Common use of DELIVERY AND DELAYS Clause in Contracts

DELIVERY AND DELAYS. Seller shall deliver the equipment, materials or work ordered by Buyer (herein "goods"), in accordance with the delivery schedule and destination stated in the purchase orders. Delay beyond the required schedule shall be excused by Buyer in writing (i) if due to an unforeseeable labor dispute or other force majeure cause beyond Seller's control and without the fault or negligence of Seller and (ii) provided Seller notifies Buyer promptly of the cause of such delay and the date when performance will be resumed by Seller, and Buyer approves in writing an extension of the time to perform. Seller shall furnish and maintain ample and competent labor, supervisors, management and engineers of all classes, as well as ample resources and facilitates both in its shops and at the job-site to meet the schedule specified in the purchase orders. Seller shall begin the work at such time as will ensure its progress and completion as established pursuant to the purchase orders and shall complete same, free of all liens and charges, at the time specified for completion. If, in the opinion of the Buyer, Seller fails to prosecute the work with all necessary means and diligence to ensure its completion within the time specified, Buyer may give Seller written notice to that effect and order Seller at Seller's expense to employ more personnel, have personnel work overtime, extra shifts, Saturdays, Sundays or holidays, and use more machinery, equipment, tools, and other resources upon the work. Seller shall specify to Buyer the additional resources to be employed by Seller and Buyer shall decide whether or not such additional resources will be sufficient in the Buyer's judgment, for the successful prosecution of the work. Should Seller fail to comply with such written demand within ten (10) working days from the date thereof, or within such other time as Buyer may in writing prescribe, Buyer may without prejudice to any other remedy it may have, employ any necessary means to complete the work within the time specified, including, at Buyer's option, declaring Seller to be in default and take action as provided for herein or at law or in equity.

DELIVERY AND DELAYS. Seller Time is of the essence. Delivery terms shall be as provided on the face sheets of this Purchase Order to Buyer’s address identified on the face sheets of this Purchase Order where title and risk of loss shall pass. If delivery terms are not provided on the face sheets of this Purchase Order, delivery shall be Delivered At Place (DAP Incoterms (2010)) destination to Buyer’s address identified on the face sheets of this Purchase Order where title and risk of loss shall pass. Buyer bases its schedules upon Supplier’s representation that Supplier will deliver the equipmentComponents to Buyer by the dates specified on the face sheets of this Purchase Order. Time is therefore of the essence and if the Components are not delivered within the time specified hereon, materials or work ordered Buyer may reject such Components and cancel this Purchase Order, and have no obligation whatsoever to pay for the Components. Buyer’s acceptance of delinquent deliveries shall not be deemed a waiver by Buyer (herein "goods")of its right to cancel this Purchase Order, in accordance with the or to refuse to accept further deliveries. As soon as Supplier determines that a delivery schedule and destination stated in the purchase orders. Delay beyond the required schedule date cannot be met, Supplier shall be excused by immediately inform Buyer in writing (i) if due to an unforeseeable labor dispute or other force majeure cause beyond Seller's control and without the fault or negligence of Seller and (ii) provided Seller notifies Buyer promptly of the cause of for such delay and the Supplier’s earliest possible delivery date when performance will be resumed by Seller, and so that Buyer approves in writing an extension of the time can determine whether to performaccept Supplier’s proposed new schedule. Seller shall furnish and maintain ample and competent labor, supervisors, management and engineers of all classes, as well as ample resources and facilitates both in its shops and at the job-site to meet the schedule specified Supplier agrees that in the purchase ordersevent Components are delinquent to Buyer’s acknowledged Purchase Order, Supplier will grant Buyer first priority for completed Components allocation and shipment. Seller shall begin the work at such time as will ensure its progress and completion as established pursuant to the purchase orders and shall complete same, free of all liens and charges, at the time specified for completion. If, in the opinion of the Buyer, Seller fails to prosecute the work with all necessary means and diligence to ensure its completion within the time specified, Buyer may give Seller written notice to that effect and order Seller at Seller's expense to employ more personnel, have personnel work overtime, extra shifts, Saturdays, Sundays or holidays, and use more machinery, equipment, tools, and other resources upon the work. Seller shall specify The above remedies afforded to Buyer the additional resources to shall not be employed by Seller exclusive and Supplier shall indemnify and hold Buyer shall decide whether or not such additional resources will be sufficient in the Buyer's judgmentharmless from and against any and all damages, for the successful prosecution losses, demands, costs and expenses arising from claims of the work. Should Seller fail to comply with such written demand within ten (10) working days from the date thereof, or within such other time as Buyer may in writing prescribe, Buyer may without prejudice third parties due to any other remedy it may have, employ any necessary means to complete the work within the time specified, including, at Buyer's option, declaring Seller to be in breach or default and take action as provided for herein or at law or in equityset forth above.

