Common use of Delivery Term Clause in Contracts

Delivery Term. Throughout the Delivery Term, Seller shall update the Safeguards and the Project Safety Plan as required by Safety Requirements or Safety Remediation Plan. Seller shall provide to Buyer within thirty (30) days of any such updates a Safety Attestation of a Licensed Professional Engineer with respect to the updated Project Safety Plan in the form set forth in Appendix VII-B. Throughout the Delivery Term, Buyer shall have the right to request Seller to provide its Project Safety Plan, or portions thereof, and demonstrate its compliance with the Safety Requirements within thirty (30) days of Buyer’s Notice. Seller shall provide Notice of a Serious Incident to Buyer within five (5) Business Days of occurrence. The Notice of Serious Incident must include the time, date, and location of the incident, the Contractor involved in the incident (as applicable), the circumstances surrounding the incident, the immediate response and recovery actions taken, and a description of any impacts of the Serious Incident. Seller shall cooperate and provide reasonable assistance, and cause each of its Contractors to cooperate and provide reasonable assistance, to Buyer with any investigations and inquiries by Governmental Authorities that arise as a result of the Serious Incident. (a) Seller shall resolve any Remediation Event within the Remediation Period. Within ten (10) days of the date of the first occurrence of any Remediation Event, Seller shall provide a Safety Remediation Plan to Buyer for Buyer’s review. (i) Following the occurrence of any Remediation Event, Seller shall also provide a Safety Attestation to Buyer for Buyer’s review and acceptance. Seller shall cooperate, and cause each of its Contractors to cooperate, with Buyer in order for Seller to provide a Safety Attestation, in a form and level of detail that is reasonably acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as reasonably requested by Buyer. (b) Seller’s failure to resolve a Remediation Event by obtaining Xxxxx’s written acceptance of the Safety Attestation within the Remediation Period is a material breach of this Agreement; provided, however, that Seller may request to extend the Remediation Period by up to ninety (90) days. Buyer shall not unreasonably withhold approval of such extension. Seller may request an additional extension of the Remediation Period of up to ninety (90) days, which Buyer may approve in its sole discretion. The Remediation Period will not, under any circumstance, continue for more than two-hundred and seventy (270) days from the first occurrence of the Remediation Event. The number of days of the Buyer Remediation Review Period shall not be included in calculating the number of days of the Remediation Period. The Initial Delivery Date shall not occur during a Remediation Period.

Delivery Term. Throughout the Delivery Term, Seller shall update the Safeguards and the Project Safety Plan as required by Safety Requirements or Safety Remediation Plan. Seller shall provide to Buyer within thirty (30) days of any such updates a Safety Attestation of a Licensed Professional Engineer with respect to the updated Project Safety Plan in the form set forth in Appendix VIIIX-B. Throughout the Delivery Term, Buyer shall have the right to request Seller to provide its Project Safety Plan, or portions thereof, and demonstrate its compliance with the Safety Requirements within thirty (30) days of Buyer’s Notice. Seller shall provide Notice of a Serious Incident to Buyer within five (5) Business Days of occurrence. The Notice of Serious Incident must include the time, date, and location of the incident, the Contractor involved in the incident (as applicable), the circumstances surrounding the incident, the immediate response and recovery actions taken, and a description of any impacts of the Serious Incident. Seller shall cooperate and provide reasonable assistance, and cause each of its Contractors to cooperate and provide reasonable assistance, to Buyer with any investigations and inquiries by Governmental Authorities that arise as a result of the Serious Incident. (a) Seller shall resolve any Remediation Event within the Remediation Period. Within ten (10) days of the date of the first occurrence of any Remediation Event, Seller shall provide a Safety Remediation Plan to Buyer for Buyer’s review. (i) Following the occurrence of any Remediation Event, Seller shall also provide a Safety Attestation to Buyer for Buyer’s review and acceptance. Seller shall cooperate, and cause each of its Contractors to cooperate, with Buyer in order for Seller to provide a Safety Attestation, in a form and level of detail that is reasonably acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as reasonably requested by Buyer. (b) Seller’s failure to resolve a Remediation Event by obtaining XxxxxBuyer’s written acceptance of the Safety Attestation within the Remediation Period is a material breach of this Agreement; provided, however, that Seller may request to extend the Remediation Period by up to ninety (90) days. Buyer shall not unreasonably withhold approval of such extension. Seller may request an additional extension of the Remediation Period of up to ninety (90) days, which Buyer may approve in its sole discretion. The Remediation Period will not, under any circumstance, continue for more than two-hundred and seventy (270) days from the first occurrence of the Remediation Event. The number of days of the Buyer Remediation Review Period shall not be included in calculating the number of days of the Remediation Period. The Initial Delivery Date shall not occur during a Remediation Period.

