PERFORMANCE AND DELIVERY. Contractor will perform the Services and deliver all Work Product as specified on the coversheet of this Agreement. Time is of the essence in Contractor’s performance of the Services and delivery of Work Product. The Maximum Amount listed on the coversheet of this Agreement includes all amounts allowed for expenses, including those related to shipping, handling, traveling, bonding, licensing, maintaining insurance, and obtaining permits.
PERFORMANCE AND DELIVERY. 4.1. Unless otherwise agreed in writing between the parties, all times specified in a Quote or Contract for Services for performance of the Services and delivery of the Works are given in good faith but are not guaranteed by MIKROS.
4.2. Notwithstanding that MIKROS and the Client may have agreed that time is of the essence in respect of specified Services or Works, the time for performance of the Services or delivery of the Works shall in every case be dependent upon prompt receipt of all necessary information, materials (including Client Materials), final instructions and/or approvals from the Client. The Client acknowledges and agrees that any changes to its requirements and/or the occurrence of any of the circumstances in clause 3.2 or this clause 4.2 may result in delay in performance or delivery, for which MIKROS shall not be liable.
4.3. Where the Works are to be delivered electronically, the Client acknowledges and agrees that:
4.3.1. electronic delivery is not a completely secure medium of communication and that an unauthorised third party may intercept, tamper with or delete the Works to be delivered electronically; and
4.3.2. electronic delivery may involve reliance upon third party providers and data carriers, over which MIKROS has no control.
4.4. MIKROS shall not be responsible for and shall have no liability to the Client or any third party for:
4.4.1. any delay in delivery or any non-receipt of any Works delivered electronically;
4.4.2. any loss or damage (including loss of data) that results from any person gaining unauthorised access to any Works delivered electronically;
4.4.3. use or disclosure of any data obtained by any third party as a result of that third party gaining unauthorised access to any Works delivered electronically; and
4.4.4. any loss or damage resulting from any malfunction of or the introduction of any viruses, worms, logic bombs, time locks, time bombs, trojan horses and/or bugs to any equipment and/or software used to effect and/or receive any Works delivered electronically.
PERFORMANCE AND DELIVERY. In the absence of a stipulated time for completion of the Services, we shall render the Services in a reasonable time having regard to the nature and scope of the work to be done in completing the Services. Should there be any delays in the completion of the Services, our liability shall be limited to 0,7% of the Contract value per week, subject to a maximum of 10% of the Contract value. Such liquidated damages shall be your sole remedy for delay.
PERFORMANCE AND DELIVERY. The date for Goods and Services shall be that specified in the Purchase Order. Time shall be of the essence and the Supplier shall be responsible for any loss the Customer suffers because of late Goods and Services. Delivery of any Goods and Services may only be made in instalments if specified in the Purchase Order. Goods and Services shall be delivered in normal business hours to the Customer’s places of business as specified in Schedule 2 (Specification) or such other place and/or time for delivery identified by the Customer prior to delivery. The Supplier must separately number all cases, packages or items. The Supplier shall submit an itemised packing list or delivery note on delivery showing the packing numbers and the Customer’s Purchase Order Number. The parties agree that electronic proof of delivery systems shall be used and any electronic records produced by such a system shall have the same effect and satisfy each party’s contractual obligations, as if they were a hard copy delivery note. The property and risk in the Goods shall remain with the Supplier until they are delivered in accordance with the terms of the Agreement and shall transfer to the Customer upon delivery in accordance with its terms. The Supplier shall be responsible for insuring the Goods in transit, during delivery, and unloading. At the Customer’s request, the Supplier shall disclose to the Customer data on the quantities, products, volumes-over-time and pricing and pricing histories of any Goods or Services previously supplied to the Customer. Such data shall be supplied to the Customer in industry-standard, itemised electronic format.
PERFORMANCE AND DELIVERY. 2.1.1 Contractor shall perform the Services and deliver the Deliverables according to this Contract including the Acceptance Criteria and the Statement of Work.
