Common use of Notice of Delay Clause in Contracts

Notice of Delay. As soon as possible after and in any event within seven (7) days after the date of the commencement of any cause of delay, on account of which the SELLER claims that it is entitled under this Contract to a postponement of the Delivery Date excluding days due to arbitration, the SELLER shall notify the BUYER in writing or by telex or facsimile confirmed in writing of the date when such cause of delay commenced and the reasons thereof, and the estimated duration of the probable delay in delivery of the VESSEL, and shall provide the BUYER, if available, evidence to justify the delay claimed. Likewise, within seven (7) days after the date of ending of such cause of delay, the SELLER shall notify the BUYER in writing or by telex or facsimile confirmed in writing of the date when such cause of delay ended. In any event the SELLER shall also notify the BUYER of the period of time by which the SELLER claims the Delivery Date should be postponed by reason of such cause of delay within the same seven (7) day period as aforesaid. Failure of the SELLER to notify the BUYER of its claim for postponement of the Delivery Date within a period of seven (7) days from the date of cessation of the event causing the delay shall be deemed a waiver of its claim. Failure of the BUYER to object to the SELLER’s claim for postponement of the Delivery Date within Fourteen (14) days after receipt by the BUYER of such notice of claim shall be deemed to be a waiver by the BUYER of its right to object to such postponement of the Delivery Date. The burden of proof shall always be on the SELLER to establish the facts entitling it to rely on this Clause and that due notices were given and that it has taken all reasonable steps to avoid or mitigate the delay.

Notice of Delay. As soon as possible after and in any event within Within seven (7) days after from the date of the commencement of any cause of delay, the above-mentioned causes of delay on account of which the SELLER claims that it is entitled under this Contract to a postponement an extension of the Delivery Date excluding days due to arbitration, the SELLER shall notify the BUYER in writing or by telex or facsimile confirmed in writing of the date when such cause of delay commenced and the reasons thereof, and the estimated duration of the probable delay in time for delivery of the VESSEL, the SELLER shall advise the BUYER by letter, telefax or telex, of the date on which such delay commenced and shall provide describing in all its details the BUYER, if available, evidence to justify nature of the event which caused the delays. In the event of the delay claimedcontinuing for more than fourteen (14) days, further notice, by letter, telex or telefax shall be given to the BUYER every seven (7) days thereafter setting out the same particulars, as aforesaid, until the causes of the delay have ended. Likewise, Likewise within seven (7) days after the date of ending of such cause of delaydelay ends, the SELLER shall notify advise the BUYER in writing by letter, telefax or by telex or facsimile confirmed in writing telex, of the date when such cause of delay ended. In any event , and also shall specify the SELLER shall also notify the BUYER maximum period- of the period of time by which in the SELLER claims SELL ER’s Opinion the Delivery Date date for delivery of the VESSEL should be postponed extended by reason of such cause of delay within the same seven (7) day period as aforesaid. Failure of the SELLER to notify the BUYER of its claim for postponement of the Delivery Date within a period of seven (7) days from the date of cessation of the event causing the delay shall be deemed a waiver of its claimdelay. Failure of the BUYER to object to the SELLERSELLS R’s notification of any claim for postponement extension of the Delivery Date within Fourteen thirty (1430) days after receipt by the BUYER of such notice of claim notification, shall be deemed to be a waiver by the BUYER of its right to object to such extension. The SELLER shall also immediately take steps to mitigate the effects of the delay and to accurately determine the period by which the Delivery Date is going to be postponed by reason of the aforementioned events and shall immediately notify the BUYER in writing accordingly. If the SELLER does not give the aforementioned advice forthwith the SELLER shall lose the right to claim such delay as permissible delay and any right of postponement of the Delivery Date. The burden of proof shall always be on the SELLER to establish the facts entitling it to rely on this Clause and that due notices were given and that it has taken all reasonable steps to avoid or mitigate the delaydelivery date.

