Nonperformance by Buyer Sample Clauses

The "Nonperformance by Buyer" clause defines the consequences and procedures that apply if the buyer fails to fulfill their contractual obligations. Typically, this clause outlines what constitutes nonperformance, such as failure to make payments or accept delivery, and may specify remedies available to the seller, like the right to terminate the contract, claim damages, or retain deposits. Its core practical function is to protect the seller by providing clear recourse in the event the buyer does not meet their commitments, thereby allocating risk and ensuring accountability in the transaction.
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Nonperformance by Buyer. If Buyer's nonperformance of obligations in this Exhibit or in the BFE Document causes a delay in the delivery of the Aircraft or causes Boeing to perform out-of-sequence or additional work, Buyer will reimburse Boeing for all resulting expenses and be deemed to have agreed to any such delay in Aircraft delivery. In addition Boeing will have the right to: 5.1 provide and install specified equipment or suitable alternate equipment and increase the price of the Aircraft accordingly; and/or 5.2 deliver the Aircraft to Buyer without the BFE installed.
Nonperformance by Buyer. If Buyer's nonperformance of obligations in this Exhibit or in the BFE Document causes a delay in the delivery of the Aircraft or causes Seller to perform out-of-sequence or additional work, Seller will as soon as is reasonably practical inform Buyer by written notice of such nonperformance plus any anticipated delays in Aircraft delivery and expenses. Buyer will reimburse Seller for all resulting reasonable expenses and be deemed to have agreed to any such delay in Aircraft delivery. In addition Seller will have the right to: 5.1 work closely with Buyer to mitigate the damages to Buyer resulting from the nonperformance by Buyer; 5.2 provide and install specified equipment or suitable alternate equipment and increase the price of the Aircraft accordingly; and/or 5.3 deliver the Aircraft to Buyer without the BFE installed. 6. Return of Equipment. BFE not installed in the Aircraft will be returned to Buyer in accordance with Buyer's instructions and at Buyer's expense. Such equipment returned to Buyer will be returned in a mutually agreeable time period. 7.

Related to Nonperformance by Buyer

  • Performance by Buyer Buyer shall have performed and complied with all covenants and agreements and satisfied all conditions required by this Agreement to be performed by Buyer on or before the Closing Date.

  • Performance by Purchaser Purchaser shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by Purchaser at or prior to the Closing Date.

  • Performance by Seller Seller shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed or complied with by each of them, on or before the Closing Date.

  • Nonperformance As used in this Contract, “failure to perform” means failure, for whatever reason, to deliver goods and/or perform work as specified and scheduled in this Contract. If Contractor fails to perform under this Contract, then District, after giving seven days’ written notice and opportunity to cure to Contractor, has the right to complete the work itself, to obtain the contracted goods and/or services from other contractors, or a combination thereof, as necessary to complete the work. Both parties agree that Contractor shall bear any reasonable cost difference, as measured against any unpaid balance due Contractor, for these substitute goods or services.

  • Performance by Contractor Where Pur- chaser’s employees, agents, contractors, Subcontractors, or their employees or agents perform Purchaser’s Opera- tions in connection with fire responsibilities, Purchaser’s obligations shall be the same as if performance was by Purchaser.