LACK OF PROGRESS. Any lack of progress which significantly endangers substantial performance of the project within the specified time shall be deemed a violation of the terms of this Agreement. The determination of lack of progress shall be solely within the discretion of the Commission. The Commission shall notify the Sponsor in writing once such a determination is made.
LACK OF PROGRESS. If the Buyer is not satisfied with the Supplier's progress in repairing or replacing the Goods, the Buyer may either:
LACK OF PROGRESS. Either Party may terminate this Agreement, without any further obligation to the other Party, if (i) Seller has not, for any reason, issued by December 31, 2011 a notice to proceed with construction of the Exchange Resource, or (ii) for any reason, the Commercial Operation Date has not occurred by June 30, 2013.
LACK OF PROGRESS. The Inspecting Engineer reports that construction of the Project lags more than thirty (30) days behind the schedule detailed in the Schedule and thereafter, within sixty (60) days of the date of the Inspecting Engineer’s report, construction of the Project has not been restored to conform with the Schedule.
LACK OF PROGRESS. If the Buyer is not satisfied with the Supplier's progress in repairing or replacing the Goods, the Buyer may either: reject the Goods by Notice to the Supplier, in which case clausesclause 3.6 to 3.75 will apply; or arrange for the Goods to be repaired by someone else, in which case the Supplier will reimburse all costs and expenses incurred by the Buyer in doing so. Rejection : If the Supplier receives a Notice from the Buyer rejecting the Goods, it must : remove any rejected Goods from the Buyer's premises at its own risk and expense. If the Supplier does not remove the rejected Goods within 15 Business Days of Notice of rejection, and if the Supplier fails to do so the Buyer may return the Goods and recover from the Supplier any cost and expense incurred., and If the Buyer rejects any Goods, the Supplier, at the Supplier’s cost, will do whichever onedo either of the following the Buyer elects. The Buyer must state the action required in its Notice issued under clause 3.3of rejection: provide a full refund of the Charges paid for the rejected Goods, within 10 Business Days of the Buyer electing to receive a refund, or provide a credit for the Charges paid for the rejected Goods, against the Charges payable for other Goods, or. promptly replace the rejected Goods with Goods that meet the requirements of this Contract. No limitation : The Buyer's rights under clauses 3.2 to 3.75 are in addition to, and do not limit, any other rights or remedies the Buyer may have. Ownership and risk Ownership of Goods : Ownership in the Goods passes to the Buyer on the earlier of: the date the Buyer has paid the Charges for those Goods, xxxxx the date those Goods have been delivered.
LACK OF PROGRESS. If the Buyer is not satisfied with the Supplier's progress in repairing, replacing or resupplying the Goods or Services, the Purchaser may either: reject the Goods or Services by written notice to the Supplier, in which case clause 5.5 will apply; or arrange for the Goods or Services to be repaired or resupplied by someone else, in which case the Supplier will reimburse all costs and expenses incurred by the Purchaser in doing so.
LACK OF PROGRESS. If the Buyer is not satisfied with the Supplier's progress in repairing or replacing the Goods, the Buyer may either: reject the Goods by Notice to the Supplier, in which case clause 3.5 will apply; or arrange for the Goods to be repaired by someone else, in which case the Supplier will reimburse all costs and expenses incurred by the Buyer in doing so. Rejection: If the Supplier receives a Notice from the Buyer rejecting the Goods, it must: remove any rejected Goods from the Buyer's premises at its own risk within 15 Business Days of Notice of rejection, and if the Supplier fails to do so the Buyer may return the Goods and recover from the Supplier any cost and expense incurred, and do either of the following the Buyer elects in its Notice of rejection: provide a full refund of the Charges paid for the rejected Goods, within 10 Business Days of the Buyer electing to receive a refund, or provide a credit for the Charges paid for the rejected Goods, against the Charges payable for other Goods.