2.1.2 All Software to be supplied by Contractor shall be the most recent commercially available version unless otherwise expressly authorized by County.
2.1.3 Contractor shall deliver the Software to the County F.O.B. to the destination specified in Exhibit A according to the Delivery Schedule set forth in Exhibit A.. During the period that Software is in transit, and until the time that the Software is tendered to enable the County to take delivery of the Software, Contractor and its insurers, if any, relieve the County and the State of Oregon of the responsibility for all risk of loss of, or damage to, the Software. Thereafter, all risk of loss of, or damage to, the Software shall be borne by the County.
2.1.4 Contractor shall have all publisher warranties covering the Software transferred to the County at time of delivery at no additional charge. Contractor shall also furnish to the County the details of the third party publisher warranties.
PERFORMANCE AND DELIVERY. 3.1. The delivery of all Goods and the performance of all Services must be made at the time, place, and in the manner, stated in the Purchase Order.
3.2. HBG may reasonably specify in writing to the Supplier another time, place or manner for delivery, in which case that other time, place or manner applies in place of that stated in the Purchase Order.
3.3. The Supplier must deliver with the Goods, all documents required to transfer ownership of the Goods and the benefit of any warranties in relation to the Goods, to HBG.
3.4. If required by HBG, the Supplier will also install the Goods (at the Supplier's cost) at the delivery place specified in the Purchase Order in accordance with HBG's reasonable directions and in a proper and workmanlike manner.
3.5. Where the delivery of the Goods or the performance of the Services requires the Supplier to enter a site owned, leased or otherwise controlled by HBG, the Supplier agrees to:
a. comply with all reasonable directions of HBG in relation to occupational health and safety, security and any other matter relevant to provision of the Goods and/or Services on the site;
b. comply with any HBG conditions of entry and any workplace, security or occupational health and safety policies notified by HBG to the Supplier; and
c. undertake induction training in relation to the site requirements of HBG.
3.6. The parties agree that time is of the essence in the Contract.
PERFORMANCE AND DELIVERY. Contractor shall perform the Services as set forth in the Statement of Work, according to the Delivery Schedule and the standards and methodologies set forth in the Statement of Work. If this Contract requires Agency to provide any resources, and Agency fails to provide the requisite quality or quantity of such resources, or fails to provide such resources in a timely manner but for a period not to exceed 30 days, Contractor's sole remedy shall be an extension of the applicable delivery dates corresponding to the delay caused by Agency's failure. If Agency's failure to provide such resources exceeds [30 thirty] days and Contractor can show to the reasonable satisfaction of Agency, that the Agency's failure has resulted in an unavoidable increase in the cost of the Services required for the Statement of Work then Contractor shall be entitled to recover from Agency the reasonable amount of such increased costs. Contractor's right to delay applicable delivery dates may be exercised only if Contractor provides Agency with reasonable notice of Agency's failure and Contractor uses Commercially Reasonable Efforts to perform notwithstanding Agency's failure to perform.
PERFORMANCE AND DELIVERY. Subcontractor shall commence the qualification effort on or about September 2, 1998 and complete all work and tasks in accordance with the following schedule:
PERFORMANCE AND DELIVERY. The supplies delivered under this agreement shall be transported in clean, closed vehicles. The vehicles shall be maintained in a sanitary condition to prevent contamination of the supplies. The vehicles shall be subject to inspection by the Government at all reasonable times and all places, including the plant of the Contractor. Supplies tendered for acceptance in vehicles, which are not sanitary, may be rejected without further inspection. All orders placed shall be shipped and delivered complete. Partial shipments are not authorized.
PERFORMANCE AND DELIVERY a. All equipment and services requested under this Agreement shall be delivered to the address as specified by each individual purchase order.
b. All deliveries shall be made within the time agreed upon by the contractor and the authorized caller when the purchase order is placed.
c. Delivery of all items under this Agreement shall be shipped F.O.B.
