DELIVERY DATE AND DELAYS. If the Delivery Date is delayed at the request of the Customer, or because of his acts or omissions, the Implementation Plan shall be amended to take account of such delay. If the delay results in an increase in cost to Atlas of carrying out its obligations under this Agreement, Atlas shall be entitled to recover such cost increase by way of an adjustment to the Price. In this event, Atlas shall provide written notice to Customer of its intention to increase the Price, such increase not to exceed six (6) percent of the Price.

DELIVERY DATE AND DELAYS. 5.1 Atlas shall supply to the Customer, within a reasonable time before any Delivery Date, such information and assistance as may be necessary to enable the Customer to prepare for the installation of the Customised Products; however, Atlas shall in no circumstances be liable for any deficiency in such preparation. 5.2 If the Delivery Date is delayed at the request of the Customer, or because of his acts or omissions, the Implementation Plan shall be amended to take account of such delay in accordance with clause 7. If Atlas can demonstrate that the delay has resulted in an increase in cost to Atlas of carrying out its obligations under this Agreement, Atlas may, at its sole discretion, notify the Customer that it wishes to increase the Price by an amount not exceeding any such demonstrable cost. Atlas may invoice the Customer for any additional monies that become payable in this way, within thirty (30) days of demonstrating the increase in costs. 5.3 In the event that a key date within the Implementation Plan is delayed for a period exceeding five (5) days and this delay is caused by Customer’s failure to provide material information which has been requested by Atlas, Atlas shall be entitled to suspend the Services and release all Atlas personnel dedicated to the Services. All costs incurred by Atlas in the resumption of Services, including costs relating to the re-appointment of Atlas personnel to the Services, shall be for the account of the Customer.

DELIVERY DATE AND DELAYS. All Equipment to be supplied under this Section shall be delivered no later than the Delivery Date or the Alternative Delivery Date. (i) If a delay or anticipated delay of more than 30 Business Days from the scheduled Delivery Date or Alternative Delivery Date occurs in the delivery of the Equipment or any portion thereof, ECOS shall promptly notify GFE of such delay or anticipated delay and the cause and expected duration thereof, and GFE shall have the right, at its option, (A) to cancel the Equipment Purchase Order or any unfilled portion thereof relating to such delayed Equipment, in which case GFE will have no further obligations with respect to the canceled Equipment Purchase Order or portion thereof, and may purchase substitute Products elsewhere, or (B) to accept the expected delay in delivery, provided that if such delay extends beyond the expected duration as stated by ECOS, then the provisions of this Section 3.4(c) shall also apply to such further delay.

DELIVERY DATE AND DELAYS. All quantities of Additive to be supplied under this Section shall be delivered no later than the Delivery Date or Alternative Delivery Date and, (i) If a delay or anticipated delay of more than 15 days from the scheduled Delivery Date or Alternative Delivery Date occurs in the delivery of Additive or any portion thereof, ECOS shall promptly notify GFE of such delay or anticipated delay and the cause and expected duration thereof, and GFE shall have the right, at its option, (A) to cancel the Additive Purchase Order or any unfilled portion thereof relating to such delayed Additive, in which case GFE will have no further obligations with respect to the canceled Additive Purchase Order or portion thereof, and may purchase substitute Products elsewhere, or (B) to accept the expected delay in delivery, provided that if such delay extends beyond the expected duration as stated by ECOS, then the provisions of this Section 4.4(c) shall also apply to such further delay. (ii) Notwithstanding the provisions of subsection (i) above, and without limiting GFE’s remedies under applicable law (including cover costs), in the case of any delay in delivery of the Additive of more than 45 days from the applicable Delivery Date, which is not due to Force Majeure, ECOS shall pay a late delivery charge in an amount equal to 1.0% of the aggregate Additive Purchase Price of the undelivered quantity of Additive per day, beginning on the 6th day after the scheduled Delivery Date up to a maximum amount equal to the aggregate Additive Purchase Price for the applicable Additive Purchase Order.

