Schedule Commitments Sample Clauses

Schedule Commitments. 5.2.1 The requested delivery dates applicable to each purchase order will be set forth in such purchase order. Delivery dates will be confirmed by Company's acknowledgement. Company agrees not to ship Product prior to the agreed upon delivery date without Siemens' prior written authorization. 5.2.2 Subject to the provisions contained in the Section 14.11 CONTINGENCY, in the event Company exceeds the agreed upon delivery date by more than three (3) business days, through no fault of Siemens, then in addition to all other rights and remedies provided for in this Agreement or otherwise and without any liability or obligation to Siemens, Siemens shall have the right to: (a) cancel such purchase order, or (b) extend such delivery date to a later date, subject, however, to the right to cancel as in (a) above if delivery is not made or performance is not completed by such extended date. 5.2.3 In the event Company fails to meet the agreed upon delivery date and such failure is not due to reasons covered by the Section 14.11 CONTINGENCY, then Company shall be liable for purchase order cancellation and actual out-of-pocket logistical costs incurred by Siemens as a direct result of such failure. 5.2.4 If a purchase order is canceled pursuant to the above, Siemens and Company shall agree to cancellation by Siemens, to the extent that Siemens' customer cancels its order as a direct result of Company's failure to comply with the terms hereof, addressing only that release of Product under the single order affected by Company's failure, and Company shall issue appropriate credits to be applied to future purchases for Products delivered . 5.2.5 If Siemens requests, for reasons other than covered by the Section 14.11 CONTINGENCY, that shipment be postponed beyond the date shown on a purchase order, Company may invoice Siemens as of the original scheduled delivery date for Product manufactured hereunder. Title for such delayed Product shall pass to Siemens on date of invoice. 5.2.6 All Product invoiced to Siemens in accordance with the foregoing paragraph shall be marked conspicuously as Siemens property, and safely stored by Company separated from any other material stocks. Such Product shall be shipped out as ordered by Siemens. Company assumes responsibility for any loss or damage to such Product while stored by Company. Siemens shall reimburse Company for storage and insurance costs for such Product. Company shall advise Siemens in writing of the specific location where ...
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Schedule Commitments. As a material consideration for entering into this Agreement, Developer hereby commits, and TxDOT is relying upon Developer’s commitment, to develop the Project in accordance with the milestones and time periods set forth in this Agreement, Section 2.1.1 of the Technical Provisions, the Project Schedule and the Milestone Deadlines, subject only to delays caused by Relief Events specifically provided hereunder. Except where this Agreement expressly provides for extension of time due to a Relief Event, the time limitations set forth in the CDA Documents, including the Milestone Deadlines, for Developer’s performance of its covenants, conditions and obligations are of the essence, and Developer waives any right at law or in equity to tender or complete performance beyond the applicable time period, or to require TxDOT to accept such performance. Developer hereby represents and warrants that the Project Baseline Schedule set forth as Attachment 2 to Exhibit 7 meets the requirements of Section 2.1.1.2 of the Technical Provisions and is consistent with the Milestone Deadlines. The Parties shall use the Project Baseline Schedule for planning and monitoring the progress of the Work.
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Schedule Commitments. As a material consideration for entering into this Agreement, Developer hereby commits, and TxDOT is relying upon Developer’s commitment, to develop the Project in accordance with the milestones and time periods set forth in this Agreement, Section 2.1.1 of the Technical Provisions, the Project Schedule and the Milestone Deadlines, subject only to delays caused by Relief Events specifically provided hereunder. Except where this Agreement expressly provides for extension of time due to a Relief Event, the time limitations set forth in the CDA Documents, including the Milestone Deadlines, for Developer’s performance of its covenants, conditions and obligations are of the essence, and Developer waives any right at law or in equity to tender or complete performance beyond the applicable time period, or to require TxDOT to accept such performance. Developer hereby represents and warrants that the Project Baseline Schedule set forth as Exhibit 9 meets the requirements of Section
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Schedule Commitments. The Contractor provides Design Submittal Schedule – October 6, 2010 (see Section 9.8)
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Related to Schedule Commitments

  • Additional Commitments The Parties may negotiate commitments with respect to measures affecting trade in services not subject to scheduling under Article 106 (National Treatment) or Article 107 (Market Access), including those regarding qualifications, standards or licensing matters. Such commitments shall be inscribed in a Party's Schedule.

