Common use of Non-Excusable Delays Clause in Contracts

Non-Excusable Delays. If the Orbital ATK Group fails to timely deliver all or any portion of an order in any circumstance other than would constitute an Excusable Delay (such delay, a “Non-Excusable Delay”), then the Orbital ATK Group shall pay reasonable costs associated with expedited delivery of such Ammunition Products once they become available. In addition, if the Orbital ATK Group’s delivery is, or would reasonably be expected to be, delayed by more than 30 days, then the Vista Outdoor Group may send a notice of default to LLC, demanding that the Orbital ATK Group either cure or provide a plan to cure. If the Orbital ATK Group neither cures nor provides a plan to cure that is reasonably acceptable to the Vista Outdoor Group within 45 days of the original Ammunition Product delivery date, then the Vista Outdoor Group may, upon written notice to the Orbital ATK Group, “cover” and procure such unfulfilled order for Ammunition Products from alternative suppliers (or manufacture such Ammunition Products itself) (and the applicable Binding FY Order or Additional Order shall automatically be deemed modified to remove any Ammunition Products that the Vista Outdoor Group has notified that it will cover, effective upon receipt by the Orbital ATK Group of the applicable notification), and the Orbital ATK Group shall reimburse the Vista Outdoor Group for the reasonable difference between the price of such Ammunition Products under this Agreement and the “cover” price, which may include reasonable expedited shipping and freight costs.

Appears in 2 contracts

Samples: Ammunition Products Supply Agreement (Vista Outdoor Inc.), Ammunition Products Supply Agreement (Vista Outdoor Inc.)

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Non-Excusable Delays. If the Orbital ATK Group fails to timely deliver all or any portion of an order in any circumstance other than would constitute an Excusable Delay (such delay, a “Non-Excusable Delay”), then the Orbital ATK Group shall pay reasonable costs associated with expedited delivery of such Ammunition Powder Products once they become available. In addition, if the Orbital ATK Group’s delivery is, or would reasonably be expected to be, delayed by more than 30 days, then the Vista Outdoor Group may send a notice of default to LLC, demanding that the Orbital ATK Group either cure or provide a plan to cure. If the Orbital ATK Group neither cures nor provides a plan to cure that is reasonably acceptable to the Vista Outdoor Group within 45 days of the original Ammunition Powder Product delivery date, then the Vista Outdoor Group may, upon written notice to the Orbital ATK Group, “cover” and procure such unfulfilled order for Ammunition Powder Products from alternative suppliers (or manufacture such Ammunition Powder Products itself) (and the applicable Binding FY Order or Additional Order shall automatically be deemed modified to remove any Ammunition Powder Products that the Vista Outdoor Group has notified that it will cover, effective upon receipt by the Orbital ATK Group of the applicable notification), and the Orbital ATK Group shall reimburse the Vista Outdoor Group for the reasonable difference between the price of such Ammunition Powder Products under this Agreement and the “cover” price, which may include reasonable expedited shipping and freight costs.

Appears in 2 contracts

Samples: Powder Products Supply Agreement (Vista Outdoor Inc.), Powder Products Supply Agreement (Vista Outdoor Inc.)

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