DELIVERY AND DELAYS. Seller Time is of the essence in Supplier’s performance of a Purchase Order. Supplier shall deliver the equipment, materials or work ordered by Buyer (herein "goods"), in accordance with the delivery schedule and destination stated lead time set forth in the purchase ordersPurchase Order. Delay beyond the required schedule Delivery terms shall be excused by as provided on the face sheets. Title and risk of loss shall pass to Buyer in writing (i) if due to an unforeseeable labor dispute or other force majeure cause beyond Seller's control and without the fault or negligence of Seller and (ii) provided Seller notifies Buyer promptly upon receipt of the cause Components to Buyer’s facility address identified on the face sheet of such delay and this Purchase Order. If delivery terms are not provided on the date when performance face sheets of this Purchase Order, delivery shall be Delivered Duty Paid (DDP Incoterms (2010)) destination to Buyer’s facility address identified on the face sheets of this Purchase Order. Buyer bases its schedules upon Supplier’s representation that Supplier will be resumed deliver the Components to Buyer by Seller, and Buyer approves in writing an extension the dates specified on the face sheets of the time to performthis Purchase Order. Seller shall furnish and maintain ample and competent labor, supervisors, management and engineers of all classes, as well as ample resources and facilitates both in its shops and at the job-site to meet the schedule specified in the purchase orders. Seller shall begin the work at such time as will ensure its progress and completion as established pursuant to the purchase orders and shall complete same, free of all liens and charges, at the time specified for completion. If, in the opinion of the Buyer, Seller fails to prosecute the work with all necessary means and diligence to ensure its completion within the time specified, Buyer may give Seller delay delivery of firm Purchase Order without cost provided that Buyer provides Supplier with written notice to that effect and order Seller at Seller's expense to employ more personnel, have personnel work overtime, extra shifts, Saturdays, Sundays or holidays, and use more machinery, equipment, tools, and other resources upon the work. Seller shall specify to Buyer the additional resources to be employed by Seller and Buyer shall decide whether or not such additional resources will be sufficient in the Buyer's judgment, for the successful prosecution of the work. Should Seller fail to comply with such written demand within least ten (10) working days from prior to the date thereofscheduled delivery date. Buyer’s acceptance of delinquent deliveries shall not be deemed a waiver by Buyer of its right to cancel this Purchase Order, or within such other time to refuse to accept further deliveries. As soon as Supplier determines that a delivery date cannot be met, Supplier shall immediately inform Buyer may in writing prescribeof the cause for such delay and Supplier’s earliest possible delivery date so that Buyer can determine whether to accept Supplier’s proposed new schedule. Supplier agrees that in the event Components are delinquent to Buyer’s acknowledged Purchase Order, Supplier will grant Buyer may without prejudice first priority for completed Components allocation and shipment. The above remedies afforded to Buyer shall not be exclusive and Supplier shall indemnify and hold Buyer harmless from and against any and all damages, losses, demands, costs and expenses arising from claims of third parties due to any other remedy it may havebreach or default set forth above. Supplier shall comply with any specific shipping instructions issued by Buyer, employ any necessary means to complete the work within the time specified, including, at including assisting Buyer with import documentation and complying with Buyer's option, declaring Seller to be in default and take action as provided for herein or at law or in equity’s routing guidelines.

