Delivery Failures. In case of the sale of any security, commodity, or other property by the BNPP Entities at the direction of Customer and the BNPP Entities’ inability to deliver the same to the purchaser by reason of failure of Customer to supply the BNPP Entities therewith, Customer authorizes the BNPP Entities to borrow or purchase any such security, commodity, or other property necessary to make delivery thereof. Customer hereby agrees to be responsible for any cost, expense or loss which the BNPP Entities may sustain thereby.
Delivery Failures. In case of the sale of any security, commodity, or other property by the BNPP Entities at the direction of Customer and the BNPP Entities’ inability to deliver the same to the purchaser by reason of failure of Customer to supply the BNPP Entities therewith, Customer authorizes the BNPP Entities to borrow or purchase any such security, commodity, or other property reasonably necessary to make delivery thereof. Customer hereby agrees to be responsible for any cost, expense or loss which the BNPP Entities may sustain thereby, except any such loss caused by a BNPP Entity’s gross negligence, willful misconduct or fraud.
Delivery Failures. Vaioni will use commercially reasonable efforts to deliver your email messages. Third party filtering services may from time to time prevent successful delivery of your messages.
Delivery Failures. In case of the sale of any security, commodity, or other property by the BofA Entities at the direction of Customer and the BofA Entities’ inability to deliver the same to the purchaser by reason of failure of Customer to supply the BofA Entities therewith, Customer authorizes the BofA Entities to borrow or purchase any such security, commodity, or other property necessary to make delivery thereof. Customer hereby agrees to be responsible for any cost, expense or loss which the BofA Entities may sustain thereby.
Delivery Failures. Failure of a contractor to deliver within the time specified or within reasonable time as interpreted by the Purchasing Director, or failure to make replacement of rejected articles/services when so requested, immediately or as directed by the Purchasing Director, shall constitute authority for the Purchasing Director to purchase in the open market articles/services of comparable grade to replace the articles/services rejected or not delivered. On all such purchases, the contractor shall reimburse the County within a reasonable time specified by the Purchasing Director for any expense incurred in excess of contract prices, or the County shall have the right to deduct such amount from monies owed the defaulting contractor. Alternatively, the County may penalize the contractor one percent (1%) per day for a period of up to ten (10) days for each day that delivery or replacement is late. Should public necessity demand it, the County reserves the right to use or consume articles delivered which are substandard in quality, subject to an adjustment in price to be determined by the Purchasing Director.
Delivery Failures. If Emergent fails to Deliver at least eighty-five percent (85%) of the aggregate quantity of all Products with respect to all Binding Purchase Orders within a rolling 12 month period in accordance with this Agreement or if Emergent fails to issue the Emergent Release Documents for at least eighty percent (80%) of the quantity of Vials ordered under a Binding Purchase Order within thirty (30) days after the Firm Delivery Date in such Binding Purchase Order, then one (1) executive vice president-level representative (or more senior representative, from Aptevo) from each Party shall meet in person or via teleconference to discuss such failures.
Delivery Failures. Failure of a Vendor to provide commodities and/or service within the time specified, unless extended in writing by the City, or failure to replace rejected commodities and/or service when so directed by the City shall constitute delivery failure. When such failure occurs, the City reserves the right to cancel or adjust the contract, whichever is in the best interest of the City. In either event, the City may purchase in the open market commodities and/or service of comparable worth to replace the articles of service rejected or not delivered. On all such purchases, the Vendor shall reimburse the City, within a reasonable time specified by the City, for any expense incurred in excess of contract prices, or the City may deduct such amount from monies owed the Vendor. If the contract is not cancelled, such purchases shall be deducted from contract quantities. The City reserves the right to accept commodities and/or service delivered which do not meet specifications or are substandard in quality, subject to an adjustment in price to be determined by the City.
Delivery Failures. The Supplier will use commercially reasonable efforts to deliver your email messages. Third party filtering services may from time to time prevent successful delivery of your messages.
Delivery Failures. Should the Contractor fail to deliver work or products at the specified time, or within a reasonable period of time thereafter, as determined by VRE, or should the Contractor fail to make timely replacement of rejected items when so requested, VRE may purchase items of comparable quality in the open market to replace the rejected or undelivered items. The Contractor shall reimburse VRE for all costs above the Contract price when purchases are made in the open market.
Delivery Failures. If SPT fails to deliver any Product at the time and place set forth in the applicable Purchase Order (subject to a [*]% quantity shortage allowance) or fails to deliver Product which shall comply in all respects to this CSA and the Quality Agreement, or SPT informs PGx that such a failure will or is likely to occur, PGx shall have the right: [*]. In the event that SPT fails to deliver at least [*]% of the amount of Product ordered pursuant to valid Purchase Orders in any rolling [*] consecutive month period in accordance with the terms of such Purchase Orders, such failure shall constitute a material breach of this Agreement by SPT giving rise to PGx’s right to terminate this Agreement pursuant to Section 12.2 with respect to Product and PGx shall be relieved from its Minimum Purchase Commitment through the next year (but, for clarity, in such event, SPT’s supply obligation to PGx set forth in Section 2 shall remain exclusive, and the Minimum Purchase Commitment shall apply again beginning in the subsequent [*] months thereafter) and may adjust not-in-process Purchase Orders accordingly. PGx’s rights pursuant to this Section 4.2 shall limit any other rights of PGx under this Agreement, other than PGx’s right to terminate this Agreement with respect to such Product pursuant to Section 12.2. and PGx’s rights under Section 5.2. To avoid doubt, SPT’s obligations Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. are to deliver to the Exchange Point, at which point delivery for purposes of this CSA occurs and risk of loss passes to PGx; SPT bears no responsibility and shall not be deemed to have failed to deliver timely if a shipment is delayed, lost or destroyed after delivery at the Exchange Point en route to the Delivery Point.
