Delivery Failure. In addition to any other remedies which may be available to the Holder, in the event that the Company fails for any reason to effect delivery of the Exercise Shares by the end of the Delivery Period (a “Delivery Failure”), the Holder will be entitled to revoke all or part of the relevant Exercise Form by delivery of a notice to such effect to the Company whereupon the Company and the Holder shall each be restored to their respective positions immediately prior to the delivery of such notice, except that the liquidated damages described herein shall be payable through the date notice of revocation or rescission is given to the Company.
Delivery Failure. Either (i) the occurrence of a Delivery Failure on eleven (11) or more calendar days during the Services Term that that are not cured through a corrective Internal Bilateral Transaction and transfer in the GIS as described in Section 4.3 (and that is not the subject of a good faith dispute pursuant to Article 11 of this Agreement, and that are not otherwise described in clause (ii) of this Section 9.2(h)), or (ii) any single Delivery Failure which Seller has failed to take commercially reasonable efforts to cure through a corrective Internal Bilateral Transaction and transfer in the GIS as described in Section 4.3 after Buyer has requested such a cure in writing (and that is not the subject of a good faith dispute pursuant to Article 11 of this Agreement); or
Delivery Failure. In addition to any other remedies which may be available to the Holder, in the event that the Company fails for any reason to effect delivery of the Exercise Shares by the end of the Delivery Period (a “Delivery Failure”), the Holder will be entitled to revoke all or part of the relevant Exercise Form by delivery of a notice to such effect to the Company not later than three (3) Trading Days after the end of the Delivery Period, whereupon the Company and the Holder shall each be restored to their respective positions immediately prior to the delivery of such notice, including without limitation the return of the Warrant to the Holder and the return of certificates representing Exercise Shares to the Company.
Delivery Failure. (A) Where the quantity of Products Delivered is less than that required by the relevant Firm Order, the Parties shall enter into good faith discussions regarding replacements of such under-Delivered Products (where requested by the Purchaser), and, unless otherwise agreed by the Purchaser, in the event of any such Product shortfall greater than ten per cent. (10%) of a Firm Order or the Products are not delivered on the Delivery date (“Delivery Failure”), the Supplier shall use Commercially Reasonable Efforts to Deliver any such Product shortfall as soon as reasonably practicable after the original Delivery date in accordance with such Delivery schedule as may be mutually agreed between the Parties and in any event within ten (10) Business Days of the date specified for Delivery of the relevant Product.
(B) In the event of a Delivery Failure following the expiration of the period referred to in clause 9.3(A), for any Firm Order (or portion thereof) which cannot be Delivered, the Purchaser shall be entitled to either:
(a) cancel such Firm Order (or the relevant portions thereof) without penalty to Purchaser; or
(b) purchase replacement Product from a Third Party, and the Supplier shall be obliged to reimburse the Purchaser the difference between the recorded price paid for such replacement Product and the Supply Price that Purchaser would have paid to Supplier for the equivalent quantities of Product;
(C) In the event of a Delivery Failure following the expiration of the period referred to in clause 9.3(A), additionally or alternatively to the remedies in 9.3(B) above, the Purchaser shall be entitled to recover from Supplier any costs, expenses, fees, loss and liability (including legally binding commitments to pay out of pocket damages to end customers or third party suppliers) actually incurred by the Purchaser as a direct result of such Delivery Failure (subject always to the variance referred to at clause 9.3(B) above and any variation agreed by the Parties); and
(D) Any delay in Delivery to the extent due to any reason listed below shall not be regarded as Delivery Failure:
(a) Force Majeure;
(b) Purchaser’s change of a Firm Order or any gross negligence on the part of the Purchaser; or
(c) as specifically provided in respect of Purchaser Materials as set out in Exhibit 8 (Purchased Materials).
Delivery Failure. Subject to Section 3(b), in addition to any other remedies which may be available to the Holder, in the event that the Company fails for any reason to effect delivery of the applicable Exercise Shares by the end of the Delivery Period (a “Delivery Failure”), the Holder will be entitled to revoke all or part of the relevant Exercise by delivery of a notice to such effect to the Company, whereupon the Company and the Holder shall each be restored to their respective positions immediately prior to the delivery of such notice of revocation.
Delivery Failure. You understand that Leede, in its sole discretion, may provide you with a paper copy of any Document through standard mail if it is of the view that a paper copy is necessary, or if it is unable to deliver any document electronically.
Delivery Failure. A Delivery Failure (as defined above) occurs and remains uncured for a period of more than twenty (20) days; or at any time, the Company announces or states in writing that it will not honor its obligations to issue shares of Common Stock to the Holder upon Exercise by the Holder of the Exercise rights of the Holder in accordance with the terms of this Warrant;
Delivery Failure. I understand that Tactex, in its sole discretion, may provide the account holder with a paper copy of any Document through standard mail if it is of the view that a paper copy is necessary or if it is unable to deliver any Document electronically. I understand that fees may apply if I request paper copies of Documents.
Delivery Failure. In addition to any other remedies which may be available to the Holder, in the event that the Company fails for any reason to effect delivery of the Exercise Shares to the Holder or to effect the issuance and deposit of the corresponding Ordinary Shares to the Depositary or the Restricted ADR Depositary, as applicable, by the end of the Delivery Period (a “Delivery Failure”), the Holder will be entitled to revoke all or part of the relevant Exercise Form by delivery of a notice to such effect to the Company and the Transfer Agent, whereupon the Company and the Holder shall each be restored to their respective positions immediately prior to the delivery of such notice, except that the liquidated damages described herein shall be payable through the date notice of revocation or rescission is given to the Company.
Delivery Failure. In the event SELLER delivers less than ninety percent (90%) of the Order Quantity, BUYER shall have the right, but not the obligation, to purchase replacement Product to acquire an aggregate of ninety percent (90%) of the Order Quantity, and SELLER shall compensate BUYER for the difference between the Replacement Price and the Transaction Price of such quantity. In the event SELLER attempts to deliver greater than one hundred ten percent (110%) of the Order Quantity, BUYER shall have the right, but not the obligation, to accept the quantity in excess of one hundred ten percent (110%) of the Order Quantity subject to additional negotiations between the Parties. If BUYER does not accept the excess quantity, SELLER shall, without cost or obligation to BUYER, remove the excess quantity from BUYER’s storage tanks or retain the excess quantity on the Conveyance, as applicable.
