Common use of Delivery of Goods and Performance of Services Clause in Contracts

Delivery of Goods and Performance of Services. (a) Supplier shall deliver the Goods in the quantities and on the date(s) specified in the Purchase Order or as otherwise agreed in writing by the parties (the “Delivery Date”). If Supplier fails to deliver the Goods in full on the Delivery Date, Purchaser may terminate this Agreement immediately by providing written notice to Supplier and Supplier shall indemnify Purchaser against any losses, claims, damages, and reasonable costs and expenses directly attributable to Supplier’s failure to deliver the Goods on the Delivery Date. ‌ (b) Supplier shall deliver all Goods to the address specified in the Purchase Order (the “Delivery Point”) during Purchaser’s normal business hours or as otherwise instructed by Purchaser. Supplier shall pack all goods for shipment according to Purchaser’s instructions or, if there are no instructions, in a manner sufficient to ensure that the Goods are delivered in undamaged condition. Supplier must provide Purchaser prior written notice if it requires Purchaser to return any packaging material. Any return of such packaging material shall be made at Supplier’s risk of loss and expense. (c) Supplier shall provide the Services to Purchaser as described and in accordance with the schedule set forth on the reverse side of these Terms and in accordance with the terms and conditions set forth in these Terms. (d) Supplier acknowledges that time is of the essence with respect to Supplier’s obligations hereunder and the timely delivery of the Goods and/or Services. ‌

Delivery of Goods and Performance of Services. (a) Supplier Seller shall deliver the Goods in the quantities and on the date(s) specified in the Purchase Order or as otherwise agreed in writing by the parties (the “"Delivery Date”"). If Supplier Seller fails to deliver the Goods in full on the Delivery Date, Purchaser Endera may terminate this Agreement immediately by providing written notice to Supplier Seller and Supplier Seller shall indemnify Purchaser Endera against any losses, claims, damages, and reasonable costs and expenses directly attributable to Supplier’s Seller's failure to deliver the Goods on the Delivery Date. ‌. (b) Supplier Seller shall deliver all Goods to the address specified in the Purchase Order (the “"Delivery Point”") during Purchaser’s Endera's normal business hours or as otherwise instructed by PurchaserXxxxxx. Supplier Seller shall pack all goods for shipment according to Purchaser’s Xxxxxx's instructions or, if there are no instructions, in a manner sufficient to ensure that the Goods are delivered in undamaged condition. Supplier Seller must provide Purchaser Endera prior written notice if it requires Purchaser Endera to return any packaging material. Any return of such packaging material shall be made at Supplier’s Seller's risk of loss and expense. (c) Supplier Seller shall provide the Services to Purchaser Endera as described and in accordance with the schedule set forth on the reverse side of these Terms and in accordance with the terms and conditions set forth in these Terms. (d) Supplier Seller acknowledges that time is of the essence with respect to Supplier’s Xxxxxx's obligations hereunder and the timely delivery of the Goods and/or and Services. ‌.

Delivery of Goods and Performance of Services. (a) Supplier Seller shall deliver the Goods in the quantities and on the date(s) specified in the Purchase Order or as otherwise agreed in writing by the parties (the “Delivery Date”). If Supplier no delivery date is specified, Seller shall deliver the Goods within 30 days of Seller’s receipt of the Purchase Order, which shall constitute the Delivery Date. If Seller fails to deliver the Goods in full on the Delivery Date, Purchaser Buyer may terminate this the Agreement or cancel a Purchase Order immediately by providing written notice to Supplier Seller and Supplier Seller shall indemnify Purchaser Buyer against any losses, claims, damages, and reasonable costs and expenses directly attributable to SupplierSeller’s failure to deliver the Goods on the Delivery Date. ‌. (b) Supplier Seller shall deliver all Goods to the address specified in the Purchase Order (the “Delivery Point”) during PurchaserBuyer’s normal business hours or as otherwise instructed by PurchaserBuyer. Supplier Seller shall pack all goods Goods for shipment according to PurchaserXxxxx’s instructions or, if there are no instructions, in a manner sufficient to ensure that the Goods are delivered in undamaged condition. Supplier Seller must provide Purchaser Buyer prior written notice if it requires Purchaser Buyer to return any packaging material. Any return of such packaging material shall be made at SupplierSeller’s risk of loss and expense. (c) Supplier Seller shall provide the Services to Purchaser Buyer as described and in accordance with the schedule set forth on the reverse side instructions and specifications of these Terms Buyer and in accordance with the terms and conditions set forth in these Terms. (d) Supplier Seller acknowledges that time is of the essence with respect to SupplierSeller’s obligations hereunder and the timely delivery of the Goods and/or or Services. ‌, including all performance dates, timetables, project milestones and other requirements in the Agreement.