DELIVERY AND DELAYS. Seller Time is of the essence in Supplier’s performance of a Purchase Order. Supplier shall deliver the equipment, materials or work ordered by Buyer (herein "goods"), in accordance with the delivery schedule and destination stated lead time set forth in the purchase ordersPurchase Order. Delay beyond the required schedule Delivery terms shall be excused by as provided on the face sheets. Title and risk of loss shall pass to Buyer in writing (i) if due to an unforeseeable labor dispute or other force majeure cause beyond Seller's control and without the fault or negligence of Seller and (ii) provided Seller notifies Buyer promptly upon receipt of the cause Products to Buyer’s facility address identified on the face sheet of such delay and this Purchase Order. If delivery terms are not provided on the date when performance face sheets of this Purchase Order, delivery shall be Delivered Duty Paid (DDP Incoterms (2010)) destination to Buyer’s facility address identified on the face sheets of this Purchase Order. Buyer bases its schedules upon Supplier’s representation that Supplier will be resumed deliver the Products to Buyer by Seller, and Buyer approves in writing an extension the dates specified on the face sheets of the time to performthis Purchase Order. Seller shall furnish and maintain ample and competent labor, supervisors, management and engineers of all classes, as well as ample resources and facilitates both in its shops and at the job-site to meet the schedule specified in the purchase orders. Seller shall begin the work at such time as will ensure its progress and completion as established pursuant to the purchase orders and shall complete same, free of all liens and charges, at the time specified for completion. If, in the opinion of the Buyer, Seller fails to prosecute the work with all necessary means and diligence to ensure its completion within the time specified, Buyer may give Seller delay delivery of firm Purchase Order without cost provided that Buyer provides Supplier with written notice to that effect and order Seller at Seller's expense to employ more personnel, have personnel work overtime, extra shifts, Saturdays, Sundays or holidays, and use more machinery, equipment, tools, and other resources upon the work. Seller shall specify to Buyer the additional resources to be employed by Seller and Buyer shall decide whether or not such additional resources will be sufficient in the Buyer's judgment, for the successful prosecution of the work. Should Seller fail to comply with such written demand within least ten (10) working days from prior to the date thereofscheduled delivery date. Xxxxx’s acceptance of delinquent deliveries shall not be deemed a waiver by Buyer of its right to cancel this Purchase Order, or within such other time to refuse to accept further deliveries. As soon as Buyer may Supplier determines that a delivery date cannot be met, Supplier shall immediately inform Xxxxx in writing prescribeof the cause for such delay and Supplier’s earliest possible delivery date so that Buyer can determine whether to accept Supplier’s proposed new schedule. Supplier agrees that in the event Products are delinquent to Buyer’s acknowledged Purchase Order, Supplier will grant Buyer may without prejudice first priority for completed Products allocation and shipment from Supplier’s products. The above remedies afforded to Buyer shall not be exclusive and Supplier shall indemnify and hold Buyer harmless from and against any and all damages, losses, demands, costs and expenses arising from claims of third parties due to any other remedy it may havebreach or default set forth above. Supplier shall comply with any specific shipping instructions issued by Buyer, employ any necessary means to complete the work within the time specified, including, at including assisting Buyer with import documentation and complying with Buyer's option, declaring Seller to be in default and take action as provided for herein or at law or in equity’s routing guidelines.

DELIVERY AND DELAYS. Seller Time is of the essence in Supplier’s performance of a Purchase Order. Supplier shall deliver the equipment, materials or work ordered by Buyer (herein "goods"), in accordance with the delivery schedule and destination stated lead time set forth in the purchase ordersPurchase Order. Delay beyond the required schedule Delivery terms shall be excused by as provided on the face sheets. Title and risk of loss shall pass to Buyer in writing (i) if due to an unforeseeable labor dispute or other force majeure cause beyond Seller's control and without the fault or negligence of Seller and (ii) provided Seller notifies Buyer promptly upon receipt of the cause Components to Buyer’s facility address identified on the face sheet of such delay and this Purchase Order. If delivery terms are not provided on the date when performance face sheets of this Purchase Order, delivery shall be Delivered Duty Paid (DDP Incoterms (2010)) destination to Buyer’s facility address identified on the face sheets of this Purchase Order. Buyer bases its schedules upon Supplier’s representation that Supplier will be resumed deliver the Components to Buyer by Seller, and Buyer approves in writing an extension the dates specified on the face sheets of the time to performthis Purchase Order. Seller shall furnish and maintain ample and competent labor, supervisors, management and engineers of all classes, as well as ample resources and facilitates both in its shops and at the job-site to meet the schedule specified in the purchase orders. Seller shall begin the work at such time as will ensure its progress and completion as established pursuant to the purchase orders and shall complete same, free of all liens and charges, at the time specified for completion. If, in the opinion of the Buyer, Seller fails to prosecute the work with all necessary means and diligence to ensure