain confidential information contained in this document, goods or services similar marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to those terminatedthis omitted information. DRESSER-RAND COMPANY TERMS AND CONDITIONS OF PURCHASE D-R195 Terms and Conditions –USA - Effective May 20, and Seller shall be liable to Buyer for any excess costs for such similar goods or services. Unless otherwise agreed in writing, Seller shall not make material commitments or production arrangements in excess of the amount or in advance of the time necessary to meet the agreed upon delivery schedule. It is Seller's responsibility to comply with this schedule, but not to anticipate Buyer's requirements.2015

Delivery and Default. Time is of the essence in the performance of this the Agreement. Unless provided otherwise in Buyer’s purchase order. All , all goods are to be shipped DDP, Incoterms 2010 (or its successor), and must be shipped at the most advantageous rates unless otherwise authorized in writing by Buyerrates; any extra expense in effecting delivery of goods not so shipped will be charged to borne by Seller. Delivery shall will not be deemed to be complete until goods or services have actually been accepted by Buyer. Delivery of goods or services must be made within the time specified in this order or applicable Buyer’s purchase order. In the event Seller for any reason anticipates difficulty in complying with the required delivery date, or in meeting any of the other requirements of this Buyer’s purchase order, Seller shall promptly notify Buyer in writing. If Seller does not comply with Buyer’s delivery schedule, Buyer may require delivery by fastest way and charges resulting from the premium transportation must shall be fully prepaid and absorbed by Seller. Buyer may by written notice of default to Seller terminate the whole or any part of this Buyer’s purchase order if (i) if Seller fails to perform within the specified time specified herein or (including any extension thereof; thereof agreed to in writing by Buyer), or (ii) if Seller fails to perform any of the provisions of this orderthe Agreement. In the event of termination pursuant to this section, Buyer shall will have the right, in addition to any other rights and remedies conferred by law or under this orderthe Agreement, to procure, upon such terms and in such manner as Buyer may deem appropriate, goods or services similar to those terminated, and Seller shall will be liable to Buyer for any excess costs for such similar goods or services. Unless otherwise agreed in writing, Seller shall not make material commitments or production arrangements in excess of the amount or in advance of the time necessary to meet the agreed upon delivery schedule. It is Seller's responsibility to comply with this schedulethe schedule set forth in Buyer’s purchase order, but not to anticipate Buyer's requirementsrequirements not contained in the purchase order.

Delivery and Default. Time is of the essence in the performance of this the Agreement. Unless provided otherwise in Buyer’s purchase order. All , all goods are to be shipped DDP, Incoterms 2010 (or its successor), and must be shipped at the most advantageous rates unless otherwise authorized in writing by Buyerrates; any extra expense in effecting delivery of goods not so shipped will be charged to borne by Seller. Delivery shall will not be deemed to be complete until goods or services have actually been accepted by BuyerXxxxx. Delivery of goods or services must be made within the time specified in this order or applicable Buyer’s purchase order. In the event Seller for any reason anticipates difficulty in complying with the required delivery date, or in meeting any of the other requirements of this Buyer’s purchase order, Seller shall promptly notify Buyer in writing. If Seller does not comply with Buyer’s delivery schedule, Buyer may require delivery by fastest way and charges resulting from the premium transportation must shall be fully prepaid and absorbed by Seller. Buyer may by written notice of default to Seller terminate the whole or any part of this Buyer’s purchase order if (i) if Seller fails to perform within the specified time specified herein or (including any extension thereof; thereof agreed to in writing by Buyer), or (ii) if Seller fails to perform any of the provisions of this orderthe Agreement. In the event of termination pursuant to this section, Buyer shall will have the right, in addition to any other rights and remedies conferred by law or under this orderthe Agreement, to procure, upon such terms and in such manner as Buyer may deem appropriate, goods or services similar to those terminated, and Seller shall will be liable to Buyer for any excess costs for such similar goods or services. Unless otherwise agreed in writing, Seller shall not make material commitments or production arrangements in excess of the amount or in advance of the time necessary to meet the agreed upon delivery schedule. It is Seller's responsibility to comply with this schedulethe schedule set forth in Buyer’s purchase order, but not to anticipate Buyer's requirementsrequirements not contained in the purchase order.