  • The Letter of Credit Commitments (i) Subject to the terms and conditions set forth herein, (1) each L/C Issuer agrees, in reliance upon the agreements of the other Revolving Credit Lenders set forth in this Section 2.03, (x) from time to time on any Business Day during the Availability Period for the Revolving Credit Facility, to issue Letters of Credit denominated in Dollars or any Revolving Alternative Currency, in each case for the account of the Borrowers (provided that any Letter of Credit may be for the benefit of any Subsidiary of the Parent Borrower) and to amend or renew Letters of Credit previously issued by it, in accordance with Section 2.03(b), and (y) to honor drafts under the Letters of Credit and (2) the Revolving Credit Lenders severally agree to participate in Letters of Credit issued pursuant to this Section 2.03; provided that no L/C Issuer shall be obligated to make any L/C Credit Extension with respect to any Letter of Credit, and, except in the case of the following clause (w), no Lender shall be obligated to participate in any Letter of Credit if immediately after giving effect to such L/C Credit Extension, (w) the aggregate L/C Exposure in respect of Letters of Credit issued by such L/C Issuer would exceed such L/C Issuer’s L/C Issuer Sublimit, (x) the aggregate L/C Exposure would exceed the Letter of Credit Sublimit or (y) the Revolving Credit Exposure of any Lender would exceed such Lender’s Revolving Credit Commitment. Within the foregoing limits, and subject to the terms and conditions hereof, the Borrowers’ ability to obtain Letters of Credit shall be fully revolving, and accordingly the Borrowers may, during the foregoing period, obtain Letters of Credit to replace Letters of Credit that have expired or that have been drawn upon and reimbursed. It is hereby acknowledged and agreed that each of the letters of credit described on Schedule 2.03 (a) (the “Existing Letters of Credit”) shall constitute a “Letter of Credit” for all purposes of this Agreement and shall be deemed issued under this Agreement on the Closing Date. (ii) An L/C Issuer shall be under no obligation to issue any Letter of Credit (and, in the case of clauses (B) and (C), shall not issue any Letter of Credit) if: (A) any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain such L/C Issuer from issuing such Letter of Credit, or any Law applicable to such L/C Issuer or any directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over such L/C Issuer shall prohibit, or direct that such L/C Issuer refrain from, the issuance of letters of credit generally or such Letter of Credit in particular or shall impose upon such L/C Issuer with respect to such Letter of Credit any restriction, reserve or capital requirement (for which such L/C Issuer is not otherwise compensated hereunder) not in effect on the Closing Date, or shall impose upon such L/C Issuer any unreimbursed loss, cost or expense which was not applicable on the Closing Date (for which such L/C Issuer is not otherwise compensated hereunder); (B) subject to Section 2.03(b)(iii), the expiry date of such requested Letter of Credit would occur more than twelve months after the date of issuance or last renewal, unless the relevant L/C Issuer has approved such expiry date; (C) the expiry date of such requested Letter of Credit would occur after the Letter of Credit Expiration Date, unless the relevant L/C Issuer has approved such expiry date (it being understood that the participations of the Revolving Credit Lenders in any undrawn Letter of Credit shall in any event terminate on the Letter of Credit Expiration Date); (D) the issuance of such Letter of Credit would violate any Laws binding upon such L/C Issuer; (E) the Letter of Credit is to be denominated in a currency other than Dollars or any Revolving Alternative Currency unless otherwise agreed by the applicable L/C Issuer and the Administrative Agent; or (F) the Letter of Credit is in an initial amount less than the Dollar Equivalent of $100,000. (iii) An L/C Issuer shall be under no obligation to amend any Letter of Credit if (A) such L/C Issuer would have no obligation at such time to issue such Letter of Credit in its amended form under the terms hereof, or (B) the beneficiary of such Letter of Credit does not accept the proposed amendment to such Letter of Credit.

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