Meeting Delivery Dates. If due to Foundry's failure to make a ---------------------- timely shipment, the specified method of transportation would not permit Foundry to meet the Delivery Date, Foundry will notify HP of the late shipment and the OEM Products affected will be shipped by air *Material has been omitted pursuant to a request for confidential treatment. Such material has been filed separately with the Securities and Exchange Commission. transportation or other expedient means acceptable to HP. Foundry will pay for any resulting increase in the freight cost over that which HP would have been required to pay by the specified method of transportation.

Meeting Delivery Dates. If due to Supplier's failure to make a timely shipment, the specified method of transportation would not permit Supplier to meet the Delivery Date, the OEM Products affected shall be shipped by air transportation or other expedient means acceptable to *********. Supplier shall pay for any resulting increase in the freight cost over that which ********* would have been required to pay by the specified method of transportation.

Meeting Delivery Dates. TDP will make best effort to achieve 100% on-time delivery performance to the designated F.O.B. point. “On-time” delivery is defined as within 2 days early and 2 days late of scheduled delivery date on purchase orders placed by Back 2 Health in accordance to this Agreement. If due to TDP’s failure to make a timely shipment, the specified method of transportation would not permit TDP to meet the Delivery Date, the Products affected will be shipped by air transportation or other expedient means acceptable to Back 2 Health. TDP will pay for any resulting increase in the freight cost over that which Back 2 Health would have been required to pay by the specified method of transportation.

Meeting Delivery Dates. If due to EMS's failure to make a timely shipment, the specified method of transportation would not permit EMS to meet the Delivery Date, the HP Product affected will be shipped by air transportation or other expedient means acceptable to HP. EMS will pay for any resulting increase in the freight cost over that which HP would have been required to pay by the specified method of transportation. EMS's delivery performance shall be measured against the goal of one hundred percent (100%) On-Time Delivery. In the event that EMS fails to make an On-Time Delivery on three or more occasions per quarter, to HP or its authorized subcontractors, EMS shall submit a corrective action plan to HP upon HP's request. HP and EMS shall then meet to determine the corrective action measures which will be implemented by EMS, at EMS's request. HP will adjust reported On-Time Delivery performance data to account for HP's actions that contribute to late deliveries by EMS.

Meeting Delivery Dates. If due to ION Networks, Inc.'s failure to make a timely shipment, the specified method of transportation would not permit ION Networks, Inc. to meet the Delivery Date, the OEM Products affected will be shipped by air transportation or other expedient means acceptable to HP. ION Networks, Inc. will pay for any resulting increase in the freight cost over that which HP would have been required to pay by the specified method of transportation.

Meeting Delivery Dates. If, due to KUKA's failure to make a timely shipment, the specified method of transportation would not permit KUKA to meet the Delivery Date, the Products affected will be shipped by the most expedient means. KUKA will pay for any resulting increase in the freight costs over that which ACCURAY would have been required to pay for the specified method of transportation.