Delivery Term. Throughout (1) The deadline shall commence on the Delivery Termdate on which the contract is validly entered into, provided the Seller has provided the Purchaser with all information and documentation necessary for technical assessment by the utilization location (Verwendungsstelle) and that all other requirements of the purchase agreement are met, e.g. statement of mechanical measurements, the stress levels etc. If the aforementioned criteria have not been met upon receipt of the order, then the delivery deadline shall update commence only upon the Safeguards date on which these preconditions have been met. (2) In the case of orders for which no specific delivery deadline is agreed, deliveries shall be rendered and invoiced by no later than the expiry of 6 months from the order date. Orders for goods to be delivered on demand shall be delivered and invoiced by no later than 3 months after the date for request for delivery as agreed in the contract confirmation. (3) The delivery deadline shall extend in the event of force majeure, lock-out and the Project Safety Plan as required by Safety Requirements or Safety Remediation Planoccurrence of other unforeseen events extraneous to the will of the Seller and that can be shown to significantly affect completion and delivery of the purchased goods. Seller The same shall provide to Buyer apply if such circumstances affect a sub- contractor. Should the hindrance last more than 4 months, both contract parties may rescind the Agreement, provided they properly effect termination within thirty (30) 14 days of expiry of the aforementioned 4 month period. In event of rescission of the Agreement, compensatory damages for non-performance in place of performance and compensatory damages for late performance shall be excluded. A hindrance for which the Seller is responsible shall not entitle the Seller to rescind the Agreement. (4) Should the Seller default in delivery, it shall in any such updates event have a Safety Attestation of right to a Licensed Professional Engineer with respect reasonable grace period for delivery to be set by the updated Project Safety Plan Purchaser. Such grace period for delivery shall be 4 weeks; in the form set forth in Appendix VII-B. Throughout case of warehouse goods ready for shipment, the Delivery Term, Buyer grace period shall have be one week. The grace period for delivery shall commence on the right to request date on which the notice by the Purchaser relating thereto is received. The grace period for delivery shall be deemed complied with if the Seller to provide its Project Safety Plan, or portions thereof, and demonstrate its compliance with ships the Safety Requirements goods within thirty (30) days of Buyer’s Notice. Seller shall provide Notice of a Serious Incident to Buyer within five the grace period for delivery. (5) Business Days of occurrence. The Notice of Serious Incident must include the time, date, and location of the incident, the Contractor involved in the incident (as applicable), the circumstances surrounding the incident, the immediate response and recovery actions taken, and a description of any impacts of the Serious Incident. Seller shall cooperate be liable – to the exclusion of additional claims – for default-based damage attributable to gross fault or willful conduct on the part of itself, its representative or its vicarious agent. Should default in delivery for which ht e Seller is responsible result from a culpable infringement of a material contractual duty, then the Seller shall also be liable, but only for any foreseeable and provide reasonable assistance, typical damage that occurs and cause each of its Contractors to cooperate and provide reasonable assistance, to Buyer provided that the Seller did not act with any investigations and inquiries by Governmental Authorities that arise as a result of the Serious Incidentintent. (a6) Seller shall resolve any Remediation Event within The Seller's liability in the Remediation Period. Within ten (10) days event of a default is limited to 1 % of the date delivery value for each week completed up to a maximum amount of 10 % of the first occurrence of any Remediation Event, Seller shall provide a Safety Remediation Plan to Buyer for Buyer’s reviewentire delivery value. (i7) Following Should the occurrence Purchaser default in taking acceptance or should it violate other duties of co-operation, the Seller