Delivery Excuse Sample Clauses

Delivery Excuse. (a) As used in this Agreement, "
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Delivery Excuse. (A) In no event shall Seller be responsible or liable for or deemed in breach of this Agreement for any delay or failure of performance of its obligations under this Agreement to the extent such delay or failure of performance is directly caused by a condition of Delivery Excuse as defined herein. Delivery Excuse shall mean (i) any Event of Default of Southwestern under this Agreement; (ii) any delay by Southwestern in giving any approval within the times required under this Agreement; (iii) any Southwestern Disconnection; (iv) any delay in Southwestern's construction of the Southwestern Interconnection Facilities by the date required under Section 8.1(B), unless Seller shall have responsibility for such construction pursuant to Section 3.5(C); (v) if Seller shall be responsible for construction of the Southwestern Interconnection Facilities pursuant to Section 3.5(C), any delay in obtaining any necessary easement or right of way not transferred by Southwestern or previously obtained by Seller or any delay in obtaining any critical path component or equipment required for the Southwestern Interconnection Facilities from any third party source; or (vi) any Fuel Delivery Failure.
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Delivery Excuse. (a) In no event shall Seller be responsible or liable for or deemed in breach of this Agreement for any delay or failure of performance of its obligations under this Agreement to the extent such delay or failure of performance is directly caused by a condition of Delivery Excuse.
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Delivery Excuse. 45 16.1 Definition........................................................................................45 16.2
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Delivery Excuse. (a) Contractor shall not be responsible or liable for or deemed in breach of this Agreement for any delay or failure of performance of its obligations under this Agreement to the extent such delay or failure of performance is directly caused by a condition of Delivery Excuse.
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Delivery Excuse 
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Related to Delivery Excuse

  • Delivery Location All Goods shall be delivered to the address specified in this Order (the "Delivery Location") during Buyer's normal business hours or as otherwise instructed by Buyer.

  • Notice of Disposition To the extent that this Option is designated as an Incentive Option, if Shares of Common Stock acquired upon exercise of the Option are disposed of within two years following the date of grant or one year following the transfer of such Shares to the Participant upon exercise, the Participant shall, promptly following such disposition, notify the Corporation in writing of the date and terms of such disposition and provide such other information regarding the disposition as the Administrator may reasonably require.

  • Delivery Notice Notice of the Aircraft's Delivery Date, given by the Lessee as provided in Section 3.01 of the Participation Agreement and including any notice with respect to a postponed Delivery Date given by the Lessee pursuant to Section 3.05(c) of the Participation Agreement.

  • Sale and Delivery to Underwriters Closing (a) The several commitments of the Underwriters to purchase the Underwritten Securities pursuant to the applicable Terms Agreement shall be deemed to have been made on the basis of the representations and warranties herein contained and shall be subject to the terms and conditions set forth herein or in the applicable Terms Agreement.

  • Deemed Delivery Unless shown to have been received earlier, such notice, instruction or other instrument shall be deemed to have been delivered, in the case of personal delivery, at the time it is left at the premises of the party, in the case of a registered letter at the expiration of five (5) business days after posting and, in the case of fax or electronic means, immediately on dispatch; provided that, if any document is sent by fax or electronic means outside normal business hours, it shall be deemed to have been received at the next time after delivery when normal business hours commence. Evidence that the notice, instruction, or other instrument was properly addressed, stamped, and put into the post shall be conclusive evidence of posting. In proving the service of notice sent by fax or electronic means it shall be sufficient to prove that the fax or electronic communication was properly transmitted.

  • Sale and Delivery Each Shareholder agrees to sell and deliver to Purchaser, and Purchaser agrees to purchase and accept from each Shareholder, free and clear of all Liens, on the terms and conditions set forth in this Agreement, and for the purchase price described in Section 2.2 below, good and marketable title to the number of Shares set forth opposite the name of such Shareholder on Exhibit "A". The Shares to be sold and purchased pursuant to this Agreement constitute all of the outstanding capital stock of the Company.

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