Common use of Schedule Commitments Clause in Contracts

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 Product is stored and of any subsequent movement of the Product. Company agrees, upon request by Siemens, to execute and deliver to Siemens a bill of sale evidencing conveyance/license of such Product, free from liens and encumbrances, together with any other document such as a bailment agreement, warehouse receipt, lease (on storage space), mortgage, deed of trust, or surety bond as Siemens may deem necessary to secure title in such product against third parties, all of which documents shall be in a form reasonably acceptable to Siemens.

Schedule Commitments. 5.2.1 5.3.1 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. Delivery times for complete units of Products shall be forty-five (45) calendar days after receipt of order by Company unless an another period of time has been agreed upon in writing. 5.2.2 5.3.2 Subject to the provisions contained in the Section 14.11 Sections 4.3 FORECAST and 15.14 CONTINGENCY, in the event Company exceeds the agreed upon delivery date Siemens shall be entitled to payment by more than three Company of liqidated damages for such delay amounting to five percent (35%) business daysof the net selling price of the delayed item for each week of delay beyond the agreed delivery date, through no fault such liquidated damages not to exceed ten percent (10%) of Siemens, then in addition to all other rights and remedies provided for in this Agreement or otherwise and without any liability or the net selling price of the delayed item. The payment of liquidated damages shall not relieve Company from its obligation to Siemensdeliver Products or from any other obligation. 5.3.3 If an order is delayed pursuant to the above, Siemens shall have the right to: (a) cancel to retain or return any or all Product received by or paid for under such order. Company shall reimburse Siemens the costs of shipping the Product returned and amounts, if any, previously paid by Siemens for the Product; provided, however, if such order is part of a blanket purchase order, or (b) extend such delivery date to a later date, subject, however, to Siemens shall not have the right to cancel as return any Products previously delivered in (a) above if delivery is not made or performance is not completed by connection with any prior scheduled shipments delivered under 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 blanket 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 pay for storage any Product retained at the prices set forth in Attachment E, if applicable, and insurance costs for such Product. Company shall advise Siemens in writing of the specific location where Product is stored and of any subsequent movement of the Product. Company agrees, upon request by Siemens, to execute and deliver to Siemens a bill of sale evidencing conveyance/license of such Product, free from liens and encumbrances, together with any other document such as a bailment agreement, warehouse receipt, lease (on storage space), mortgage, deed of trust, or surety bond as Siemens may deem necessary to secure title in such product against third parties, all of which documents shall be in a form reasonably acceptable to Siemens.quantity

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 14.12 CONTINGENCY, in the event Company exceeds the agreed upon delivery date by more than three five (35) 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 the order or change such purchase order, order if the delay results in the cancellation or change of the order from the Siemens Customer 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 an order is canceled pursuant to the above, Siemens and shall have the right to retain or return any or all Product received by or paid for under such order. Company shall agree reimburse Siemens the costs of shipping the Product returned and amounts, if any, previously paid by Siemens for the Product; provided, however, if such order is part of a blanket purchase order, Siemens shall not have the right to cancellation by Siemensreturn any Products previously delivered in connection with any prior scheduled shipments delivered under such blanket purchase order. Siemens shall pay for any Product retained at the prices set forth in Attachment E, 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 failureif applicable, and Company quantity discounts, if any, shall issue appropriate credits to be applied to future purchases for Products delivered on the basis of the quantity specified in the order. 5.2.5 5.2.4 If Siemens requests, for reasons other than covered by the Section 14.11 14.12 CONTINGENCY, that shipment shipments be postponed beyond the date shown on a purchase orderan order and the date shown on the order is within forty-five (45) days succeeding the date of the receipt of the order postponement, Company may invoice Siemens as of the original scheduled delivery date for the Product manufactured hereunder. Title for such delayed Product shall pass to Siemens on date of invoice. 5.2.6 All Product invoiced . The following schedule will be used to Siemens in accordance with establish Siemens' obligations when it requires that shipments be rescheduled beyond 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 Product is stored and of any subsequent movement of the Product. Company agrees, upon request by Siemens, to execute and deliver to Siemens a bill of sale evidencing conveyance/license of such Product, free from liens and encumbrances, together with any other document such as a bailment agreement, warehouse receipt, lease (date shown on storage space), mortgage, deed of trust, or surety bond as Siemens may deem necessary to secure title in such product against third parties, all of which documents shall be in a form reasonably acceptable to Siemens.an order: