Minimum Delivery Rate Clause Samples

Minimum Delivery Rate. Supplier shall use commercially reasonable efforts to ensure that the following percentages (the “Minimum Delivery Rate”) of truck deliveries shall be made within an hour of the Delivery Times (as defined in Section 2(c) above): (i) during the Pilot Period, [***]; (ii) beginning on the Transition Beginning Date and continuing through the Transition Completion Date, [***]; and (iii) beginning on the day following the Transition Completion Date and continuing throughout the remainder of the Term, [***]. A “Delivery Rate Breach” shall be deemed to occur in the event Supplier fails to maintain the Minimum Delivery Rate on average across any [***] consecutive non-overlapping day period, to the extent such failure is not the result of failure by TFM to provide adequate delivery dock availability. Any failure to meet the Minimum Delivery Rate caused by a force majeure event or routes included in national weather emergency days shall be excluded in calculating the Minimum Delivery Rate. Following receipt of an email notice in the form and manner set forth in Exhibit I (“Delivery Rate Email Notice”), provided TFM sends such notice within [***] days following Supplier’s notification to TFM that there has been an occurrence of a Delivery Rate Breach, TFM will be entitled, as its exclusive remedies (except as otherwise set forth in Section 7(c) and 7(d) of this Agreement) for any such Delivery Rate Breach, as follows:
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Related to Minimum Delivery Rate

  • Commercial Price List Reductions Where NYS Net Prices are based on a discount from Contractor’s list prices, price decreases shall take effect automatically during the Contract term and apply to Purchase Orders submitted on or after the date Contractor lowers its pricing to its customers generally or to similarly situated government customers during the Contract term; or

  • DELIVERY: FOB DESTINATION, INSIDE DELIVERY, FREIGHT PAID Whenever possible, contractors should give the ordering entities 3 working days prior notice of any deliveries and/or installations. Furniture contractors will not be responsible for the removal/moving of existing furnishings unless requested by the ordering entity. Contractors should verify site readiness prior to delivery. All deliveries will be made during normal working hours unless otherwise arranged with the ordering entity. Contractor will communicate any scheduling delays and/or changes immediately. Agencies will not be responsible for any freight damage, concealed or otherwise.

  • Minimum Denominations The Original Notes shall be issued and maintained in minimum denominations of $250,000 and additional increments of $1.

  • Minimum Adjustment The adjustments required by the preceding sections of this Article IV shall be made whenever and as often as any specified event requiring an adjustment shall occur, except that no adjustment of the Exercise Price or the number of shares of Common Stock issuable upon exercise of the Warrants that would otherwise be required shall be made unless and until such adjustment either by itself or with other adjustments not previously made increases or decreases by at least 1% the Exercise Price or the number of shares of Common Stock issuable upon exercise of the Warrants immediately prior to the making of such adjustment. Any adjustment representing a change of less than such minimum amount shall be carried forward and made as soon as such adjustment, together with other adjustments required by this Article IV and not previously made, would result in a minimum adjustment. For the purpose of any adjustment, any specified event shall be deemed to have occurred at the close of business on the date of its occurrence. In computing adjustments under this Article IV, fractional interests in Common Stock shall be taken into account to the nearest one-hundredth of a share.

  • Minimum Shipping Requirements for TIPS Sales Vendor shall ship, deliver, or provide ordered goods and services within a commercially reasonable time after acceptance of the order. If a delay in delivery is anticipated, Vendor shall notify the TIPS Member as to why delivery is delayed and provide an updated estimated time for completion. The TIPS Member may cancel the order if the delay is not commercially acceptable or not consistent with the Supplemental Agreement applicable to the order.