Notice of Delay. As soon as possible after and in any event within Within seven (7) days after from the date of the commencement of any cause of delay, the above-mentioned causes of delay on account of which the SELLER claims that it is entitled under this Contract to a postponement an extension of the Delivery Date excluding days due to arbitration, the SELLER shall notify the BUYER in writing or by telex or facsimile confirmed in writing of the date when such cause of delay commenced and the reasons thereof, and the estimated duration of the probable delay in time for delivery of the VESSEL, the SELLER shall advise the BUYER by letter, telefax or telex, of the date on which such delay commenced and shall provide describing in all its details the BUYER, if available, evidence to justify nature of the event which caused the delays. In the event of the delay claimedcontinuing for more than fourteen (14) days, further notice, by letter, telex or telefax shall be given to the BUYER every seven (7) days thereafter setting out the same particulars, as aforesaid, until the causes of the delay have ended. Likewise, Likewise within seven (7) days after the date of ending of such cause of delaydelay ends, the SELLER shall notify advise the BUYER in writing by letter, telefax or by telex or facsimile confirmed in writing telex, of the date when such cause of delay ended. In any event , and also shall specify the SELLER shall also notify the BUYER maximum period of the period of time by which in the SELLER claims SELLER’s opinion the Delivery Date date for delivery of the VESSEL should be postponed extended by reason of such cause of delay within the same seven (7) day period as aforesaid. Failure of the SELLER to notify the BUYER of its claim for postponement of the Delivery Date within a period of seven (7) days from the date of cessation of the event causing the delay shall be deemed a waiver of its claimdelay. Failure of the BUYER to object to the SELLER’s notification of any claim for postponement extension of the Delivery Date within Fourteen thirty (1430) days after receipt by the BUYER of such notice of claim notification, shall be deemed to be a waiver by the BUYER of its right to object to such extension. The SELLER shall also immediately take steps to mitigate the effects of the delay and to accurately determine the period by which the Delivery Date is going to be postponed by reason of the aforementioned events and shall immediately notify the BUYER in writing accordingly. If the SELLER does not give the aforementioned advice forthwith the SELLER shall lose the right to claim such delay as permissible delay and any right of postponement of the Delivery Date. The burden of proof shall always be on the SELLER to establish the facts entitling it to rely on this Clause and that due notices were given and that it has taken all reasonable steps to avoid or mitigate the delaydelivery date.

Notice of Delay. As soon as practically possible after and in any event but latest within seven (7) days after the date on which the Seller first learns of the commencement occurrence of any cause cause(s) of delay, on account of which the SELLER Seller claims that it is entitled under this Contract to a postponement of the Delivery Date excluding days due to arbitrationDate, the SELLER Seller shall notify the BUYER Buyer, in writing or by telex email or facsimile confirmed in writing of the date when such cause cause(s) of delay commenced and the reasons thereof, and the estimated duration of the probable delay in delivery of the VESSEL, and shall provide the BUYER, if available, evidence to justify the delay claimedoccurred. Likewise, within seven (7) days after the date on which the Seller first learns of ending of such cause cause(s) of delay, the SELLER Seller shall notify the BUYER Buyer, in writing or by telex email or facsimile confirmed in writing of the date when such cause cause(s) of delay ended. In any event the SELLER The Seller shall also notify the BUYER Buyer of the period of time by period, for which the SELLER claims the Delivery Date should be postponed is extended by reason of such cause cause(s) of delay within the same seven (7) day period as aforesaiddelay, with all reasonable dispatch after it has been determined. Failure of the SELLER to notify the BUYER of its claim for postponement of the Delivery Date within a period of seven (7) days from the date of cessation of the event causing the delay shall be deemed a waiver of its claim. Failure of the BUYER Buyer to object to the SELLERSeller’s claim for postponement of the Delivery Date within Fourteen ten (1410) days after receipt by the BUYER Buyer of such notice of claim shall be deemed to be a waiver by the BUYER Buyer of its right to object to such postponement of the Delivery Date. The burden Failure of proof the BUILDER within seven (7) days from the date of the commencement of any delay to send to the BUYER a notice as aforesaid, or failure of the BUILDER with seven (7) days from the date of ending of any delay to send to the BUYER a notice as aforesaid, shall always be on deemed to be a waiver by the SELLER BUILDER of its right to establish claim a postponement of the facts entitling it to rely on this Clause and that due notices were given and that it has taken all reasonable steps to avoid or mitigate the delayDelivery Date.

