PENALTY FOR LATE DELIVERY. Except in case of force majeure, CERN reserves the right to apply a penalty of 1% of the total contract price as defined in Article 2 herein, for each complete week of delay of the delivery date for the supply concerned. The penalty shall be limited to a maximum of 5% of the total contract price. Without prejudice to any other rights it may have under the contract or otherwise, CERN shall be entitled to terminate the contract forthwith in case this maximum amount is reached. Penalties are without prejudice to CERN's right to claim damages should the non conformities result in loss or damage exceeding the amount of applicable penalties.
PENALTY FOR LATE DELIVERY. 5.1 If Buyer and Seller have not completed manufacturing acceptance testing of the Motion-Based First Article Laser Projection System on or before December 31, 2007, Parent shall be entitled, out of the Escrow Fund, to (i) Forty-One Thousand Six Hundred Sixty-Seven Dollars ($41,667) on each of the first four (4) monthly anniversary dates following December 31, 2007, (ii) Eighty-Three Thousand Three Hundred Thirty-Three Dollars ($83,333) on each of the first four (4) monthly anniversary dates following April 30, 2008, and (iii) One Hundred Twenty-Five Thousand Dollars ($125,000) on each of the first four (4) monthly anniversary dates following August 31, 2008, in each such case if Buyer and Seller have not completed manufacturing acceptance testing of the Motion-Based First Article Laser Projection System on or before such monthly anniversary date, except to the extent that such failure arises from any cause or causes beyond the control of Seller, including acts of critical suppliers beyond the control of Seller, acts of God, fire, storm, flood, earthquake, governmental regulation or direction, acts of the public enemy, war, terrorism, rebellion, insurrection, riot, invasion, strike or lockout, in each case not resulting from the negligence of Seller (each a “Force Majeure Event”), in which event the payment date with respect to each such payment shall be postponed by a number of days equal to the duration of such Force Majeure Event; provided, that, if Buyer and Seller have not completed manufacturing acceptance testing of the Motion-Based First Article Laser Projection System on or before December 31, 2008, Parent shall be entitled, out of the Escrow Fund, to an additional One Million Dollars ($1,000,000) on December 31, 2008, except to the extent that such failure is caused by a Force Majeure Event, in which event the payment date with respect to such payment shall be postponed by a number of days equal to the duration of such Force Majeure Event.
PENALTY FOR LATE DELIVERY. For each day after [**] until the Completion Date or the date this Agreement is terminated, BecoCom will pay to FiveCom an amount equal to the sum of (a) [**] between the FiveCom - BecoCom Demarcation Point "A", the [**], and the FiveCom - BecoCom Demarcation Point "B" that does not meet the Specifications, plus (b) [**] and the NEESCom - BecoCom Demarcation Point, that does not meet the Specifications. As an illustration, if none of the FiveCom Fibers described above meet the Specifications, BecoCom will pay FiveCom [**] per day. Notwithstanding the foregoing, BecoCom shall not be obligated to make the payment provided in the preceding sentence to the extent that FiveCom fails, at any time when such payment would otherwise be due, to have completed installation of, and have available for use or use by others, an equivalent amount of the non-optronic portion of the FiveCom Portion as discussed in Section 4.5 above, or otherwise fails to use its best commercial efforts to install the optronic portion of the FiveCom Portion, as described in Section 2. If the delay in providing at least the number of fibers required for Completion Date to occur continues until [**], then either party in its sole discretion shall have the right to terminate this Agreement, provided Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. that any such termination shall not affect whatever rights either party had obtained under this Agreement prior to such termination.