Delivery of Goods and Performance of Services. (a) Supplier Seller shall deliver the Goods in the quantities and on the date(s) specified in the Purchase Order or as otherwise agreed in writing by the parties (the “Delivery Date”). If Supplier Seller fails to deliver the Goods in full on the Delivery Date, Purchaser Buyer may terminate this Agreement immediately by providing written notice to Supplier Seller and Supplier Seller shall indemnify Purchaser Buyer against any losses, claims, damages, and reasonable costs and expenses directly attributable to SupplierSeller’s failure to deliver the Goods on the Delivery Date. ‌Buyer has the right to return any Goods delivered prior to the Delivery Date at Seller's expense and Seller shall redeliver such Goods on the Delivery Date. (b) Supplier Seller shall deliver all Goods to the address specified in the Purchase Order (the “Delivery Point”) during PurchaserBuyer’s normal business hours or as otherwise instructed by PurchaserBuyer. Supplier Seller shall pack all goods for shipment according to PurchaserBuyer’s instructions or, if there are no instructions, in a manner sufficient to ensure that the Goods are delivered in undamaged condition. Supplier Seller must provide Purchaser Buyer prior written notice if it requires Purchaser Buyer to return any packaging material. Any return of such packaging material shall be made at SupplierSeller’s risk of loss and expense. (c) Supplier Seller shall provide the Services to Purchaser Buyer as described and in accordance with the schedule set forth on the reverse side of these Terms and in accordance with the terms and conditions set forth in these TermsTerms and the Quality Clauses. (d) Supplier Seller acknowledges that time is of the essence with respect to SupplierSeller’s obligations hereunder and the timely delivery of the Goods and/or and Services, including all performance dates, timetables, project milestones and other requirements in this Agreement. ‌156045.00100/123977106v.2

Delivery of Goods and Performance of Services. (a) Supplier a. Vendor shall deliver the Goods in the quantities and on the date(s) specified in the Purchase Order or as otherwise agreed in writing by the parties (the “"Delivery Date”"). If Supplier Vendor fails to deliver the Goods in full on the Delivery Date, Purchaser NUAIR may terminate this Agreement immediately by providing written notice to Supplier Vendor and Supplier Vendor shall indemnify Purchaser NUAIR against any losses, claims, damages, and reasonable costs and expenses directly attributable to Supplier’s Vendor's failure to deliver the Goods on the Delivery Date. ‌. (b) Supplier b. Vendor shall deliver all Goods to the address specified in the Purchase Order (the “"Delivery Point”") during Purchaser’s XXXXX's normal business hours or as otherwise instructed by PurchaserNUAIR. Supplier Vendor shall pack all goods for shipment according to Purchaser’s NUAIR's instructions or, if there are no instructions, in a commercially reasonable manner sufficient to ensure that the Goods are delivered in undamaged condition. Supplier Vendor must provide Purchaser NUAIR prior written notice if it requires Purchaser NUAIR to return any packaging material. Any return of such packaging material shall be made at Supplier’s Vendor's risk of loss and expense. (c) Supplier c. Vendor shall provide the Services to Purchaser NUAIR as described and in accordance with the schedule set forth on in the reverse side of these Terms Purchase Order and in accordance with the terms and conditions set forth in these Terms. (d) Supplier d. Vendor acknowledges that time is of the essence with respect to Supplier’s Vendor's obligations hereunder and the timely delivery of the Goods and/or and Services. ‌, including all performance dates, timetables, project milestones and other requirements in this Agreement.

