Remedies for Delay Sample Clauses

Remedies for Delay. If Supplier fails to meet a Contract Milestone, then subject to clause 26.3 (Extensions of time), but without prejudice to any other right or remedy of Spark: (a) subject to the other provisions of the Agreement, Spark will be entitled to claim liquidated damages from Supplier for the period from the Due Date of the relevant Contract Milestone up to but excluding the date on which the Contract Milestone is met, at the applicable rate(s) set out in the relevant Letter Agreement or PO; (b) if Supplier fails to meet the Contract Milestone by the end of the Milestone Remedy Period, then at any time thereafter, unless and until Supplier has met that Contract Milestone, Spark may terminate the Agreement with immediate effect by written notice to Supplier, in which case Spark may also terminate any other related Agreement with Supplier; and
Sample 1Sample 2Sample 3See All (5)
AutoNDA by SimpleDocs
Remedies for Delay. In the event of material impact to AURA operations, AURA shall have the right to reduce the contract price by an amount commensurate to the cost impact to AURA caused by the delay. Further, in the event that AURA cannot reasonably endure the delay in performance, AURA may terminate the Contract.
Sample 1Sample 2Sample 3See All (4)
Remedies for Delay. If delivery is not completed as prescribed above, MACOM may, by written notice of default to Seller, without liability to MACOM and in addition to its other rights and remedies: (a) cancel the Order in whole or in part; (b) extend the time for delivery in which event Seller shall ship or otherwise furnish, by the most expeditious means, the goods or services not delivered on time, with Seller responsible for paying any extra costs incurred as a result; and (c) procure upon such terms as MACOM shall deem appropriate, goods or services similar to those so cancelled, in which case Seller shall continue performance of this Order to the extent not cancelled and shall be liable to MACOM for any excess costs for such similar goods or services and any expenses incurred in connection therewith.
Sample 1Sample 2Sample 3
Remedies for Delay. If Supplier fails to meet a Contract Milestone, then subject to clause 26.3 (Extensions of time), but without prejudice to any other right or remedy of Entelar: (a) subject to the other provisions of the Agreement, Entelar will be entitled to claim liquidated damages from Supplier for the period from the Due Date of the relevant Contract Milestone up to but excluding the date on which the Contract Milestone is met, at the applicable rate(s) set outin the relevant Letter Agreement or PO; (b) if Supplier fails to meet the Contract Milestone by the end of the Milestone Remedy Period, then at any time thereafter, unless and until Supplier has met that Contract Milestone, Entelar may terminate the Agreement with immediate effect by written notice to Supplier, in which case Entelar may also terminate any other related Agreement with Supplier; and (c) wherever Entelar terminates the Agreement or any related Agreement under this clause 26.4: (i) Entelar will not be liable for anyfurther charges under that Agreement; (ii) Supplier must refund to Entelar on demand all charges for any deliverables that have not yet been provided to Entelar under that Agreement; and (iii) Entelar may (at its absolute discretion) return any deliverables already provided under that Agreement, in which case Supplier must refund to Entelaron demand all charges for those returned deliverables.
Sample 1Sample 2
Remedies for Delay. If Supplier fails to meet a Contract Milestone, then subject to clause 24.3 (Extensions of time), but without prejudice to any other right or remedy of Spark NZT: (a) subject to the other provisions of the Agreement, Spark NZT will be entitled to claim liquidated damages from Supplier for the period from the Due Date of the relevant Contract Milestone up to but excluding the date on which the Contract Milestone is met, at the applicable rate(s) set out in the Letter Agreement and/or PO; (b) if Supplier fails to meet the Contract Milestone by the end of the Milestone Remedy Period, then at any time thereafter, unless and until Supplier has met that Contract Milestone, Spark NZT may terminate the Agreement with immediate effect by written notice to Supplier, in which case Spark NZT may also terminate any other related Agreement with Supplier; (c) wherever Spark NZT terminates the Agreement and/or any related Agreement under this clause 24.4: (i) Spark NZT will not be liable for any further charges under that Agreement; (ii) Supplier must refund to Spark NZT on demand all charges for any deliverables that have not yet been provided to Spark NZT under that Agreement; (iii) Spark NZT may (at its absolute discretion) return any deliverables already provided under that Agreement, in which case Supplier must refund to Spark NZT on demand all charges for those returned deliverables.
Sample 1Sample 2
Remedies for Delay. If delivery is not completed as prescribed above, M/A-COM may, by written notice of default to Seller, without liability to M/A-COM and in addition to its other rights and remedies: (a) cancel the Order in whole or in part; (b) extend the time for delivery in which event Seller shall ship or otherwise furnish, by the most expeditious means, the goods or services not delivered on time, with Seller responsible for paying any extra costs incurred as a result; and (c) procure upon such terms as M/A-COM shall deem appropriate, goods or services similar to those so cancelled, in which case Seller shall continue performance of this Order to the extent not cancelled and shall be liable to M/A-COM for any excess costs for such similar goods or services and any expenses incurred in connection therewith.
Sample 1
Remedies for Delay. Contractor is not entitled to recover from Builder any additional compensation or impact or other damages on account of any delay or disruption to work flow, whether caused in whole or in part by Builder or others. Contractor's sole remedy for such delay will be an extension of time to perform, which will be subject to Builder's written approval. Contractor must make any claim for an extension of time within three (3) calendar days of the event giving rise to the claim. The claim must be in writing and reasonably detailed, including without limitation specifying the cause of the delay and the anticipated number of delay days. Contractor's failure to timely deliver a claim constitutes conclusive and nonrebuttable evidence that no time extension is due.
Sample 1
AutoNDA by SimpleDocs
Remedies for Delay. The Parties agree that the occurrence of an excusable delay that delays overall Project completion may not result in additional compensation paid to the Contractor. No additional compensation will be paid to the Contractor for excusable delays that are not the fault of either the Contractor or the Owner, such as those listed in paragraphs 108.05C(a)-(f). In that situation, the Contractor is entitled only to an adjustment of the Contract Time.
Sample 1
Remedies for Delay 
Sample 1Sample 2