PENALTY FOR LATE DELIVERY. 7 5.3 Testing................................................................................7 5.4 Review of the Test Results.............................................................8 5.5
PENALTY FOR LATE DELIVERY. In the event Landlord is late in delivering the Base Building (as defined in Paragraph 2 above) in substantially completed condition by April 1, 1997, the Rental Commencement Date shall be extended in accordance with Rider Paragraph 3 and Landlord will credit against the Base Rent payments first due under this Lease an amount equal to $5,000.00 for each day Landlord is late. The amount of the daily penalty will increase by $5,000.00 per day if the delay continues for as much as two weeks and will increase by an additional $5,000.00 per day for each period of two weeks thereafter until Landlord has delivered the Building "substantially completed". Furthermore, for purposes of this paragraph, Landlord shall have a period of forty-five (45) days after approval by Tenant in writing of the plans and costs of Tenant's office improvements to cause said office improvements to be substantially completed. In the event Landlord is late in delivering said office improvements within said 45-day period, Landlord shall credit against the Base Rent payments first due hereunder a further $5,000.00 per day penalty (which shall increase as provided above) as provided above for late delivery of the Base Building, until said office improvements are substantially completed. Landlord will not be obligated for such penalty in the event that Landlord is prevented from delivering the Base Building on or before April 1, 1997 (the "Delivery Date") or Tenant's office improvements within said 45-day period by events beyond Landlord's reasonable control as provided in Section 13.12
PENALTY FOR LATE DELIVERY. 8.1 Should Seller fail to make delivery on time as stipulated in this Contract, with exception of Force Majeure causes specified in the above clause, Buyer shall agree to postpone the delivery on the condition that Seller agrees to pay a Penalty. The Penalty shall be the exclusive remedy to Buyer due to Seller’s delivery delay.
PENALTY FOR LATE DELIVERY. For each day after March 31, 1999 until the Completion Date or the date this Agreement is terminated, XXXX Com will pay to FiveCom an amount equal to [**] that does not meet the Specifications. Notwithstanding the foregoing, XXXX Com shall not be obligated to make the payment provided in the preceding sentence to the extent FiveCom fails, at any time when such payment would otherwise be due, to Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. have completed installation of, and have available for use or use by others, an equivalent amount of the non-optronic portion of the FiveCom Portion as discussed in Section 4.5 above, or otherwise fails to use its best commercial efforts to install the optronic portion of the FiveCom Portion as described in Section 2. If the delay in providing at least [**] fibers continues until [**], then either Party in its sole discretion shall have the right to terminate this Agreement, provided that any such termination shall not affect whatever rights either party had obtained under this Agreement prior to such termination.
PENALTY FOR LATE DELIVERY. Penalties as provided for under Clause 28 of the General Conditions shall apply should the Contractor fail to achieve a successful delivery of the equipment mentioned below: DELIVERABLE DATE PENALISED VALUE Successful DRB of QM 01.09.2013 30% Successful DRB of FM1 01.05.2014 40% Successful DRB of FM2 01.11.2014 30% Penalties shall be calculated in accordance with the scale laid down in paragraph 1.2 of Annex II to the General Conditions. By derogation to the period foreseen under paragraph 1.2 of Annex II to the General Conditions in fine, the Agency/ASG agrees to defer the application of penalties for a period of 1 (one) month. Nevertheless, if the delay exceeds that period, the penalty will be applied in its entirety. For the purpose of Clause 28.3 of the General Conditions, it is agreed that penalties shall apply even though the Contractor meets the required delivery date, if ASG rejects the subject of the delivery. In such a case, penalties shall apply with effect from the date of rejection or from the date of delivery, whichever is the later. No further penalty on the delivery of any other item shall be applied. The total amount of any penalty applied by the Contractor to its Sub-contractors shall accrue, in the first instance, directly to the Agency.
PENALTY FOR LATE DELIVERY. Seller shall pay a penalty for failing to deliver the Product(s) on schedule in accordance with this Agreement’s Article 3. Specifically, beginning on the sixteenth day after the date stated in Article 3, Seller shall pay a penalty equal to 0.5% of the total value of the Product(s) as set forth in Article 4 for each seven (7) day period, or fraction thereof, the delivery of the Products is delayed. The penalty shall not in any case exceed an amount equal to 2.5% of the value of this Agreement in the aggregate.
PENALTY FOR LATE DELIVERY. Except for the case of Force Majeure or if the Parties agree otherwise on the delivery time, if the delivery of the Products is not within the time limit specified in the Purchase Orders and is entirely due to VinES’ fault, VinFast has the right to impose on VinES a fine equivalent to [***]% of the total value of late delivered Products for each week of late delivery. The maximum penalty amount shall not be more than [***]% of the total value of the late delivered Products.