its completion within the time specified, Buyer may give Seller delay delivery of firm Purchase Order without cost provided that Buyer provides Supplier with written notice to that effect and order Seller at Seller's expense to employ more personnel, have personnel work overtime, extra shifts, Saturdays, Sundays or holidays, and use more machinery, equipment, tools, and other resources upon the work. Seller shall specify to Buyer the additional resources to be employed by Seller and Buyer shall decide whether or not such additional resources will be sufficient in the Buyer's judgment, for the successful prosecution of the work. Should Seller fail to comply with such written demand within least ten (10) working days from prior to the date thereofscheduled delivery date. Xxxxx’s acceptance of delinquent deliveries shall not be deemed a waiver by Buyer of its right to cancel this Purchase Order, or within such other time to refuse to accept further deliveries. As soon as Buyer may Supplier determines that a delivery date cannot be met, Supplier shall immediately inform Xxxxx in writing prescribeof the cause for such delay and Supplier’s earliest possible delivery date so that Buyer can determine whether to accept Supplier’s proposed new schedule. Supplier agrees that in the event Components are delinquent to Xxxxx’s acknowledged Purchase Order, Supplier will grant Buyer may without prejudice first priority for completed Components allocation and shipment. The above remedies afforded to Buyer shall not be exclusive and Supplier shall indemnify and hold Buyer harmless from and against any and all damages, losses, demands, costs and expenses arising from claims of third parties due to any other remedy it may havebreach or default set forth above. Supplier shall comply with any specific shipping instructions issued by Buyer, employ any necessary means to complete the work within the time specified, including, at including assisting Buyer with import documentation and complying with Buyer's option, declaring Seller to be in default and take action as provided for herein or at law or in equity’s routing guidelines.

DELIVERY AND DELAYS. Seller Time is of the essence. Delivery terms shall be as provided on the face sheets of this Purchase Order to Buyer’s address identified on the face sheets of this Purchase Order where title and risk of loss shall pass. If delivery terms are not provided on the face sheets of this Purchase Order, delivery shall be Delivered At Place (DAP Incoterms (2010)) destination to Buyer’s address identified on the face sheets of this Purchase Order where title and risk of loss shall pass. Buyer bases its schedules upon Supplier’s representation that Supplier will deliver the equipmentComponents to Buyer by the dates specified on the face sheets of this Purchase Order. Time is therefore of the essence and if the Components are not delivered within the time specified hereon, materials or work ordered Buyer may reject such Components and cancel this Purchase Order, and have no obligation whatsoever to pay for the Components. Xxxxx’s acceptance of delinquent deliveries shall not be deemed a waiver by Buyer (herein "goods")of its right to cancel this Purchase Order, in accordance with the or to refuse to accept further deliveries. As soon as Supplier determines that a delivery schedule and destination stated in the purchase orders. Delay beyond the required schedule date cannot be met, Supplier shall be excused by Buyer immediately inform Xxxxx in writing (i) if due to an unforeseeable labor dispute or other force majeure cause beyond Seller's control and without the fault or negligence of Seller and (ii) provided Seller notifies Buyer promptly of the cause of for such delay and the Supplier’s earliest possible delivery date when performance will be resumed by Seller, and so that Buyer approves in writing an extension of the time can determine whether to performaccept Supplier’s proposed new schedule. Seller shall furnish and maintain ample and competent labor, supervisors, management and engineers of all classes, as well as ample resources and facilitates both in its shops and at the job-site to meet the schedule specified Supplier agrees that in the purchase ordersevent Components are delinquent to Xxxxx’s acknowledged Purchase Order, Supplier will grant Buyer first priority for completed Components allocation and shipment. Seller shall begin the work at such time as will ensure its progress and completion as established pursuant to the purchase orders and shall complete same, free of all liens and charges, at the time specified for completion. If, in the opinion of the Buyer, Seller fails to prosecute the work with all necessary means and diligence to ensure its completion within the time specified, Buyer may give Seller written notice to that effect and order Seller at Seller's expense to employ more personnel, have personnel work overtime, extra shifts, Saturdays, Sundays or holidays, and use more machinery, equipment, tools, and other resources upon the work. Seller shall specify The above remedies afforded to Buyer the additional resources to shall not be employed by Seller exclusive and Supplier shall indemnify and hold Buyer shall decide whether or not such additional resources will be sufficient in the Buyer's judgmentharmless from and against any and all damages, for the successful prosecution losses, demands, costs and expenses arising from claims of the work. Should Seller fail to comply with such written demand within ten (10) working days from the date thereof, or within such other time as Buyer may in writing prescribe, Buyer may without prejudice third parties due to any other remedy it may have, employ any necessary means to complete the work within the time specified, including, at Buyer's option, declaring Seller to be in breach or default and take action as provided for herein or at law or in equityset forth above.

