DELIVERY OF PRIVATE LABELED PRODUCTS IN RESPONSE TO ORDERS Sample Clauses

DELIVERY OF PRIVATE LABELED PRODUCTS IN RESPONSE TO ORDERS. In general, orders shall be placed at least 90 days prior to the requested shipment date. First Virtual will use all commercially reasonable efforts to deliver Private Labeled Products to Bay Networks in the quantities ordered by Bay Networks by the shipment date specified in Bay Networks' order and acknowledged by First Virtual. The parties acknowledge that time is the essence of this Agreement. For any order placed at least 90 days prior to the requested shipment date, in the event that First Virtual fails to deliver Private Labeled Products within the time period described in this subsection, Bay Networks shall be entitled to a credit against the corresponding order in the amount calculated from the table below applied against the quantity of Private Labeled Products which was not delivered within the specified time period, subject to adjustment as provided below: Actual delivery date Percentage of price credited ------------------- ---------------------------- [*] days from shipment date No discount specified in Bay Networks' order [*] days from shipment date [*] specified in Bay Networks' order [*] or more days from shipment date [*] specified in Bay Networks' order Bay Networks may choose to cancel at any time any order which remains unfulfilled by First Virtual after 29 days from the shipment date specified in Bay Networks' order. Private Labeled Product which is delivered but which does not conform to the warranties and specifications described in this Agreement, and which the non-conformance is not cured within five days after notice thereof from Bay Networks, shall not be deemed to have been delivered for purposes of this Section 2. First Virtual's obligations under this section shall be subject to the provisions of Section 14.2 entitled "Failure and Delay".
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Related to DELIVERY OF PRIVATE LABELED PRODUCTS IN RESPONSE TO ORDERS

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