Liability for Delay. The Company shall not be held responsible for any delay in the filing or processing of a registration statement which includes any Registrable Securities due to requests by holders of Registrable Securities pursuant to this Section 3 nor for any delay in requesting the effectiveness of such registration statement.
Liability for Delay. 11.1. Any lead times quoted by Xxxxxx shall run from Xxxxxx’x acceptance of the Buyer’s order and/or on Xxxxxx’x receipt of all necessary information to enable Howden to commence work under the Contract, whichever is later, and shall be subject to continued and timely performance from the Buyer.
Liability for Delay. To the extent that the Contractor has failed to deliver the Initial Availability Requirements or has failed to implement and comply with the Mobilisation Plan and as a consequence the Contractor is unable to provide the Services on or before the Services Commencement Date, the Authority and Related Organisations, without prejudice to its or their other rights or remedies, may recover from the Contractor the costs reasonably incurred in making other arrangements for the provision of the Services up to the Services Commencement Date provided that in the payment of such compensation by the Contractor only the difference in cost between the amount that would have been paid by the Authority for the provision of the Services by the Contractor and amounts reasonably incurred by the Authority for the delivery of the Services by an alternative provider (which the Authority shall take reasonable steps to mitigate) shall be paid by the Contractor to the Authority. The amount which would have been paid to the Contractor shall, for the purposes of this clause, be calculated on the basis of the Contract Price (including any relevant Ramp-Up Payments) that would have been payable pursuant to Schedule 5 (Pricing and Payment Mechanism) based on the applicable Commissioned Volume Band. 9COMPENSATION EVENTS
Liability for Delay. 11.1 Any lead times quoted by Xxxxxx shall run from Xxxxxx’x acceptance of the Buyer’s order and/or on Xxxxxx’x receipt of all necessary information to enable Xxxxxx to commence work under the Contract, whichever is later, and shall be subject to continued and timely performance from the Buyer.
11.2 In the event of a delay in the supply of the Goods or Services, which is solely attributable to the fault of Howden, Howden shall be liable to pay liquidated damages in a sum equal to half of one percent (0.5%) of the value of the delayed Goods or Services per week, subject to a maximum of five percent (5%) of the value of the delayed Goods or Services. Such liquidated damages shall be the Buyer’s sole and exclusive remedy in the event of Howden’s delay.
11.3 If Howden is delayed in its performance of the Contract, which is solely attributable to the fault of the Buyer, the Buyer’s agent and/or other contractors, Howden is entitled to receive payment at the time Howden was originally scheduled to be paid notwithstanding the delay. Any shipments held or delayed beyond the scheduled delivery date at the request or fault of the Buyer may be invoiced to the Buyer immediately including all reasonable expenses incident to such delay, and the Buyer shall assume the risk of loss thereof.
Liability for Delay. The Institution will not be liable for any delay or failure to perform its obligations under this Agreement if the delay or failure to perform is caused by a Force Majeure and not due in any way to its own negligence.
Liability for Delay. Neither the Company nor the Trustee shall be liable for any delay by the Security Custodian or the Depository in identifying the beneficial owners of Securities and the Company and the Trustee may conclusively rely on, and will be protected in relying on, instructions from the Security Custodian or the Depository for all purposes.
Liability for Delay. The Researcher will not be liable for any delay or failure to perform its obligations under this Agreement if the delay or failure to perform is caused by a Force Majeure and not due in any way to its own negligence.
Liability for Delay. Any dates specified by the Company for delivery of the Goods or completion of the Services are intended to be an estimate and time for delivery or completion shall not be made of the essence by notice. The Company shall be entitled to extend the time for delivery of the Goods or completion of the Services by a reasonable period if the Customer delays in providing or fails to provide proper instructions when requested by the Company.
Liability for Delay. 11.2. Aansprakelijkheid voor vertraging 11.2.1. Without prejudice to the right to claim indemnification for additional damages, liquidated damages shall accrue at a rate of 0.5% of the total contract price per day by which the delivery date is delayed. Liquidated damages shall, however, not exceed 15% of the total contract price.
11.2.1. Onverminderd het recht van Xxxxx om eenaanvullende schadevergoeding te vorderen, is Leverancier voor elke dag dat de leveringsdatum is vertraagd een van rechtswege contractueel verschuldigde schadevergoeding van 0,5% van de totale contractsprijs verschuldigd. De contractueel verschuldigde schadevergoeding zal echter nooit meer bedragen dan 15% van de totale contractprijs.
11.2.2. If the Deliverables are manufactured especially for Buyer, and Supplier therefore is unable to dispose of the Deliverables without incurring considerable Losses, Buyer may without any liability terminate the Agreement with immediate effect only if the maximum of liquidated damages have accrued or the delay constitutes a substantial breach of Agreement, or it is evident that such delay will take place.
Liability for Delay. If the delivery date is exceeded substantially and the delay causes considerable inconvenience to the buyer, the buyer shall be entitled to request delivery from the seller in writing and at the same time stipulate a final delivery date. This date must be reasonable in view of the delay already occurred. If, hereafter, the seller omits to take all the necessary measures to ensure delivery by the then fixed date, the buyer is entitled to cancel the contract for the part of the order which is delayed by giving notice to the seller in writing. The buyer is not entitled to cancel the contract for any previous or future orders to be delivered. If the buyer cancels the contract for the part of the order which is delayed, the buyer is also entitled to claim damages, however only to the effect that in all circumstances the seller’s liability is limited in regard to amount to the effect that damages can never exceed the price according to invoice for the part of the order which is delayed. No other remedies for breach are available to the buyer. The seller assumes no liability for consequential damage or loss, including but not limited to costs pertaining to scaffolding, disassembly, installment and waiting time. The seller assumes no liability for business interruption, loss of profits, loss of time, loss of goodwill or any other indirect and/or non-financial losses.