DELIVERY AND DELAYS. Seller Unless otherwise specified, delivery will be F.O.B. Altum RF’s place of manufacture, and Xxxxx assumes all responsibility for risk of loss, or damage to, the Products furnished hereunder upon delivery of the Products to the common carrier. Xxxxx XX shall deliver have the equipmentright to select the means of transportation. Delivery dates quoted by Xxxxx XX are approximate and subject to confirmation. Delay in delivery by Xxxxx XX for any shipment shall not relieve Buyer of its obligation to accept remaining installment deliveries. Xxxxx must make claims for shortages or other errors in delivery in writing to Xxxxx XX within thirty (30) days after Xxxxx’s receipt of shipment and failure to give such written notice shall constitute unqualified acceptance and a waiver of all such claims. Xxxxx XX shall not be responsible for reasonable or excusable delays, materials and Buyer shall not refuse to accept delivery because of any such delays. "Excusable delays" include, without limitation, delays resulting from accidents or work ordered acts of terrorism, acts of God, strikes, fires, floods freight embargoes or transportation delays; shortages of labor, inability to secure fuel, goods, supplies or power at current prices or on account of shortages thereof, any existing or future laws, acts, regulations, orders or decrees of any government body or agency affecting the conduct of Altum RF’s business and with which Xxxxx XX in its judgment and discretion deems it advisable to comply. "Reasonable delays" include, without limitation, delays to which Buyer, when notified, makes no objection. In the event of such delays, the date of delivery shall be extended for a period equal to the time lost by reason of such delays. In the event of Altum RF’s inability, for any reason, to supply the total demand for the Products to be furnished hereunder, Xxxxx XX may allocate its available supply of such Products among any or all of its customers or buyers on such basis as Xxxxx XX may xxxx fair and practical without any liability for any failure of performance which may result there from. If shipping is delayed or interrupted by Buyer (herein "goods")directly or indirectly, in accordance with the delivery schedule and destination stated in the purchase ordersBuyer shall pay Xxxxx XX all additional charges resulting there from. Delay beyond the required schedule shall be excused by Buyer in writing (i) Moreover, if due to an unforeseeable labor dispute or other force majeure cause beyond Seller's control and without the fault or negligence of Seller and (ii) provided Seller notifies Buyer promptly of the cause as a result of such delay and or interruption the date when performance will be resumed by SellerProducts are not shipped within five (5) days after notification has been made to Buyer that it is ready for shipping, Xxxxx XX may store the Products at Buyer’s risk in a warehouse or upon Altum RF’s premises, and Buyer approves in writing an extension of the time to perform. Seller shall furnish pay all handling, transportation and maintain ample and competent labor, supervisors, management and engineers of all classes, as well as ample resources and facilitates both in its shops and storage costs at the job-site to meet the schedule specified in the purchase orders. Seller shall begin the work at such time as will ensure its progress and completion as established pursuant to the purchase orders and shall complete same, free prevailing commercial rates upon submission of all liens and charges, at the time specified for completion. If, in the opinion of the Buyer, Seller fails to prosecute the work with all necessary means and diligence to ensure its completion within the time specified, Buyer may give Seller written notice to that effect and order Seller at Seller's expense to employ more personnel, have personnel work overtime, extra shifts, Saturdays, Sundays or holidays, and use more machinery, equipment, tools, and other resources upon the work. Seller shall specify to Buyer the additional resources to be employed by Seller and Buyer shall decide whether or not such additional resources will be sufficient in the Buyer's judgment, for the successful prosecution of the work. Should Seller fail to comply with such written demand within ten (10) working days from the date thereof, or within such other time as Buyer may in writing prescribe, Buyer may without prejudice to any other remedy it may have, employ any necessary means to complete the work within the time specified, including, at Buyer's option, declaring Seller to be in default and take action as provided for herein or at law or in equityinvoices therefore.