Late Delivery Fees. (a) In the event the Lessee shall fail:
Late Delivery Fees. If Seller fails to have the Goods delivered in the time period stated in the PO or proposal, Buyer has the option to enforce the following late fees: 2% of invoice price after 14 days, 5% after 30 days, 9% after 45 days and 15% of final invoice price after 60 days.
Late Delivery Fees. Except as otherwise provided in the applicable Statement of Work, in the event that Ericsson fails to meet the delivery commitments set forth in a Build Out Plan, Ericsson agrees to credit Triton the late delivery fees as set forth in Attachment I. The foregoing method of calculating and crediting Triton for late delivery fees shall be Ericsson's sole liability and Triton's sole remedy for Ericsson's failure to meet the delivery commitments set forth in any Build Out Plan. For avoidance of doubt, the Parties agree that Ericsson shall not be responsible for the payment of late delivery fees resulting from delays to the extent that such delays occur primarily due to Triton's failure to perform its responsibilities as set forth in Attachments E, or are caused by an event of force majeure as set forth in Section 10.
Late Delivery Fees. This Attachment I describes the liquidated damages agreed to by the Parties for certain types of performance delays and other issues that may arise under the Agreement. *****
Late Delivery Fees. For each failure to deliver Settlement Shares within five (5) Trading Days of the delivery due date stated in this Agreement or in the Securities Purchase Agreement (such fifth day after such delivery due date shall be referred to herein as the “Late Fee Date”), late fees equal to the following amounts shall be assessed for each day beginning on the day following the Late Fee Date and ending on the date the applicable Settlement Shares are delivered: (a) $250 per day will be assessed for each of the first five (5) Trading Days following the Late Fee Date, and (b) $500 per day will be assessed for each day beginning with the eleventh (11th) day following the Late Fee Date, and continuing until the date the applicable Settlement Shares are delivered. The parties acknowledge and agree that under the circumstances existing at the time this Agreement is entered into, such late fees are fair and reasonable liquidated damages and are not penalties. The liquidated damages provisions of this Agreement shall not limit or preclude a party from pursuing any other remedy available at law or in equity; provided, however, that the liquidated damages provided for in this Agreement are intended to be in lieu of actual damages. Furthermore, nothing contained in this paragraph shall be deemed to permit Tauriga to deliver any Settlement Shares after the actual delivery due date stated herein or in the Securities Purchase Agreement, any failure to deliver Settlement Shares by the delivery due date stated herein or in the Securities Purchase Agreement being an event of default hereunder and thereunder. However, in the event Typenex has materially breached any of its obligations under paragraph 2 of this Agreement, no late fees shall be due from Tauriga until Typenex has cured such breach in its entirety, at which such time the initial five (5) day delivery period shall begin and a Late Fee Date shall not occur until such period passes without delivery to the specific Settlement Shares by Tauriga to Typenex.
Late Delivery Fees. (a) In the event the Company shall fail:
Late Delivery Fees. With respect to any Order which is forecasted in accordance with Schedule B for which the required delivery schedule is within the standard delivery intervals set out in Schedule B, and which is accepted by Nortel Networks for GSM/GPRS Products under the terms of this Agreement, in the event Nortel Networks fails to deliver the Products by the time set forth in such Order, Nortel Networks agrees to credit Triton PCS, as late delivery fees, an amount equal to ***** percent (*****%) of the price of the delayed Products, per week, for each full week such GSM/GPRS Product is delayed, up to a maximum of ***** percent (*****%) of the price of such Products ("Late Delivery Fees"). Payment of Late Delivery Fees shall be Triton PCS's sole remedy and Nortel Networks sole liability with respect to delayed delivery of Products under this Agreement. A percentage of the total amount of the late delivery fees accrued with respect to a delayed Product shall be applied as a credit so as to reduce the amount due and payable under each invoice issued for such delayed Product, where the applicable percentage shall be the same as the percentage of the Order price due and payable under that invoice pursuant to Section 5. Notwithstanding the foregoing, the late delivery fees set forth in this Section do not apply to the following circumstances, but only in the event, and to the extent, that the delay is attributable to any act or omission of Triton PCS or third parties under Triton PCS control (including, without limitation, its agents, subcontractors or vendors (other than Nortel Networks)), or force majeure events.
Late Delivery Fees. 68 Section 9.9. Mortgagee Protective Provisions. 69 Section 9.10. Additional Mortgagee Protective Clauses. 71 TABLE OF CONTENTS (continued) Page ARTICLE X TERMINATION 72 Section 10.1. Termination of Company Lease and this Agreement on Agency Notice. 72 Section 10.2. Actions Upon Termination. 72 Section 10.3. Survival of Lessee Obligations. 73 ARTICLE XI MISCELLANEOUS 73 Section 11.1. Force Majeure. 73 Section 11.2. Priority; Tenant Recognition. 73 Section 11.3. Amendments; Conversion to Condominium Form of Ownership; Termination of Ground Lease. 74 Section 11.4. Service of Process. 75 Section 11.5. Notices. 76 Section 11.6. Consent to Jurisdiction. 77 Section 11.7. Prior Agreements Superseded. 78 Section 11.8. Severability 78 Section 11.9. Effective Date; Counterparts. 78 Section 11.10. Binding Effect. 78 Section 11.11. Third Party Beneficiaries. 78 Section 11.12. Law Governing. 78 Section 11.13. Waiver of Trial by Jury 78 Section 11.14. Recourse Under This Agreement. 78 Section 11.15. Estoppel Certificates. 79 Section 11.16. Confidentiality. 79 Section 11.17. Legal Counsel; Mutual Drafting. 79 EXHIBITS Exhibit A – Description of the Land Exhibit B – Authorized Representative Exhibit C – Principals of Lessee Exhibit D – Owners of Lessee Exhibit E – Project Cost Budget Exhibit F – Form of Required Disclosure Statement Exhibit G – Form of Project Completion Certificate Exhibit H – Project Finance Plan Exhibit I-1 – Form of Subordination Non-Disturbance and Attornment Agreement Exhibit I-2 – Form of Subordination Agreement Exhibit I-3 – Form of Tenant Lease Subordination Non-Disturbance and Attornment Agreement Exhibit I-4 – PILOT Assignment and Agreement Exhibit J – Form of LW Agreement Exhibit K – Construction Development Agreement Parameters AGENCY LEASE AGREEMENT This AGENCY LEASE AGREEMENT, dated as of April 1, 2015 (this “Agreement”), is by and between NEW YORK CITY INDUSTRIAL DEVELOPMENT AGENCY, a corporate governmental agency constituting a body corporate and politic and a public benefit corporation of the State of New York, duly organized and existing under the laws of the State of New York, having its principal office at 000 Xxxxxxx Xxxxxx, New York, New York 10038, party of the first part, and BOP NE TOWER LESSEE LLC, a limited liability company duly organized and existing under the laws of the State of Delaware (the “Lessee”), party of the second part (capitalized terms used herein shall have the respective meanings assigned to such terms througho...
Late Delivery Fees. 85 ARTICLE X TERMINATION 87
