Extended Delay Clause Samples
The Extended Delay clause defines the procedures and consequences when a project or contractual obligation is delayed beyond an initially agreed-upon period. Typically, this clause outlines the steps parties must take if delays persist, such as providing written notice, negotiating revised timelines, or triggering specific remedies like liquidated damages or termination rights. Its core function is to manage the risks associated with prolonged delays, ensuring both parties have clear expectations and recourse if the project cannot proceed as planned.
Extended Delay. With respect to the most recently approved Critical Target Dates, if ▇▇▇▇▇▇▇ does not initiate Phase III trials within 12 months of the date specified in the Development Plan or file for Regulatory Approval of the Licensed Product in any Major Country within 18 months of the date specified for such filing in the Development Plan then this shall be considered a dispute and shall be resolved according to the process set forth in Section 3.5(c). In the event that ▇▇▇▇▇▇▇ is held to the Critical Target Dates, and does not agree to meet these dates, then DTI may terminate ▇▇▇▇▇▇▇'▇ rights under this Agreement with respect to Licensed Products in the Major Country in question, in which case such Major Country shall be deleted from the Territory. In such event, ▇▇▇▇▇▇▇ shall promptly transfer to DTI all INDs or their non-U.S. equivalent (as applicable) and other relevant regulatory filings as it may hold with respect to Licensed Products in such country, and any information as ▇▇▇▇▇▇▇ may possess which is useful to gain Regulatory Approval for and to commercialize the Licensed Products in such country. Such transfer shall be without cost to DTI, provided however, that DTI shall pay any governmental filing or transfer fees that may be required. ▇▇▇▇▇▇▇ shall also, to the extent it has the right to do so, sublicense to DTI any third party licenses to which ▇▇▇▇▇▇▇ has rights, to the extent that such rights are necessary or useful to make, use and sell the Licensed Products, and DTI shall thereafter assume the cost of maintaining such licenses. As used in this Section, initiation of Phase III trials shall mean enrollment of the first patient.
Extended Delay. Subject to Section 11.5, if Fujisawa (i) fails to meet any of the Clinical Target Dates then in effect for the Licensed Product for a given Primary Indication within 12 months after the relevant Clinical Target Date specified in the Development Plan for such Primary Indication, or (ii) fails to submit for Regulatory Approval of that Licensed Product for such Primary Indication in the United States within 18 months after the date specified for such submission in the Development Plan with respect to such Licensed Product, then DTI may terminate Fujisawa's rights under this Agreement with respect to such Licensed Product for such particular Primary Indication. In such event, Fujisawa shall promptly transfer to DTI all INDs or their Canadian equivalent and other relevant regulatory filings as it may hold with respect to that Licensed Product for the particular Primary Indication, and any information as Fujisawa may possess which is necessary or useful to gain Regulatory Approval for and to commercialize such Licensed Product in the Territory for such Primary Indication. Such transfer shall be without cost to DTI, provided however that DTI shall pay any governmental filing or transfer fees that may be required. Fujisawa also grants to DTI, effective only in the event its rights to such Licensed Product for such Primary Indication are terminated under this Section 3.5(b), an exclusive fully paid and royalty-free (subject to DTI's obligations under Section 5.5) -------------------------------------------------------------------------------- * Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. -------------------------------------------------------------------------------- license under the Fujisawa Technology to make, have made, use, import, export, offer for sale and sell such Licensed Product for such Primary Indication and, to the extent it has the right to do so, grant to DTI a sublicense under any Third Party licenses to which Fujisawa has rights, to the extent that such rights are necessary or useful to make, have made, use, import, export, offer for sale and sell the Licensed Product. DTI shall thereafter assume the cost of maintaining its proportionate share of such Third Party license and shall perform such obligations of Fujisawa under such license agreement as are applicable to the relevant Licensed Product. T...
Extended Delay. In the event of any delay of more than 90 days past the Target Commercial Operations Date, the Parties shall meet and consult each other regarding the terms by which this Contract may continue. If the Parties fail to reach an agreement within 30 days from commencement of consultations, the respective Party may exercise its right to terminate this Contract pursuant to the provisions of Section [ ].
Extended Delay. By EMS or NetSat if any condition to its obligations under this Agreement shall not have been fulfilled on or before June 30, 2000. Except as expressly modified by this Amendment, the Agreement shall remain in full force and effect in accordance with its terms.
Extended Delay. By EMS or NetSat if the condition set forth in Section 8.6 (concerning the FCC License) shall not have been satisfied on or before January 31, 2000, or if any other condition to its obligations under this Agreement shall not have been fulfilled on or before February 29, 2000.
Extended Delay. 11.3.1 Prior to the end of the third (3rd) year of any Delay Period, the Parties shall require the Implementation Committee to meet by no later than February 28th of the fourth (4th) year of such Delay Period to consider:
(a) the likelihood that: (i) the Delay Period will extend beyond the end of the fourth (4th) year of such Delay Period; and (ii) NWMO may terminate this Agreement as a result of such extended Delay Period;
(b) potential measures that one or both of the Parties could take to end or shorten the Delay Period; and
(c) whether further financial payments will be required by the Municipality beyond the end of the fourth (4th) year of any Delay Period to address costs incurred or to be incurred in connection with the Municipality’s participation in the development of the Project, taking into account the Support Payments made to the Municipality and amounts spent by the Municipality during such Delay Period.
11.3.2 If, based upon the meeting held in accordance with Section 11.3.1, the Implementation Committee believes that the Delay Period could extend beyond the end of the fourth (4th) year of such Delay Period, the Implementation Committee shall, by no later than April 30th of the fourth (4th) year of such Delay Period, prepare and deliver a report to the Parties which contains:
(a) its findings and any recommendations;
(b) a work plan to implement any such recommendations; and
(c) if the Implementation Committee considers necessary, recommendations in respect of any payments that NWMO should make to the Municipality in the fifth (5th) and subsequent years of the Delay Period to compensate the Municipality for costs incurred or to be incurred in connection with its participation in the development of the Project.
11.3.3 The Parties shall: (a) review and consider the Implementation Committee’s report delivered in accordance with Section 11.3.2; and (b) negotiate any changes, amendments or modifications to this Agreement in order to address such Delay Period that extends beyond the end of the fourth (4th) year of such Delay Period.