Related to Remedies for Delay

  • Remedies for Default (a) Enterprise Services’ rights to suspend and terminate Contractor’s rights under this Contract are in addition to all other available remedies. (b) In the event of termination for default, Enterprise Services may exercise any remedy provided by law including, without limitation, the right to procure for all Purchasers replacement Services. In such event, Contractor shall be liable to Enterprise Services for damages as authorized by law including, but not limited to, any price difference between the Contract price and the replacement or cover price as well as any administrative and/or transaction costs directly related to such replacement procurement – e.g., the cost of the competitive procurement.

  • REMEDIES, ETC CUMULATIVE. Each and every right, power and remedy of the Pledgee provided for in this Agreement or in any other Secured Debt Agreement, or now or hereafter existing at law or in equity or by statute shall be cumulative and concurrent and shall be in addition to every other such right, power or remedy. The exercise or beginning of the exercise by the Pledgee or any other Secured Creditor of any one or more of the rights, powers or remedies provided for in this Agreement or any other Secured Debt Agreement or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the Pledgee or any other Secured Creditor of all such other rights, powers or remedies, and no failure or delay on the part of the Pledgee or any other Secured Creditor to exercise any such right, power or remedy shall operate as a waiver thereof. No notice to or demand on any Pledgor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Pledgee or any other Secured Creditor to any other or further action in any circumstances without notice or demand. The Secured Creditors agree that this Agreement may be enforced only by the action of the Pledgee, in each case acting upon the instructions of the Required Lenders (or, after the date on which all Credit Document Obligations have been paid in full, the holders of at least a majority of the outstanding Other Obligations) and that no other Secured Creditor shall have any right individually to seek to enforce or to enforce this Agreement or to realize upon the security to be granted hereby, it being understood and agreed that such rights and remedies may be exercised by the Pledgee for the benefit of the Secured Creditors upon the terms of this Agreement.

  • Other Remedies; Specific Performance Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.

  • Remedies for Noncompliance In the event Contractor fails to fulfill its obligations under this Section 21, the Authority shall have available to it appropriate remedies at law or in equity, including the right to withhold amounts due to Contractor for any work until Contractor submits a corrective action plan which has been approved by the Authority or demonstrates to the Authority’s satisfaction that all good faith efforts to comply with the goals set forth herein have been exhausted, together with the ability to disqualify Contractor from future work that may, from time to time, be undertaken by the Authority as well as all unfinished work under this Contract.

  • Cumulative Remedies; No Waiver The rights, powers, privileges and remedies of the Administrative Agent and the Lenders provided herein or in any Note or other Loan Document are cumulative and not exclusive of any right, power, privilege or remedy provided by Law or equity. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power, privilege or remedy may be, or may be deemed to be, a waiver thereof; nor may any single or partial exercise of any right, power, privilege or remedy preclude any other or further exercise of the same or any other right, power, privilege or remedy. The terms and conditions of Article 8 hereof are inserted for the sole benefit of the Administrative Agent and the Lenders; the same may be waived in whole or in part, with or without terms or conditions, in respect of any Borrowing without prejudicing the Administrative Agent’s or the Lenders’ rights to assert them in whole or in part in respect of any other Borrowing.

  • No Waiver; Remedies, Etc No failure on the part of any Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents and the Lenders provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents and the Lenders to exercise any of their rights under any other Loan Document against such party or against any other Person.

  • Remedies for Non-Compliance The Recipient agrees that if FTA determines that the Recipient or a Third Party Participant receiving federal assistance under 49 U.S.C. chapter 53 is not in compliance with 49 C.F.R. part 655, the Federal Transit Administrator may bar that Recipient or Third Party Participant from receiving all or a portion of the federal transit assistance for public transportation it would otherwise receive.

  • No Deemed Waivers; Remedies Cumulative No failure or delay by the Administrative Agent or any Lender in exercising any right or power hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent and the Lenders hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by the Borrower therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent or any Lender may have had notice or knowledge of such Default at the time.

  • Damages for delay Subject to the provisions of Clause 12.4, if COD does not occur prior to the 91st day after the Scheduled Completion Date, unless the delay is on account of reasons solely attributable to the Authority or due to Force Majeure, the Concessionaire shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Performance Security for delay of each day until COD is achieved.

  • Breach and Remedies for Breach The benefits associated with Sector membership will only accrue to the Members if each of them strictly complies with this Agreement. Each Member will make significant operational and financial commitments based on this Agreement, and any Member’s failure to fulfill any of its obligations under this Agreement could have significant adverse consequences for some or all other Members. Any failure by a Member to fulfill any of its obligations under this Agreement shall constitute a breach of this Agreement. Each Member shall be bound by the procedures set forth in this Section for determining whether a Member has breached this Agreement. The Sector shall be entitled to the remedies set forth in this Section if a Member is determined by the Sector to have breached this Agreement. Each Member shall take all actions and execute all documents the Manager deems necessary or convenient to give effect to the provisions of this Section.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!