Delivery of Goods and Performance of Services. (a) Supplier shall deliver the Goods in the quantities and on the date(s) specified in the Purchase Order or as otherwise agreed in writing by the parties (the “"Delivery Date”"). If Supplier fails to deliver the Goods in full on the Delivery Date, Purchaser HFH may terminate this Agreement immediately by providing written notice to Supplier and Supplier shall indemnify Purchaser HFH against any losses, claims, damages, and reasonable costs and expenses directly attributable to Supplier’s 's failure to deliver the Goods on the Delivery Date. ‌HFH has the right to return any Goods delivered prior to the Delivery Date at Supplier's expense and Supplier shall redeliver such Goods on the Delivery Date. (b) Supplier shall deliver all Goods to the address specified in the Purchase Order (the “"Delivery Point”") during Purchaser’s HFH's normal business hours or as otherwise instructed by PurchaserHFH. Supplier shall pack all goods for shipment according to Purchaser’s HFH's instructions or, if there are no instructions, in a manner sufficient to ensure that the Goods are delivered in undamaged condition. Supplier must provide Purchaser HFH prior written notice if it requires Purchaser HFH to return any packaging material. Any return of such packaging material shall be made at Supplier’s 's risk of loss and expense. (c) Supplier shall provide the Services to Purchaser HFH as described and in accordance with the dates or schedule set forth on the reverse side of these Terms purchase order and in accordance with the terms and conditions set forth in these Terms. (d) Supplier acknowledges that time is of the essence with respect to Supplier’s 's obligations hereunder and the timely delivery of the Goods and/or and Services. ‌, including all performance dates, timetables, project milestones and other requirements in this Agreement.

Delivery of Goods and Performance of Services. (a) Supplier Seller shall deliver the Goods in the quantities and on the date(s) specified in the applicable Purchase Order or as otherwise agreed in writing by the parties (the “"Delivery Date”"). If Supplier Seller fails to deliver the Goods in full on the Delivery Date, Purchaser Buyer may terminate this Agreement the Purchase Order immediately by providing written notice to Supplier Seller and Supplier Seller shall indemnify Purchaser Buyer against any losses, claims, damages, and reasonable costs and expenses directly attributable to Supplier’s Seller's failure to deliver the Goods on the Delivery Date. ‌Date (which, for the avoidance of doubt, shall include all expenses incurred for expedited shipping). (b) Supplier Seller shall deliver all Goods to the address specified in the Purchase Order (the “"Delivery Point”") during Purchaser’s Buyer's normal business hours or as otherwise instructed by PurchaserBuyer. Supplier Seller shall pack all goods for shipment according to Purchaser’s Xxxxx's instructions or, if there are no instructions, in a manner sufficient to ensure that the Goods are delivered in undamaged condition. Supplier Seller must provide Purchaser Buyer prior written notice if it requires Purchaser Buyer to return any packaging material. Any return of such packaging material shall be made at Supplier’s Seller's risk of loss and expense. (c) Supplier Seller shall provide the Services to Purchaser Buyer as described and in accordance with the schedule set forth on in the reverse side of these Terms applicable Purchase Order and in accordance with the terms and conditions set forth in these Terms. (d) Supplier Seller acknowledges that time is of the essence with respect to Supplier’s Seller's obligations hereunder and the timely delivery of the Goods and/or Services. ‌and Services pursuant to each Purchase Order, including all applicable performance dates, timetables, project milestones and other requirements in this Agreement.

Delivery of Goods and Performance of Services. (a) Supplier Seller shall deliver the Goods in the quantities and on the date(s) specified in the Purchase Order or as otherwise agreed in writing by the parties (the “Delivery Date”). Timely delivery of the Goods and Services is of the essence. If Supplier Seller fails to deliver the Goods in full on the Delivery Date, Purchaser Buyer may terminate this Agreement the Order immediately by providing written notice to Supplier Seller and Supplier Seller shall indemnify Purchaser Buyer against any losses, claims, damages, and reasonable costs and expenses directly attributable to SupplierSeller’s failure to deliver the Goods on the Delivery Date. ‌. (b) Supplier All Goods shall deliver all Goods be delivered to the address specified in the Purchase Order (the “Delivery PointLocation”) during PurchaserBuyer’s normal business hours or as otherwise instructed by Purchaser. Supplier shall pack all goods for shipment according to Purchaser’s instructions or, if there are no instructions, in a manner sufficient to ensure that the Goods are delivered in undamaged condition. Supplier must provide Purchaser prior written notice if it requires Purchaser to return any packaging material. Any return of such packaging material shall be made at Supplier’s risk of loss and expenseBuyer. (c) Supplier Delivery shall be made in accordance with the terms on the face of the Order. Seller shall give written notice of shipment to Buyer when the Goods are delivered to a carrier for transportation. Seller shall provide Buyer all shipping documents, including the commercial invoice, packing list, air waybill/bill of lading, Certificate of Analysis (if appliable), and any other documents necessary to release the Goods to Buyer at the time of Seller’s delivery of the Goods to the transportation carrier. The Order number must appear on all shipping documents, shipping labels, bills of lading, air waybills, invoices, correspondence, and any other documents pertaining to the Order. (d) Seller shall provide the Services to Purchaser Buyer as described and in accordance with the dates or schedule set forth on the reverse side of these Terms Order and in accordance with the terms and conditions set forth in these Terms. (d) Supplier acknowledges that time is of the essence with respect to Supplier’s obligations hereunder and the timely delivery of the Goods and/or Services. ‌