Related to Meeting Delivery Dates

Delivery Dates If the due date of any notice, certificate or report required to be delivered by the Manager hereunder falls on a day that is not a Business Day, the due date for such notice, certificate or report shall be automatically extended to the next succeeding day that is a Business Day.
Delivery Date the date (or period) for delivery of the Goods or Services as specified and agreed in the Contract.
Date of Delivery of Advance Notice An Advance Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day.
Maximum Share Delivery (i) Notwithstanding any other provision of this Confirmation, the Agreement or the Equity Definitions, in no event will Company at any time be required to deliver a number of Shares greater than two times the Number of Shares (the “Maximum Number of Shares”) to Dealer in connection with the Transaction. (ii) In the event Company shall not have delivered to Dealer the full number of Shares or Restricted Shares otherwise deliverable by Company to Dealer pursuant to the terms of the Transaction because Company has insufficient authorized but unissued Shares (such deficit, the “Deficit Shares”), Company shall be continually obligated to deliver, from time to time, Shares or Restricted Shares, as the case may be, to Dealer until the full number of Deficit Shares have been delivered pursuant to this Section 9(p)(ii), when, and to the extent that, (A) Shares are repurchased, acquired or otherwise received by Company or any of its subsidiaries after the Trade Date (whether or not in exchange for cash, fair value or any other consideration), (B) authorized and unissued Shares previously reserved for issuance in respect of other transactions become no longer so reserved or (C) Company additionally authorizes any unissued Shares that are not reserved for other transactions; provided that in no event shall Company deliver any Shares or Restricted Shares to Dealer pursuant to this Section 9(p)(ii) to the extent that such delivery would cause the aggregate number of Shares and Restricted Shares delivered to Dealer to exceed the Maximum Number of Shares. Company shall immediately notify Dealer of the occurrence of any of the foregoing events (including the number of Shares subject to clause (A), (B) or (C) and the corresponding number of Shares or Restricted Shares, as the case may be, to be delivered) and promptly deliver such Shares or Restricted Shares, as the case may be, thereafter. (iii) Notwithstanding anything to the contrary in the Agreement, this Confirmation or the Equity Definitions, the Maximum Number of Shares shall not be adjusted on account of any event that (x) constitutes a Potential Adjustment Event solely on account of Section 11.2(e)(vii) of the Equity Definitions and (y) is not an event within Company’s control.
DATE OF DELIVERY OF PUT NOTICE A Put Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by Investor if such notice is received on or prior to 12:00 noon New York time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon New York time on a Trading Day or at anytime on a day which is not a Trading Day.
Share Termination Delivery Unit One Share or, if the Shares have changed into cash or any other property or the right to receive cash or any other property as the result of a Nationalization, Insolvency or Merger Event (any such cash or other property, the “Exchange Property”), a unit consisting of the type and amount of such Exchange Property received by a holder of one Share (without consideration of any requirement to pay cash or other consideration in lieu of fractional amounts of any securities) in such Nationalization, Insolvency or Merger Event, as determined by the Calculation Agent. Failure to Deliver: Applicable
PRODUCT DELIVERY Delivery must be made as ordered to the address specified on the Purchase Order and in accordance with the terms of the Contract or Contract Award Notice. Unless otherwise specified in the Bid Documents, delivery shall be made within thirty calendar days after receipt of a Purchase Order by the Contractor. The decision of the Commissioner as to compliance with delivery terms shall be final. The burden of proof for delay in receipt of Purchase Order shall rest with the Contractor. In all instances of a potential or actual delay in delivery, the Contractor shall immediately notify the Commissioner and the Authorized User, and confirm in writing the explanation of the delay, and take appropriate action to avoid any subsequent late deliveries. Any extension of time for delivery must be requested in writing by the Contractor and approved in writing by the Authorized User. Failure to meet such delivery time schedule may be grounds for cancellation of the order or, in the Commissioner’s discretion, the Contract.
Delivery Schedule The Goods specified in the List of Goods are required to be delivered within the acceptable time range (after the earliest and before the final date, both dates inclusive) specified in Section V, Schedule of Requirements. No credit will be given to deliveries before the earliest date, and Tenders offering delivery after the final date shall be treated as non-responsive. Within this acceptable period, an adjustment of [insert the adjustment factor], will be added, for evaluation purposes only, to the Tender price of Tenders offering deliveries later than the “Earliest Delivery Date” specified in Section V, Schedule of Requirements.
The Firm Shares Upon the terms herein set forth, the Company agrees to issue and sell to the several Underwriters an aggregate of 4,800,000 Firm Shares. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Underwriters agree, severally and not jointly, to purchase from the Company the respective number of Firm Shares set forth opposite their names on Schedule A. The purchase price per Firm Share to be paid by the several Underwriters to the Company shall be $5.875 per share.
Certificate of Completion The Interconnection Customer shall provide the EDC with a completed copy of the Interconnection Agreement Certificate of Completion, including evidence of the electrical inspection performed by the local authority having jurisdiction. The evidence of completion of the electrical inspection may be provided on inspection forms used by local inspecting authorities. The Interconnection request shall not be finally approved until the EDC’s representative signs the Interconnection Agreement Certificate of Completion.

Meeting Delivery Dates Sample Clauses

Filter & Search

Related Clauses

Parent Clauses

Related to Meeting Delivery Dates