Non-Supply. In addition to other remedies available pursuant to ---------- this Agreement or in law or equity, in the event Seller is unable or unwilling to supply Products pursuant to the terms of this Agreement for any period longer than thirty (30) days which materially interrupts the continuous supply of Products to Buyer pursuant to the terms of this Agreement, Buyer shall be entitled to exercise its rights under the License Agreement until such time as the continuous supply is reestablished. The exclusivity requirements of Section II.A. shall also be suspended during this period.
Non-Supply. If we cannot comply with this Agreement for any reason beyond our control or we cannot supply you owing to siteworks, repair, maintenance or safety reasons, then we will not be in breach of this Agreement. We do not guarantee and shall not be liable for the delivery of electricity at all times or that electricity will be free of brief variations in voltage or frequency attributable to the operation or failure of each relevant Distributor’s System, any other relevant system or the NGC Transmission System. Where a direction is given to us under section 34(3) or 96 of the Electricity Xxx 0000 (as amended) or under section 2(1)(b) of the Energy Xxx 0000 (emergencies) we are permitted to discontinue or restrict the electricity supply and you shall refrain from using electricity immediately upon being told to do so by us or the Distributor.
Non-Supply. Supplier will use its best efforts to maintain those licenses, permits, authorizations and designations required for Supplier to supply fuel to Retailer pursuant to the terms of this Agreement at locations included in the Pathway Network; provided, however, the parties acknowledge that from time to time Supplier may not be in a position as a result of circumstances beyond the reasonable control of Supplier (including without limitation, local, state or other governmental restrictions, obtaining new or modified licenses or permits needed, imposition of duplicate or additional taxes on the sale of fuel pursuant to the terms of this Agreement other than tax increases uniformly applied to all sales of fuel in general) to supply fuel to Retailer at specific locations (excluding any local or regional shortage reasons) in the manner otherwise described in this Section 12 (a “Non-Supplied Location”). Therefore, the parties agree in any such case that Retailer will procure all fuel which would otherwise be supplied by Supplier at each Non-Supplied Location for so long as Supplier is not in a position to supply fuel to such locations (the “Retailer Supplied Gallons”). For purposes of determining Pathway Supplied Gallons Target, the Total Supplier End of Month Accounting Gallons will be reduced by any Retailer Supplied Gallons for the month in question and such Non-Supplied Location [*] designates portions of this document that have been omitted pursuant to a request for confidential treatment filed separately with the Securities and Exchange Commission. will not otherwise be subject to Supplier’s obligation to supply fuel in accordance with this Section 12. On a monthly basis, Retailer will pay to Supplier a Non-Supply Fee for each gallon of Retailer Supplied Gallons, determined on a location-by-location basis. The “Non-Supply Fee” for a Non-Supplied Location shall equal [*].
Non-Supply. The Owner will endeavour to supply equipment as ordered but will not accept responsibility for non-delivery, delay in delivery or inability to supply equipment when required. Where the Owner is unable to supply a product or service quoted for, an alternative product will be sought or a refund will be provided after consultation with the Hirer.
Non-Supply. If we cannot comply with the Agreement for any reason beyond our control or we cannot supply you owing to siteworks, repair, maintenance or safety reasons, then we will not be in breach of the Agreement. Where the failure was due to the company which owns the pipes connected to your site we will pass on to you any sums which it pays us less a 10% charge to cover our administration costs. Where a direction is given to us under section 2(1)(b) of the Energy Xxx 0000 (emergencies), or for the duration of a pipe-line system emergency, we are entitled to discontinue or restrict the gas supply and you shall refrain from using gas immediately upon being told to do so by us or a transporter. In the event that the supply is curtailed due to a Gas Deficit Emergency under the Uniform Network Code, we will pass on to you any Demand Side Response (“DSR”) Payment that we receive in respect of your site, as soon as reasonably practicable after we have received it.
Non-Supply. If we cannot comply with the Agreement for any reason beyond our control or we cannot supply you owing to siteworks, repair, maintenance or safety reasons, then we will not be in breach of the Agreement. Where the failure was due to the company which owns the pipes connected to your site we will pass on to you any sums which it pays us less a 10% charge to cover our administration costs. Where a direction is given to us under section 2(1)(b) of the Energy Xxx 0000 (emergencies), or for the duration of a pipe-line system emergency, we are entitled to discontinue or restrict the gas supply and you shall refrain from using gas immediately upon being told to do so by us or the Transporter.
Non-Supply. If we cannot comply with the Agreement for any reason beyond our control or we cannot supply you owing to siteworks, repair, maintenance or safety reasons, then we will not be in continued over the page > GENERAL CONDITIONS - CONTINUED breach of the Agreement. Where the failure was due to the company which owns the pipes connected to your site we will pass on to you any sums which it pays us less a 10% charge to cover our administration costs. Where a direction is given to us under section 2(1)(b) of the Energy Act 1976 (emergencies), or for the duration of a pipe-line system emergency, we are entitled to discontinue or restrict the gas supply and you shall refrain from using gas immediately upon being told to do so by us or a transporter. In the event that the supply is curtailed due to a Gas Deficit Emergency under the Uniform Network Code, we will pass on to you any Demand Side Response (“DSR”) Payment that we receive in respect of your site, as soon as reasonably practicable after we have received it.
Non-Supply. In addition to other remedies available pursuant to ---------- this Agreement or in law or equity, including but not limited to termination, during the term of this Agreements in the event Seller is unable or unwilling to supply Products pursuant to purchase orders submitted according to the terms of this Agreement for any period longer than thirty (30) days which materially interrupts the continuous supply of Products to Buyer, Buyer shall be entitled to exercise its rights under the Tinel-Lock License Agreement of even date herewith between the parties ("License Agreement") until such time as the continuous supply is
Non-Supply. In addition to other remedies available pursuant to this Agreement or in law or equity, in the event Memry is unable or unwilling to supply Products pursuant to Memry's standard terms and conditions in effect from time to time (including pricing) to potential customers identified by Sales Agent within the Market in the Territory for any period longer than thirty (30) days, which inability or unwillingness materially interrupts the continuous supply of Products to Memry's customers procured by Sales Agent for Products pursuant to the terms of this Agreement, Sales Agent shall be entitled to exercise its rights under the License Agreement until such time as Memry is again willing and able to supply Products within the Market in the Territory as aforesaid. The exclusivity requirements of Section 2(d) above shall also be suspended during this period. Sales Agent shall, not later than ten (10) days after each such sale of Products in the Market in the Territory by Sales Agent, notify Memry of (i) the sale so consummated (including the amount sold, the price and the customer), and (ii) the source or sources (whether internal or from a third party) of the Products so sold.