Notice of Delay. As soon as possible after and in any event within seven (7) days after the date of the commencement of any cause of delay, on account of which the SELLER BUILDER claims that it is entitled under this Contract to a postponement of the Delivery Date excluding days due to arbitration, the SELLER BUILDER shall notify the BUYER in writing or by telex or facsimile confirmed in writing of the date when such cause of delay commenced and the reasons thereof, and the estimated duration of the probable delay in delivery of the VESSEL, and shall provide the BUYER, if available, evidence to justify the delay claimed. Likewise, within seven (7) days after the date of ending of such cause of delay, the SELLER BUILDER shall notify the BUYER in writing or by telex or facsimile confirmed in writing of the date when such cause of delay ended. In any event the SELLER BUILDER shall also notify the BUYER of the period of time by which the SELLER BUILDER claims the Delivery Date should be postponed by reason of such cause of delay within the same seven (7) day days period as aforesaid. Failure of the SELLER BUILDER to notify the BUYER of its claim for postponement of the Delivery Date within a period of seven (7) days from the date of cessation of the event causing the delay shall be deemed a waiver of its claim. Failure of the BUYER to object to the SELLERBUILDER’s claim for postponement of the Delivery Date within Fourteen (14) days after receipt by the BUYER of such notice of claim shall be deemed to be a waiver by the BUYER of its right to object to such postponement of the Delivery Date. The burden of proof shall always be on the SELLER BUILDER to establish the facts entitling it to rely on this Clause clause and that due notices were given and that it has taken all reasonable steps to avoid or mitigate the delay.

Notice of Delay. As soon as possible after and Promptly, but in any event within seven five (75) days after the date when the case of Force Majeure is affecting the SELLER’s program for construction, sailing, completion and delivery of the commencement of any cause of delayVESSEL, on account of which the SELLER claims that it is entitled under this Contract to a postponement of the Delivery Date excluding days due to arbitrationDate, the SELLER shall notify the BUYER in writing or by telex or facsimile confirmed in writing writing, of the date when on which such cause of delay commenced and occurred, the reasons thereofnature of same, its expected duration, and SELLER’s valuation of its consequences on the estimated duration delivery date and steps that SELLER intends to take to overcome such cause of the probable delay in delivery of the VESSEL, and shall provide the BUYER, if available, evidence to justify the delay claimeddelay. Likewise, within seven five (75) days after the date of ending of such cause of delay, the SELLER shall notify the BUYER in writing or either by telex or facsimile fax, confirmed in writing writing, of the date when on which such cause of delay ended. In any event the The SELLER shall also as soon as possible notify the BUYER of the period of time by which the SELLER claims the Delivery Date should be is postponed by reason of such cause of delay within the same seven (7) day period as aforesaidwith all reasonable despatch after it has been determined. Failure of If the SELLER shall fail to notify the BUYER of the commencement and/or ending of any such cause of delay within each period five (5) days as aforesaid, its rights to claim for postponement of the Delivery Date within a permissible delay for the period of seven (7) days from the date of cessation of the event causing the such delay shall be deemed a waiver of its claimautomatically disallowed. Failure of the BUYER to object to the SELLER’s ’S claim for postponement of the Delivery Date within Fourteen five (145) days after receipt by the BUYER of such notice of claim shall be deemed to be a waiver by the BUYER of its right to object to such postponement of the Delivery Date. The burden of proof shall always be on the SELLER to establish the facts entitling it to rely on this Clause and that due notices were given and that it has taken all reasonable steps to avoid or mitigate the delay.