Delivery Remedies Sample Clauses

Delivery Remedies. ThinkRenta shall deliver Furniture, Equipment’s, and Appliances only after post verification of all the documents provided by the Lessee, as KYC within 48 to 72 hours.
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Delivery Remedies. Consistent and predictable on-time delivery of the products by Avail to KCI's customers and affiliates is of fundamental importance to this Agreement. The parties have and will continue to establish mechanisms to provide for minimum levels of finished goods inventory for the Products to be held by Avail both in the United States, Europe and other locations as may become necessary from time to time. It is the expectation of the parties that on-time delivery performance by Avail will continue at the same level as has been experienced in the past. The methods of assuring continued levels of service will include the following:
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Delivery Remedies. A. In the event Global Crossing fails to provision any circuit within the mutually agreed delivery date after accepting the relevant circuit order, Exodus’ sole remedy shall be to receive the following credits towards the Total Initial Channel Miles:
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Delivery Remedies. Waiver: 1) Time is of the essence. If Seller fails to make delivery or perform the services at the time agreed upon or performs the work hereunder in such a fashion as endangers its ability to make timely deliveries or to render timely performance of service, Resonant Sciences reserves the right to cancel, purchase elsewhere and hold Seller accountable for any additional costs or damages incurred by Resonant Sciences. 2) Rights and remedies of Resonant Sciences herein are cumulative and in addition to those which Resonant Sciences has under law and equity. 3) Any waiver by Resonant Sciences of any particular breach of default hereunder by Seller shall not constitute a continuing waiver or a waiver of any other breach or default. 4) Approval by Resonant Sciences of Seller’s proposed design, test plans and/or procedures, manufacturing process, methods, tooling, or facilities shall not relieve Seller from meeting all requirements of this PO.
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Delivery Remedies. Time is of the essence. Delivery of Goods or performance of Services must be made within the time limits specified on the Order, otherwise Buyer reserves the right to purchase Goods or obtain Services from a third party and charge Seller with losses incurred as a result thereof, to cancel the Order or any part thereof, and/or to exercise its other legal rights or remedies. Seller acknowledges that Buyer may be purchasing the Goods for resale to Buyer’s customers. If for any reason delivery or performance cannot be made on the date specified on the Order, Seller shall immediately (i) notify Buyer of the cause for the non- performance and of the anticipated extent of the delay, (ii) pay for or reimburse Buyer for any excessive freight costs incurred as a result of late shipment, and (iii) reimburse Buyer for any customer charge backs and any additional labor and material costs incurred by Buyer in fulfilling its contract or commitment with its customers.
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Related to Delivery Remedies

  • Specific Remedies Upon the occurrence of any Event of Default:

  • UCC Remedies (a) Upon the occurrence of and during the continuance of an Event of Default under this Agreement or the other Financing Documents, Agent, in addition to all other rights, options, and remedies granted to Agent under this Agreement or at law or in equity, may exercise, either directly or through one or more assignees or designees, all rights and remedies granted to it under all Financing Documents and under the UCC in effect in the applicable jurisdiction(s) and under any other applicable law; including, without limitation:

  • Default Remedies Any one of the following occurrences shall constitute an ----------------- "EVENT OF DEFAULT" under this Note: (i) failure by the Maker to make any payment of principal or interest when the same becomes due and payable, said failure continuing for thirty (30) days or more; or (ii) if Maker shall fail to pay its debts, make an assignment for the benefit of its creditors, or shall commit an act of bankruptcy, or shall admit in writing its inability to pay its debts as they become due, or shall seek a composition, readjustment, arrangement, liquidation, dissolution or insolvency proceeding under any present or future statute or law, or shall file a petition under any chapter of federal Bankruptcy Code or any similar law, state or federal, now or hereafter existing, or shall become "insolvent" as that term is generally defined under the Federal Bankruptcy Code, or shall in any involuntary bankruptcy case commenced against it file an answer admitting insolvency or inability to pay its debts as they become due, or shall fail to obtain a dismissal of such case within sixty (60) days after its commencement or convert the case from one chapter of the Federal Bankruptcy Code to another chapter, or be the subject of an order for relief in such bankruptcy case, or to be adjudged a bankruptcy or insolvent, or shall have a custodian, trustee or receiver appointed for, or have any court take jurisdiction of its property, or any part thereof, in any proceeding for the purpose of reorganization, arrangement, dissolution or liquidation, and such custodian, trustee, liquidator or receiver shall not be discharged, or such jurisdiction shall not be relinquished, vacated or stayed within sixty (60) days of the appointment. Upon occurrence of an Event of Default hereunder, the entire outstanding principal balance and any unpaid interest then accrued under this Note, shall at the option of the Payee hereof and without demand or notice of any kind to the undersigned or any other person (including, but not limited to, any guarantor now or hereafter existing), immediately become and be due and payable in full. In such event, Payee shall have and may exercise any and all rights and remedies available at law or in equity.

  • Waiver; Remedies No failure on the part of Purchaser to exercise, and no delay in exercising, any right under this Guaranty shall operate as a waiver, nor shall any single or partial exercise of any right under this Guaranty preclude any other or further exercise of any other right. The remedies provided in this Guaranty are cumulative and not exclusive of any remedies provided by law or equity. In the event that Merchant fails to perform any obligation under the Agreement, Purchaser may enforce its rights under this Guaranty without first seeking to obtain performance for such default from Merchant or any other guarantor.

  • Certain Remedies If any Event of Default shall have occurred and be continuing:

  • Defaults Remedies (a) It shall be an Event of Default:

  • Concurrent Remedies No right or remedy specified in this Agreement conferred on or reserved to the parties is exclusive of any other right or remedy specified in this Agreement or by law or equity provided or permitted; but each such right and remedy shall be cumulative of, and in addition to, every other right and remedy specified in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time. The termination of this Agreement for any reason whatsoever shall not prejudice any right or remedy which any party may have, either at law, in equity, or pursuant to the provisions of this Agreement.

  • Defaults and Remedies Section 6.01.

  • Default Rights and Remedies If an Event of Default exists, the Agent shall have the following rights and remedies:

  • Buyer’s Remedies If the Closing has not occurred due to a breach by Seller in any material respect any of its obligations or representations or warranties contained in this Agreement, or if Seller fails to consummate this Agreement for any reason other than Buyer's default or the permitted termination of this Agreement by Seller or Buyer as herein expressly provided, Buyer shall be entitled, as its sole remedy, either (a) to terminate this Agreement and receive the return of the entire Deposit (including both the First Deposit and Second Deposit, and whether or not the Inspection Period was extended), which return shall operate to terminate this Agreement and release Seller from any and all liability hereunder, or (b) to enforce specific performance of Seller's obligation to execute the documents required to convey the Property to Buyer, it being understood and agreed that the remedy of specific performance shall not be available to enforce any other obligation of Seller hereunder. Buyer shall be deemed to have elected to terminate this Agreement (as provided in subsection (a) above) if Buyer fails to file a cause of action for specific performance against Seller on or before ninety (90) days after written notice of termination from Seller or ninety (90) days after the originally scheduled Closing Date, whichever shall occur first. If specific performance is not available due to the fact that Seller has conveyed the Property to a third party, then upon termination of this Agreement by Buyer, in addition to receiving the immediate return of the Deposit, anything in the Agreement contained to the contrary notwithstanding, Buyer shall also receive from Seller, upon demand, Buyer’s actual, documented out-of-pocket costs and expenses associated with conducting its due diligence related to the Property; provided, however, Seller’s maximum reimbursement liability with respect to the foregoing shall not exceed $300,000.00. The rights and remedies of this Article VI shall survive Closing or any termination of this Agreement. THE FOREGOING REMEDIES ARE IN ADDITION TO AND ARE NOT INTENDED TO LIMIT SELLER'S OR BUYER’S INDEMNITY OBLIGATIONS UNDER OTHER SECTIONS HEREOF.

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