Performance Delay. Time is of the essence in the Lessor’s performance of this Agreement. If at any time it appears to Lessor that it may not meet any of the performance schedules or the scheduled completion date of the services to be performed for any reason, including labor disputes, Lessor shall immediately by verbal means (to be confirmed in writing) notify Lessee of the reasons for and the estimated duration of such delay. If requested by Xxxxxx, Lessor shall make every effort to avoid or minimize the delay to the maximum extent possible including the expenditure of premium time. Any additional cost caused by these requirement of Lessee shall be borne by Lessor, unless the delay in performance arises out of causes beyond the control and without the fault or negligence of Lessor or its subcontractors within the meaning of the Cancellation-Default clause herein. The foregoing requirements are in addition to any of Xxxxxx’s other rights and remedies as may be provided by law or this Agreement.
Appears in 5 contracts
Samples: Purchase Order Terms and Conditions Agreement for Lease of Computer Equipment, Purchase Order Terms and Conditions Agreement for Lease of Computer Equipment, Purchase Order Terms and Conditions Agreement for Lease of Computer Equipment
Performance Delay. Time is of the essence in the Lessor’s performance of this Agreement. If at any time it appears to Lessor that it may not meet any of the performance schedules or the scheduled completion date of the services to be performed for any reason, including labor disputes, Lessor shall immediately by verbal means (to be confirmed in writing) notify Lessee of the reasons for and the estimated duration of such delay. If requested by Xxxxxx, Lessor shall make every effort to avoid or minimize the delay to the maximum extent possible including the expenditure of premium time. Any additional cost caused by these this requirement of Lessee shall be borne by Lessor, unless the delay in performance arises out of causes beyond the control and without the fault or negligence of Lessor or its subcontractors within the meaning of the Cancellation-Default clause herein. The foregoing requirements are in addition to any of Xxxxxx’s other rights and remedies as may be provided by law or this Agreement.
Appears in 2 contracts
Samples: Purchase Order Terms and Conditions Agreement for Lease of Computer Equipment, Purchase Order Terms and Conditions Agreement for Lease of Computer Equipment
Performance Delay. Time is of the essence in the Lessor’s performance of this Agreement. If at any time it appears to Lessor that it may not meet any of the performance schedules or the scheduled completion date of the services to be performed for any reason, including labor disputes, Lessor shall immediately by verbal means (to be confirmed in writing) notify Lessee of the reasons for and the estimated duration of such delay. If requested by XxxxxxLessee, Lessor shall make every effort to avoid or minimize the delay to the maximum extent possible including the expenditure of premium time. Any additional cost caused by these this requirement of Lessee shall be borne by Lessor, unless the delay in performance arises out of causes beyond the control and without the fault or negligence of Lessor or its subcontractors within the meaning of the Cancellation-Default clause herein. The foregoing requirements are in addition to any of XxxxxxLessee’s other rights and remedies as may be provided by law or this Agreement.
Appears in 1 contract
Samples: Purchase Order Terms and Conditions Agreement for Lease of Computer Equipment
Performance Delay. Time is of the essence in the Lessor’s performance of this Agreement. If at any time it appears to Lessor that it may not meet any of the performance schedules or the scheduled completion date of the services to be performed for any reason, including labor disputes, Lessor shall immediately by verbal means (to be confirmed in writing) notify Lessee of the reasons for and the estimated duration of such delay. If requested by Xxxxxx, Lessor shall make every effort to avoid or minimize the delay to the maximum extent possible including the expenditure of premium time. Any additional cost caused by these requirement of Lessee shall be borne by Lessor, unless the delay in performance arises out of causes beyond the control and without the fault or negligence of Lessor or its subcontractors within the meaning of the Cancellation-Cancellation- Default clause herein. The foregoing requirements are in addition to any of Xxxxxx’s other rights and remedies as may be provided by law or this Agreement.
Appears in 1 contract
Samples: Purchase Order Agreement