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Delivery Delay The delivery of any certificate representing the Restricted Stock or other RS Property may be postponed by the Company for such period as may be required for it to comply with any applicable foreign, federal, state or provincial securities law, or any national securities exchange listing requirements and the Company is not obligated to issue or deliver any securities if, in the opinion of counsel for the Company, the issuance of such Shares shall constitute a violation by the Participant or the Company of any provisions of any applicable foreign, federal, state or provincial law or of any regulations of any governmental authority or any national securities exchange.
Delivery Date the date (or period) for delivery of the Goods or Services as specified and agreed in the Contract.
Construction Schedule The progress schedule of construction of the Project as provided by Developer and approved by District.
Delivery Dates If the due date of any notice, certificate or report required to be delivered by the Manager hereunder falls on a day that is not a Business Day, the due date for such notice, certificate or report shall be automatically extended to the next succeeding day that is a Business Day.
Delivery Schedule The Goods specified in the List of Goods are required to be delivered within the acceptable time range (after the earliest and before the final date, both dates inclusive) specified in Section V, Schedule of Requirements. No credit will be given to deliveries before the earliest date, and Tenders offering delivery after the final date shall be treated as non-responsive. Within this acceptable period, an adjustment of [insert the adjustment factor], will be added, for evaluation purposes only, to the Tender price of Tenders offering deliveries later than the “Earliest Delivery Date” specified in Section V, Schedule of Requirements.
Additional Wet Weather Procedure 14.15.1 Remaining On Site a) for more than an accumulated total of four hours of ordinary time in any one day; or b) after the meal break, as provided for in clause 17.1 of the Award, for more than an accumulated total of 50% of the normal afternoon work time; or c) during the final two hours of the normal work day for more than an accumulated total of one hour, the Enterprise will not be entitled to require the employees to remain on site beyond the expiration of any of the above circumstances.
Shipment and Delivery Seller grants the Company the right at any time to specify the carrier and/or method of transportation to be employed in conveying any part or all of the Goods covered herein. In the event that Seller uses an unauthorized carrier and/or method of transportation, then all shipping expenses shall be assumed by Seller. Unless otherwise stated in the Order, all Goods will be shipped FCA shipment point. FCA shall be interpreted in accordance with the version of Incoterms valid at the time of the Seller’s acceptance of the Order. The Seller shall be responsible for preparing and filing all export documentation for all shipments. The Company shall not be obligated to accept early deliveries, partial deliveries or excess deliveries. If Goods are incorrectly delivered, the Seller shall be responsible for any additional expense incurred in delivering the Goods to the correct destination. The delivery date set forth on the Order is of the essence of the Contract. If the Seller anticipates that it will not be able to deliver the Goods upon the agreed delivery date, then the Seller shall immediately notify the Company thereof in writing; provided, however, that such notice shall not relieve the Seller of its responsibilities and liabilities with respect to on-time delivery hereunder. In such event, the Company may request that the Seller expedite delivery to the maximum extent possible at the Seller’s sole expense. If the Seller does not deliver the Goods by the agreed delivery date, then the Company shall be entitled to liquidated damages as agreed between the parties, up to and including the total Order value. Notwithstanding the foregoing, the Company reserves the right to claim repayment for any and all costs, losses, expenses and damages incurred by the Company that are attributable to the Seller’s delay in delivery. Such liquidated damages shall be paid at the Company’s written demand. Partial deliveries shall not relieve the Seller from liability for any late delivery hereunder. If the Seller discovers that it has shipped any non-conforming Goods to the Company, it shall immediately (and not more than 24 hours after such discovery) notify the Company thereof in writing; provided, however, that such notice shall not relieve the Seller of its responsibilities and liabilities with respect to defective goods hereunder.
Construction Progress Schedule A schedule indicating proposed activity sequences and durations, milestone dates for receipt and approval of pertinent information, preparation, submittal, and processing of Shop Drawings and Samples, delivery of materials or equipment requiring long-lead time procurement, and proposed date(s) of Material Completion and Occupancy and Final Completion. The schedule will be developed to represent the sixteen or seventeen CSI Specification Divisions. It shall have a minimum number of activities as required to adequately represent to Owner the complete scope of work and define the Project’s critical path and associated activities. If the Project is to be phased, then each individual Phase should be identified from start through completion of the overall Project and should be individually scheduled and described, including any Owner’s occupancy requirements and showing portions of the Project having occupancy priority. The format of the schedule will have dependencies indicated on a monthly grid identifying milestone dates such as construction start, phase construction, structural top out, dry-in, rough-in completion, metal stud and drywall completion, equipment installation, systems operational, Material Completion and Occupancy Date, final inspection dates, Punchlist, and Final Completion date.
ADDITIONAL SPECIAL CONTRACT CONDITIONS Special Contract Conditions revisions: the corresponding subsections of the Special Contract Conditions referenced below are replaced in their entirety with the following:
Notice and Delivery Any notice mailed to you will be deemed delivered and received by you, five days after the postmark date. This fifth day following the postmark is the receipt date. Notices will be mailed to the last address we have in our records. You are responsible for ensuring that we have your proper mailing address. Upon your consent, we may provide you with notice in a delivery format other than by mail. Such formats may include various electronic deliveries. Any notice, including terminations, change in personal information, or contributions mailed to us will be deemed delivered when actually received by us based on our ordinary business practices. All notices must be in writing unless our policies and procedures provide for oral notices.

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