SCHEDULE FOR DELIVERY. A. The time of Contractor’s performance is of the essence for this Agreement. The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Contractor must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule.
SCHEDULE FOR DELIVERY. Each year during the term of this Agreement, no later than December 1st, MannKind shall provide to AFP a schedule for delivery of the following calendar year’s annual Product Purchase Commitment Quantities. Annual Product quantities must be requested with multiple delivery dates, and in all cases, the deliveries requested for the quantities shall be whole batch quantities (or multiples thereof, as applicable). Such requested deliveries shall not exceed quantity of […***…] kg of Product per delivery. AFP shall be deemed to have satisfied its obligations with respect to quantity of Product if the actual quantity of Product supplied is within plus or minus […***…] percent (+/-[…***…]%) of the quantity set forth in the applicable Purchase Order. No later than fifteen (15) calendar days prior to the end of each Quarter during the Term, MannKind shall provide AFP with the forecasted schedule of delivery of the Product for the next successive four (4) Quarters (or until the Term ends if shorter), on a rolling basis, the first two (2) Quarters of which shall be broken down on a month-by-month basis (the “Forecast”). Each Forecast shall be deemed to be an update of any Forecast previously provided by MannKind to AFP during the Term. The first two (2) Quarters of each Forecast shall be binding (the “Firm Order Period”) and simultaneously with submission of the Forecast, MannKind shall submit any Purchase Order(s) for the quantities of the Product to be delivered during the second (2nd) Quarter of such Forecast (i.e., the last Quarter of the Firm Order Period). AFP will deliver the designated quantities to MannKind on the dates specified. Time is of the essence for delivery dates and quantities. If AFP cannot meet the dates specified or proposes alternate delivery dates, it must notify MannKind in writing within fifteen (15) calendar days after receipt of MannKind’s most recent Forecast. In no event shall any delivery be later than one (1) month beyond MannKind’s requested delivery date as long as the delivery per quarter of the Purchase Commitment Quantities does not exceed […***…] kilograms ([…***…] kg). Notwithstanding the foregoing, for the Purchase Commitment Quantity to be delivered in the 4th Quarter of 2014 and the 1st Quarter of 2015, MannKind shall issue a Purchase Order no later than thirty calendar days after execution of this Agreement (“Initial Order”). The Purchase Commitment Quantity of the Initial Order shall not be less than […***…] kg for the 4th Q...
SCHEDULE FOR DELIVERY. The schedule for delivery of the Ground Segment Hardware by ORBCOMM shall be established in the Gateway Implementation Plan, provided that the ORBCOMM Gateway incorporating [CONFIDENTIAL TREATMENT] GES shall be installed in the Territory and accepted as soon as possible. Both parties hereto acknowledge and agree that the schedule for installation of the Ground Segment Hardware shall be an "all commercially reasonable efforts" schedule only, and that ORBCOMM shall not be held liable for damages caused by changes or delays to the schedule.
SCHEDULE FOR DELIVERY. The schedule for delivery of the Ground Segment Hardware by ORBCOMM shall be established in the Gateway Implementation Plan, provided that the ORBCOMM Gateway incorporating [CONFIDENTIAL TREATMENT] GES shall be installed in the Territory and accepted by [CONFIDENTIAL TREATMENT] and the [CONFIDENTIAL TREATMENT] GES comprising the Initial Purchase shall be installed in the Territory and accepted within [CONFIDENTIAL TREATMENT] days of [CONFIDENTIAL TREATMENT] both parties hereto acknowledge and agree that to the extent ORBCOMM has used all commercially reasonable efforts to meet the schedule for installation of the Ground Segment Hardware, ORBCOMM shall not be liable for any damages or other claims caused by the failure to meet such schedule or any other changes or delays to such schedule. With respect to the Initial Purchase comprising the [CONFIDENTIAL TREATMENT] GES, the [CONFIDENTIAL TREATMENT] shall apply in the event the [CONFIDENTIAL TREATMENT] for the Initial Purchase comprising [CONFIDENTIAL TREATMENT] GES is [CONFIDENTIAL TREATMENT] provided that the dates set forth below shall be adjusted [CONFIDENTIAL TREATMENT] for each [CONFIDENTIAL TREATMENT] day [CONFIDENTIAL TREATMENT]:
SCHEDULE FOR DELIVERY. A. The time of Supplier’s performance is of the essence for this Agreement. The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify the City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights the City may have under this Agreement or at law, Supplier shall pay City the sum of $250.00 per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.”
SCHEDULE FOR DELIVERY. A. The time of Supplier’s performance is of the essence for this Agreement. The Goods will be delivered in accordance with the schedule set forth in Exhibit “A.” Supplier must immediately notify the City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights the City may have under this Agreement or at law, Supplier shall pay City the sum of $250.00 per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “A.”
B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that the City can maximize the efficient completion of such project(s).
SCHEDULE FOR DELIVERY. A. The time of Contractor’s performance is of the essence for this Agreement. The Equipment will be delivered in accordance with the schedule set forth in Exhibit “B.” Contractor must immediately notify WRCOG in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights WRCOG may have under this Agreement or at law, Contractor shall pay WRCOG the sum of $[INSERT AMOUNT] per item of Equipment for each calendar day for which the item of Equipment is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.”
SCHEDULE FOR DELIVERY. All SERVICES that are required to be provided by the CONSULTANT under this AGREEMENT must be provided in accordance with this AGREEMENT and any Attachments or documents incorporated by reference herein, and as approved by the BCTID. The PARTIES acknowledge that TIME IS OF THE ESSENCE in connection with the performance of the SERVICES and the delivery of any work or work product to be delivered or produced in accordance with this AGREEMENT.
SCHEDULE FOR DELIVERY. All SERVICES that are required to be provided by the CONSULTANT under this AGREEMENT must be provided in accordance with this AGREEMENT and any Attachments or documents incorporated by reference herein, and as approved by the CCTID. The PARTIES acknowledge that TIME IS OF THE ESSENCE in connection with the performance of the SERVICES and the delivery of any work or work product to be delivered or produced in accordance with this AGREEMENT.
SCHEDULE FOR DELIVERY. All Services required to be provided by Consultant pursuant to this Agreement shall be provided in accordance with the time schedule set forth in the applicable Schedule or such other time schedule as may be mutually agreed to by the parties.
