DELIVERY; RESCHEDULING AND CANCELLATION Sample Clauses

DELIVERY; RESCHEDULING AND CANCELLATION. 11.1 Xxxxxxxxx shall make reasonable and diligent efforts to deliver Wafers on the delivery dates specified in the Product delivery schedule provided by Xxxxxxxxx pursuant to Paragraph 8. 1. Any shipment made within fifteen (15) days before or after the shipment date(s) specified in said Product delivery schedule shall constitute timely shipment. Partial shipments will be allowed and may be invoiced separately. A delivery will be considered conforming if it contains a quantity equal to plus five percent (5%) or minus twenty percent (20%) of the quantity ordered. 11.2 Except in the case of Level "S" wafers, which are non-cancellable, if Xxxxxxxxx has not made shipment of Products within fifteen (15) days after the shipment date specified in the Product delivery schedule provided by Xxxxxxxxx pursuant to Paragraph 8.1, National shall have the right, subject to Paragraph 20.2, to cancel that portion of its purchase order pertaining to such Products, but only in the event that National's customer for those Products has cancelled its order with National for such Products. Notwithstanding the foregoing, if Xxxxxxxxx has not made shipment of Products within thirty (30) days after the shipment date specified in the Product delivery schedule, National shall have the right, subject to Paragraph 20.2, in its sole discretion, to cancel that portion of its purchase order pertaining to such Products, regardless of whether National's customer has cancelled its order with National or not. In either event, any obligation of National under its Capacity Request and/or any commitment to Xxxxxxxxx under the Revenue Side Letter associated with such cancelled purchase order shall be discharged in full and National shall have no liability whatsoever to Xxxxxxxxx therefore. 11.3 All Wafers delivered pursuant to the terms of this Agreement shall be suitably packed for shipment in Xxxxxxxxx'x standard containers, marked for shipment to National's address set forth in the applicable purchase order and delivered to a carrier or forwarding agent chosen by National. Should National fail to designate a carrier, forwarding agent or type of conveyance, Xxxxxxxxx shall make such designation in conformance with its standard shipping practices. Shipment will be F.O.B. shipping point, at which time risk of loss and title shall pass to National. Shipments will be subject to incoming inspection as set forth in Paragraph 12.2 below. 11.4 To facilitate the inspection of Product deliveries to Natio...
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DELIVERY; RESCHEDULING AND CANCELLATION. 9.1 National shall make reasonable and diligent efforts to deliver assembled and/or tested Devices on the delivery dates published to Xxxxxxxxx. Any shipment made within +/- 3 days of the shipment date(s) published to Xxxxxxxxx shall constitute timely shipment. 9.2 All Devices delivered pursuant to the terms of this Agreement shall be suitably packed for shipment in Xxxxxxxxx'x specified containers, marked for shipment to Xxxxxxxxx'x address set forth in the applicable purchase order and delivered to a carrier or forwarding agent chosen by Xxxxxxxxx. National shall not be responsible for delays in shipment resulting from Xxxxxxxxx'x failure to supply National with an adequate supply of Xxxxxxxxx'x specified containers. Should Xxxxxxxxx fail to designate a carrier, forwarding agent or type of conveyance, National shall make such designation in conformance with its standard shipping practices. Shipment will be F.O.B. shipping point, at which time risk of loss and title shall pass to Xxxxxxxxx. Shipments will be subject to incoming inspection as set forth in Paragraph 5.1 above. 9.3 Xxxxxxxxx may, with National's prior written consent, reschedule delivery of any order of assembled and/or tested Devices once each fiscal period. 9.4 Subject to the provisions of Section 6 hereof, Xxxxxxxxx may cancel any purchase order at least two (2) weeks prior to the commencement of work by National without charge, provided that Xxxxxxxxx reimburses National for the cost of any unique raw materials purchased after such purchase order has been placed, and provided further that National had provided Xxxxxxxxx with a listing of materials it considers unique.
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DELIVERY; RESCHEDULING AND CANCELLATION. 8.1 Fairchild shall deliver Products on the delivery dates agreed to by the Parties. For each order, delivery of 90% or more of the volume of each Product published in such order, made within -3/+3 days of the delivery date(s) agreed to by the Parties, shall constitute timely delivery. Delivery will be CIF Samsung's Onyang Plant. Delivery shall be deemed to be made and risk of loss and title shall pass to Samsung when shipment is made to a carrier. In the event that late deliveries equal or exceed 10% of any weekly total of orders, Fairchild shall expedite its production, at its best cycle-turnaround time, to make such deliveries. 8.2 If Fairchild fails to timely deliver a Product in accordance with Section 8.1, Samsung shall have the right, in its sole discretion, to cancel all or any part of the purchase order pertaining to such Product. Any obligation of Samsung under any commitment to Fairchild under this Agreement associated with such cancelled purchase order shall be discharged in full and Samsung shall have no liability whatsoever to Fairchild therefor. Profit that would have been realized by Fairchild but for such late delivery and cancelled order shall be included for purposes of determining the Committed Profit with respect to the applicable Annual Period. 8.3 All Products delivered pursuant to the terms of this Agreement shall be suitable, packed for shipment in containers specified by Samsung, marked for shipment to Samsung's address set forth in the applicable purchase order and delivered to a carrier or forwarding agent chosen by Samsung. Should Samsung fail to designate a carrier, forwarding agent or type of conveyance, Fairchild shall make such designation in conformance with its standard shipping practices. Delivery will be CIF Samsung's Onyang Plant. Delivery shall be deemed to be made and risk of loss and title shall pass to Samsung when shipment is made to a carrier. Shipments will be subject to incoming inspection as set forth in Section 11.1.
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Related to DELIVERY; RESCHEDULING AND CANCELLATION

  • Reservation and Cancellation Procedure A. Unless otherwise set forth, Attendees will make their own reservations for sleeping rooms. B. When an Attendee guarantees a sleeping room reservation by credit card, the Contractor shall not xxxx the Attendee’s card until after check-out, except in the event of cancellation or no-show, as further addressed below. C. When an Attendee makes a deposit on a sleeping room reservation, the Contractor shall (i) make a full refund of the deposit to that Attendee, if the Attendee cancels the reservation at least twenty-four (24) hours in advance of the 3:00 p.m. check- in time for the date the Attendee was scheduled to arrive (“Reservation Period”);

  • ORDER CANCELLATION Users of this contract are advised that orders (all or part) cancelled or returned after acceptance of requested merchandise will be subject to a restocking fee of ten percent (10%) of the invoice amount (not to exceed $500.00 per order) plus return freight charges. The amount authorized for payment of return freight will, in no instance, be more than original delivery charges documented by carrier. These charges may be applied, at the option of the supplier, to those orders which have been accepted. Orders cancelled prior to shipment or acceptance by ordering entity from the manufacturer will not be assessed charges.

  • Suspension and Cancellation Section 5.01. The following is specified as an additional event for suspension of the right of the Recipient to make withdrawals from the Grant Account for the purposes of Section 8.01(k) of the Grant Regulations or cancellation of the Grant pursuant to Section 8.02 of the Grant Regulations: the Recipient shall have failed to perform any of its obligations under the ADB Grant Agreement.

  • Contract Cancellation DCF may cancel this Contract after providing the Contractor with thirty (30) calendar days written notice of the Contractor’s right to cure a failure of the Contractor to perform under the terms of this Contract. The following are examples of contractor failure that would warrant cancellation: • Breaches or defaults an obligation under the Contract as follows: • Fails to follow the sales and use tax certification requirements of s. 77.66 of the Wisconsin Statutes; • Incurs a delinquent Wisconsin tax liability; • Fails to submit a non-discrimination or affirmative action plan as required here in; • Fails to follow the non-discrimination or affirmative action requirements of subch. II, Chapter 111 of the Wisconsin Statutes (Wisconsin’s Fair Employment Law); • Becomes a Federally debarred Contractor; • Is excluded from Federal procurement and non-procurement contracts; • Fails to maintain and keep in force all required insurance, permits and licenses as provided in this Contract; • Fails to maintain the confidentiality of DCF’s information that is considered to be Confidential Information, proprietary, or containing Personally Identifiable Information; • Contractor violates other state laws; or • Contractor performance threatens the health or safety of a State employee or State customer. The Contractor may cancel this Contract after providing DCF one hundred and twenty (120) calendar days’ notice of the State’s right to cure a failure of the State to perform under the terms of this Contract. Upon cancellation of this Contract for any reason, or upon Contract expiration, each party shall be released from all obligations to the other party arising after the date of cancellation or expiration, except for those that by their terms survive such cancellation or expiration.

  • Rescheduling of Tests If the Authority’s Engineer certifies to the Authority and the Contractor that it is unable to issue the Completion Certificate, as the case may be, because of events or circumstances on account of which the Tests could not be held or had to be suspended, the Contractor shall be entitled to re-schedule the Tests and hold the same as soon as reasonably practicable.

  • TERM AND CANCELLATION 22.1 Notwithstanding the date of signature hereof, the Commencement Date of this Agreement is ………… and the duration shall be for a three [3] year period, expiring on , unless: a) this Agreement is terminated by either Party in accordance with the provisions incorporated herein or in any schedules or annexures appended hereto, or otherwise in accordance with law or equity; or b) this Agreement is extended at Transnet’s option for a further period to be agreed by the Parties. 22.2 Notwithstanding clause 23 [Breach and Consequence of Termination], either Party may cancel this Agreement without cause by giving 30 [thirty] calendar days prior written notice thereof to the other Party, provided that in such instance, this Agreement will nevertheless be applicable in respect of all Purchase Orders which have been placed prior to the date of such cancellation.

  • Termination and Cancellation 9. 1. Licences will expire after the period shown in Clause 3 (above). 9. 2. Licensee reserves the right to terminate the Licence in the event that payment is not received in full or if there has been a breach of this agreement by you. Appendix 1 — Acknowledgements: Reprinted by permission from [the Licensor]: [Journal Publisher (e.g. Nature/Springer/Palgrave)] [JOURNAL NAME] [REFERENCE CITATION (Article name, Author(s) Name), [COPYRIGHT] (year of publication) For Advance Online Publication papers: Reprinted by permission from [the Licensor]: [Journal Publisher (e.g. Nature/Springer/Palgrave)] [JOURNAL NAME] [REFERENCE CITATION (Article name, Author(s) Name), [COPYRIGHT] (year of publication), advance online publication, day month year (doi: 10.1038/sj.[JOURNAL ACRONYM].)

  • Rescheduling (a) A Maintenance Outage and the associated Capacity Credit Period may be rescheduled if Seller’s request to reschedule is received by Buyer no later than 5:00 p.m. PPT on the day before the Maintenance Outage was previously scheduled to begin. (b) A Major Overhaul and the associated Capacity Credit Period may be rescheduled provided: (i) The rescheduled Major Xxxxxxxx begins six months or more after the first outage notification date and time; (ii) The notification to reschedule is made at least one week before the Major Overhaul was previously scheduled to begin; and (iii) There is at least a one-month period between the notification to reschedule and the commencement of the rescheduled Major Overhaul. (c) Maintenance Outages and Major Overhauls may be rescheduled more than once.

  • Policy Cancellation Except for ten days notice for non-payment of premium, each insurance policy shall be endorsed to state that; without thirty (30) days prior written notice to the City, the policy shall not be canceled, non-renewed or coverage and/or limits reduced or materially altered, and shall provide that notices required by this paragraph shall be sent by certified mail to the address shown below.

  • Prescription Safety Glasses Prescription safety glasses will be furnished by the employer. The employer retains the authority to establish reasonable rules and procedures regarding frequency of issue, replacement of damaged glasses, limits on reimbursement costs and coordination with the employer's vision plan.

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