Delivery of Goods and Performance of Services. (a) Supplier Seller shall deliver the Goods in the quantities and on the date(s) specified in the Purchase Order or as otherwise agreed in writing by the parties (the “"Delivery Date”"). If Supplier Seller fails to deliver the Goods in full on the Delivery Date, Purchaser Buyer may terminate this Agreement immediately by providing written notice to Supplier Seller and Supplier Seller shall indemnify Purchaser Buyer against any losses, claims, damages, and reasonable costs and expenses directly attributable to Supplier’s Seller's failure to deliver the Goods on the Delivery Date. ‌Buyer has the right to return any Goods delivered prior to the Delivery Date at Seller's expense and Seller shall redeliver such Goods on the Delivery Date. (b) Supplier Seller shall deliver all Goods to the address specified in the Purchase Order (the “"Delivery Point”") during Purchaser’s Buyer's normal business hours or as otherwise instructed by PurchaserBuyer. Supplier Seller shall pack all goods for shipment according to Purchaser’s Xxxxx's instructions or, if there are no instructions, in a manner sufficient to ensure that the Goods are delivered in undamaged condition. Supplier Seller must provide Purchaser Buyer prior written notice if it requires Purchaser Buyer to return any packaging material. Any return of such packaging material shall be made at Supplier’s Seller's risk of loss and expense. (c) Supplier Seller shall provide the Services to Purchaser Buyer as described and in accordance with the schedule set forth on in the reverse side of these Terms Purchase Order and in accordance with the terms and conditions set forth in these Terms. (d) Supplier Seller acknowledges that time is of the essence with respect to Supplier’s Xxxxxx's obligations hereunder and the timely delivery of the Goods and/or and Services. ‌, including all performance dates, timetables, project milestones and other requirements in this Agreement.

Delivery of Goods and Performance of Services. (a) Supplier Seller shall deliver the Goods in the quantities and on the date(s) specified in the Purchase Order or as otherwise agreed in writing by the parties (the “Delivery Date”). If Supplier Seller fails to deliver the Goods in full on the Delivery Date, Purchaser Buyer may terminate this Agreement immediately by providing written notice to Supplier Seller and Supplier Seller shall indemnify Purchaser Buyer against any losses, claims, damages, and reasonable costs and expenses directly attributable to SupplierSeller’s failure to deliver the Goods on the Delivery Date. ‌. (b) Supplier Seller shall deliver all Goods to the address specified in the Purchase Order (the “Delivery Point”) during PurchaserBuyer’s normal business hours or as otherwise instructed by PurchaserBuyer. Supplier Seller shall pack all goods Goods for shipment according to PurchaserBuyer’s instructions or, if there are no instructions, in a manner sufficient to ensure that the Goods are delivered in undamaged condition. Supplier Seller must provide Purchaser Buyer prior written notice if it requires Purchaser Buyer to return any packaging material. Any return of such packaging material shall be made at SupplierSeller’s risk of loss and expense. (c) Supplier Seller shall provide the Services to Purchaser Buyer as described and in accordance with the schedule set forth on the reverse side of these Terms terms and in accordance with the terms and conditions set forth in these Termsterms. (d) Supplier Seller acknowledges that time is of the essence with respect to SupplierSeller’s obligations hereunder and the timely delivery of the Goods and/or and Services. ‌, including all performance dates, timetables, project milestones and other requirements in this Agreement.