may demand compensation for any Remediation Eventdamage it incurs to this extent, Seller including any additional expenses. Additional rights shall also provide a Safety Attestation to Buyer for Buyer’s review and acceptanceremain reserved. Seller shall cooperate, and cause each of its Contractors to cooperate, with Buyer in order for Seller to provide a Safety Attestation, in a form and level of detail that is reasonably acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as reasonably requested by Buyer. (b) Seller’s failure to resolve a Remediation Event by obtaining Xxxxx’s written acceptance Should the elements of the Safety Attestation within foregoing paragraph have been met, any risk of accidental destruction and accidental deterioration in the Remediation Period is a material breach of this Agreement; provided, however, that Seller may request purchased goods shall pass to extend the Remediation Period by up to ninety (90) days. Buyer shall not unreasonably withhold approval of such extension. Seller may request an additional extension of Purchaser at the Remediation Period of up to ninety (90) days, time at which Buyer may approve it defaulted in its sole discretion. The Remediation Period will not, under any circumstance, continue for more than two-hundred and seventy (270) days from the first occurrence of the Remediation Event. The number of days of the Buyer Remediation Review Period shall not be included in calculating the number of days of the Remediation Period. The Initial Delivery Date shall not occur during a Remediation Periodtaking acceptance or rendering payment.

Delivery Term. Throughout the Delivery Term, Seller shall update the Safeguards and the Project Safety Plan as required by Safety Requirements or Safety Remediation Plan. Seller shall provide to Buyer within thirty (30) days of any such updates a Safety Attestation of a Licensed Professional Engineer with respect to the updated Project Safety Plan in the form set forth in Appendix VIIIX-B. Throughout the Delivery Term, Buyer shall have the right to request Seller to provide its Project Safety Plan, or portions thereof, and demonstrate its compliance with the Safety Requirements within thirty (30) days of Buyer’s Notice. Seller shall provide Notice of a Serious Incident to Buyer within five (5) Business Days of occurrence. The Notice of Serious Incident must include the time, date, and location of the incident, the Contractor involved in the incident (as applicable), the circumstances surrounding the incident, the immediate response and recovery actions taken, and a description of any impacts of the Serious Incident. Seller shall cooperate and provide reasonable assistance, and cause each of its Contractors to cooperate and provide reasonable assistance, to Buyer with any investigations and inquiries by Governmental Authorities that arise as a result of the Serious Incident. (a) Seller shall resolve any Remediation Event within the Remediation Period. Within ten (10) days of the date of the first occurrence of any Remediation Event, Seller shall provide a Safety Remediation Plan to Buyer for Buyer’s review. (i) Following the occurrence of any Remediation Event, Seller shall also provide a Safety Attestation to Buyer for Buyer’s review and acceptance. Seller shall cooperate, and cause each of its Contractors to cooperate, with Buyer in order for Seller to provide a Safety Attestation, in a form and level of detail that is reasonably acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as reasonably requested by Buyer. (b) Seller’s failure to resolve a Remediation Event by obtaining Xxxxx’s written acceptance of the Safety Attestation within the Remediation Period is a material breach of this Agreement; provided, however, that Seller may request to extend the Remediation Period by up to ninety (90) days. Buyer shall not unreasonably withhold approval of such extension. Seller may request an additional extension of the Remediation Period of up to ninety (90) days, which Buyer may approve in its sole discretion. The Remediation Period will not, under any circumstance, continue for more than two-hundred and seventy (270) days from the first occurrence of the Remediation Event. The number of days of the Buyer Remediation Review Period shall not be included in calculating the number of days of the Remediation Period. The Initial Delivery Date shall not occur during a Remediation Period.