Late Performance. In case of flagrant late performance of the Services, the Client has the right to terminate the Agreement by written notification if HRD Antwerp has not performed the Services within a period of two (2) months after receipt of a written notice of default by the Client. The Client agrees that it shall not be entitled to any indemnification in case of late or non- performance of the Services.
Late Performance. To the extent that the Service Provider fails to perform any Services by the applicable time line, plus a grace period of fifteen (15) days, ICRC will be entitled to a five (5) percent discount off the total fees related to such late Services or delivery per additional week of delay, up to thirty (30) percent, without prejudice to any other rights and remedies. The Service Provider shall automatically apply such discount on its next invoice or refund the relevant amount to ICRC, if so requested.
Late Performance. 1.3.1. In order to be released from liability, the Trustee may not plead the defective condition of the vehicle used to carry out the carriage against the Client.
1.3.2. In the event of a late delivery of the lorry, the Client may withdraw from the contract and claim the costs resulting from the unsuccessful attempt to load, as well as the surcharge paid for the other vehicle.
1.3.3. Delivery beyond the date specified as the date of delivery of the goods in the Freight Order considered a late performance.
1.3.4. Delay in delivery, and at the same time exceeding the time limit for carriage, shall be deemed to have occurred if the goods have not been delivered by the carrier within the time limit specified in the Freight Order or, in the absence of an agreement, within the time expected from a diligent carrier.
1.3.5. In the event of a delay, if the delay results in damage to the Client, the Trustee shall be liable to pay compensation.
1.3.6. In case of non-employment, all verifiable damages shall be charged by the Client to the Trustee, but at least EUR 100 for each transport task not performed by the deadline, as a penalty for failure.
Late Performance. If Buyer reasonably determines Seller will be unable to meet any date stated in this Purchase Order, Buyer may, in its sole discretion: (a) demand from Seller, in which event Seller shall pay to Buyer, one and one half percent of the total price stated in this Purchase Order on the first day after the delayed event was scheduled to occur and an additional one and one half percent of the price per week thereafter until Seller causes the delayed event to occur; or (b) cancel this Purchase Order without penalty to Seller, acquire the goods or services from a third-party source, and charge Seller for any costs in excess of the price stated herein for such goods or services. The liquidated damages in this Section constitute compensation and not a penalty. The parties acknowledge and agree that Xxxxx’s harm caused by a delay would be impossible or very difficult to accurately estimate and that the liquidated damages stated in this Section are a reasonable estimate of the anticipated or actual harm that might arise from such a breach. The remedies stated in this Section are exclusive and Xxxxx’s election of one remedy prevents its election of another remedy based on the individual delayed event.
Late Performance. 1. Should Supplier be unable to produce Products or provide the Services that are the subject of an Order in a timely manner, it shall notify Corning when it became aware, or should reasonably have become aware of its delay. Supplier will comply with Corning’s instructions in such event, including expediting manufacturing and paying, at Supplier’s expense, any expedited delivery or shipping fees.
2. If Corning incurs a penalty or other charge from its Customer because Supplier was unable to produce Products in accordance with an Order in a timely manner, Corning will advise Supplier and Supplier will reimburse Corning for the amount of such charge, not to exceed the aggregate end user price of the affected Product.
Late Performance. Amounts due under this Lease not paid within 30 days of their due dates will bear interest from their due dates, at 12% per annum, or such lesser rate as may be the maximum lawful rate, payable on demand.
Late Performance. Check one box and provide additional information if warranted.
Late Performance. If performance of the specified work is late, Contractor agrees that (check one box and provide description, if necessary): Homeowner shall be damaged in the amount of $ per A dispute over any damages or loss claimed by Homeowner for the delay in performance of the
Late Performance. If performance of the specified work is late, Contractor agrees that (check one box and provide description, if necessary): Homeowner shall be damaged in the amount of $__________________ per _____________________________ and that Contractor shall be liable for such sums, which may be credited against any sums owed to Contractor by Homeowner. A dispute over any damages or loss claimed by Homeowner for the delay in performance of the specified work shall be resolved as provided in Clause 12 of this agreement. The Contractor and Homeowner recognize that: Contractor’s original cost and time estimates may prove too low due to unforeseen events, or to factors unknown to the Contractor when the contract was made; Homeowner may desire a mid-job change in the specifications that would add time and cost to the specified work possibly inconvenience the Contractor; or Other provisions of the contract may be difficult to carry out because of unforeseen events, such as a materials shortage or a labor strike. If these or other events beyond the control of the parties reasonable require adjustments to this contract, the parties shall make a good faith attempt to agree on all necessary particulars. Such agreements shall be put in writing, signed by the parties and added to this contract. Failure to reach agreement shall be deemed a dispute to be resolved as agreed in Clause 12.
Late Performance. If the Department determines that Bank fails to fulfill an obligation under this Contract within the period stated in Article III, and shall fail to cure such default within a period of 15 days, the Department may cancel this Contract by sending Bank written notice, which states the effective date of cancellation pursuant to the non- performance sanctions of Section 2.10.
