SHIPPING DELAY Sample Clauses

SHIPPING DELAY. Seller shall not pay or be liable for any penalty or any damages, either liquidated or otherwise for late delivery or installation. Shipping dates are approximate whether or not specifically set forth on the face hereof. Shipping dates are dependent upon prompt receipt from Buyer of all information necessary for the proper processing of Buyer's order. In the event there is any delay by Xxxxx in furnishing complete information, the date of shipment may be extended for a reasonable time, taking into account Seller's production schedule. Seller shall not be liable for any nonperformance or delay in the delivery or shipment of Goods, or any other delay in performance under this Contract, when such nonperformance or delay is caused directly or indirectly by any cause beyond Seller's reasonable control (whether or not now in contemplation of either of the parties), including but not limited to force majeure, acts of God, acts of Buyer, strikes, labor disputes, epidemics, floods, quarantine restrictions, civil commotion, war, hostilities, insurrection, riot, rules, law, orders, actions, seizures, requisitions, priorities, preferences, instructions, regulations, restrictions or actions of any government or any agency or subdivision thereof; casualties, fires, accidents, embargoes, quotas, transportation delays, shortages of labor, materials, goods, fuel, power or transportation facilities, detention of goods by customs authorities, sinking of vessels, loss of goods in public or private warehouses, or inability to procure or delay in procuring materials, goods, labor or manufacturing facilities from Seller's usual sources or in its usual manner. In any such event Seller shall have the right, at its election and without any liability to Buyer, to (a) cancel all or any portions of this Contract, or (b) perform this Contract as so restricted or modified, and Buyer shall accept such restricted or modified performance, or (c) perform this Contract within a reasonable time after the cause for nonperformance or delay has terminated. Delay in delivery of any installment shall not relieve Buyer of its obligation to accept subsequent deliveries or pay for prior deliveries.
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SHIPPING DELAY iSecureTrac shall ship Products in a sufficiently timely manner as to meet Confirmed Delivery Dates. In the event iSecureTrac fails to ship Products as specified in DISTRIBUTOR's purchase orders within fifteen (15) calendar days after the Confirmed Delivery Date for any reason, DISTRIBUTOR may cancel such shipment without penalty, fee, or charge, in addition to all of its other rights and remedies under this Agreement. Notwithstanding the above, iSecureTrac reserves the right to temporarily suspend shipments not yet paid for by DISTRIBUTOR in the event DISTRIBUTOR has not paid overdue invoices to iSecureTrac [confidential treatment requested] ("Past Due Invoices") by providing written notice of such suspension to DISTRIBUTOR, in which event shipping delays, for purpose of this paragraph, shall be deemed tolled. Such suspended shipments shall be immediately resumed upon iSecureTrac's receipt of payment for such Past Due Invoices.
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SHIPPING DELAY. Shipping dates and schedules are subject to prior orders received, availability of adequate labor and equipment and to other unavoidable contingencies as set forth in Article 9 herein. Dates of delivery are estimates only and are dependent upon prompt receipt by Seller of materials and information necessary, in Seller’s sole discretion, to proceed with the work. Seller does not warrant or, in any other way, guarantee delivery dates. Seller reserves the right to choose the facility from which it ships goods to Buyer.
Sample 1
SHIPPING DELAY iSecureTrac shall ship Products in a sufficiently timely manner as to meet Confirmed Delivery Dates. In the event iSecureTrac fails to ship Products as specified in DISTRIBUTOR's purchase orders within fifteen calendar (15) days after the Confirmed Delivery Date for reasons other than force majeure, DISTRIBUTOR may cancel such shipment without penalty. However, in the event the DISTRIBUTOR's Agreement with the End User contains a liquidated damages provision for failure to meet delivery on a date(s) certain, which shall also be specified in the purchase order(s) issued by the DISTRIBUTOR hereunder, iSecureTrac agrees that it shall reimburse DISTRIBUTOR for the End User assessment based on DISTRIBUTOR's notice to iSecureTrac under Article 11.0, damages for which payment shall be net 30. iSectureTrac agrees that its failure to meet the conditions in the aforementioned notice shall result in set-off (s) by the DISTRIBUTOR for amounts owed by DISTRIBUTOR to iSecureTrac. Notwithstanding the above, iSecureTrac reserves the right to refuse to accept any purchase orders containing a liquidated damages provision and to suspend shipments in the event DISTRIBUTOR has not paid overdue invoices to iSecureTrac (I.E. invoices more than 30 days old).
Sample 1
SHIPPING DELAY. It is understood that, once the on-board-ship date has been agreed upon by the parties at the time of FTO, if Takara, through no fault of Hasbro, is late in shipping the Transformers products, Xxxxxx will ship said products at its own expense via such alternate mode of transportation as necessary to meet Hasbro’s delivery schedule, including shipments via air freight. If shipping delays are due to changes by Hasbro in the products after FTO, or the failure of Hasbro to release to Takara materials that are critical to production in a timely fashion, a new schedule will then be agreed upon by the parties, and Xxxxxx shall not be liable for the expense of such alternate mode of transportation.
Sample 1
SHIPPING DELAY iSecureTrac shall ship Products in a ---------------- sufficiently timely manner as to meet Confirmed Delivery Dates. In the event iSecureTrac fails to ship Products as specified in DISTRIBUTOR's purchase orders within fifteen calendar (15) days after the Confirmed Delivery Date for reasons other than force majeure, DISTRIBUTOR may cancel such shipment without penalty. Notwithstanding the above, iSecureTrac reserves the right to suspend shipments in the event DISTRIBUTOR has not paid overdue invoices to iSecureTrac (i.e. invoices more than 30 days old) in which event shipping delays, for purpose of this paragraph, shall be deemed tolled.
Sample 1

Related to SHIPPING DELAY

  • Delivery Delay The delivery of any certificate representing the Restricted Stock or other RS Property may be postponed by the Company for such period as may be required for it to comply with any applicable federal or state securities law, or any national securities exchange listing requirements and the Company is not obligated to issue or deliver any securities if, in the opinion of counsel for the Company, the issuance of such Shares shall constitute a violation by the Participant or the Company of any provisions of any law or of any regulations of any governmental authority or any national securities exchange.

  • Force Majeure Delays In any case where either party hereto is required to do any act (other than the payment of money), delays caused by or resulting from Acts of God or Nature, war, civil commotion, fire, flood or other casualty, labor difficulties, shortages of labor or materials or equipment, government regulations, delay by government or regulatory agencies with respect to approval or permit process, unusually severe weather, or other causes beyond such party’s reasonable control the time during which act shall be completed, shall be deemed to be extended by the period of such delay, whether such time be designated by a fixed date, a fixed time or “a reasonable time.”

  • Delivery; Acceptance of Premises; Commencement Date Landlord shall use reasonable efforts to deliver the Premises to Tenant on or before the Target Commencement Date, with Landlord’s Work Substantially Completed (“Delivery” or “Deliver”). If Landlord fails to timely Deliver the Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable except as provided herein. If Landlord does not Deliver the Premises within 45 days of the Target Commencement Date for any reason other than Force Majeure delays and Tenant Delays, this Lease may be terminated by Tenant by written notice to Landlord, and if so terminated by Tenant: (a) the Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of this Lease), shall be returned to Tenant, and (b) neither Landlord nor Tenant shall have any further rights, duties or obligations under this Lease, except with respect to provisions which expressly survive termination of this Lease. As used herein, the terms “Landlord’s Work,” “Tenant Delays” and “Substantially Completed” shall have the meanings set forth for such terms in the Work Letter. If Tenant does not elect to void this Lease within 10 business days of the lapse of such 45 day period, such right to void this Lease shall be waived and this Lease shall remain in full force and effect. Notwithstanding anything to the contrary contained herein, if Tenant does not terminate this Lease pursuant to the immediately preceding sentence, Base Rent shall be abated 1 day for each day after such 45 day period (as extended by Force Majeure delays and Tenant Delays) that the Premises are not Delivered to Tenant.

  • Waiver or Delay No failure to exercise or delay by a party in exercising any right, power, or remedy under this License Agreement operates as a waiver of such right, power, or remedy. A single or partial exercise of any right, power, or remedy does not preclude any other or further exercise of that or any other right, power, or remedy. A waiver is not valid or binding on the party granting the waiver unless made in writing.

  • Tenant Delays A "Tenant Delay” shall be defined as any delay in the design, permitting or performance of the Base Building Work to the extent that such delay is actually caused by any act or, where there is a duty to act under this Lease, any failure to act by Tenant or Tenant's contractors, architects, engineers, or anyone else engaged by or on behalf of Tenant in connection with the construction of the Tenant Improvement Work as set forth in this Article III (including, without limitation, any delays resulting from the Approved Tenant Finishes under Section 3.l(C) above) and disclosed to Tenant as hereinafter provided. Notwithstanding the foregoing, in no event shall any delays in the completion of the Base Building Work caused by Tenant’s use of non-union labor constitute a Tenant Delay hereunder. Notwithstanding the foregoing, no event shall be deemed a Tenant Delay unless and until Landlord has given Tenant written notice (the "Tenant Delay Notice") advising Tenant: (x) that a Tenant Delay is occurring and setting forth Landlord's good faith estimate as to the likely length of such Tenant Delay; (y) of the basis on which Landlord has determined that a Tenant Delay is occurring; and (z) the actions which Landlord believes that Tenant must take to eliminate such Tenant Delay. No event shall be deemed to be a Tenant Delay unless and until Tenant has failed to rectify the situation causing the Tenant Delay within forty-eight (48) hours after Tenant's receipt of the Tenant Delay Notice (which for the purposes of determining receipt may be delivered by hand to Tenant's Construction Representative, with copies to follow to Tenant at the notice address set forth in Section 1.2 of this Lease within five (5) days thereafter); provided, however, that if Tenant shall fail to eliminate the delay within the aforesaid 48-hour period, then the 48-hour cure period shall be included in the period of time charged to Tenant pursuant to such Tenant Delay Notice (it being understood and agreed that if Tenant shall in fact eliminate the Tenant Delay within the 48-hour cure period, no Tenant Delay shall be deemed to have occurred for the purposes of this Article III). In addition, any delay to the extent caused by (i) Landlord Delay or (ii) subject to the limitations of subsection (D) below, Tenant's Force Majeure (as defined in said subsection (D)) shall not constitute Tenant Delay. Tenant covenants that no Tenant Delay shall delay commencement of the Term or the obligation to pay Annual Fixed Rent or Additional Rent. The Delivery Dates and/or the date of substantial completion of the Base Building Work, as applicable, shall be deemed to have occurred as of the date when such Delivery Dates and/or date of substantial completion of the Base Building Work, as applicable, would have occurred but for any Tenant Delays, as determined by Landlord in the exercise of its good faith business judgment (it being understood and agreed that the foregoing shall not be construed so as to relieve Landlord of its obligation to actually complete the Base Building Work, notwithstanding the fact that substantial completion may have been deemed to have occurred prior to actual completion as the result of Tenant Delays).

  • Tenant Delay If the Substantial Completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Construction Pricing Proposal pursuant to Section 2.6 above on or before Tenant’s Approval Deadline; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Work Letter or the Lease; (d) any request by Tenant for a revision to the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to perform its obligations under Section 2.7 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Agreement, and regardless of when the Tenant Improvement Work is actually Substantially Completed, the Tenant Improvement Work shall be deemed to be Substantially Completed on the date on which the Tenant Improvement Work would have been Substantially Completed if no such Tenant Delay had occurred.

  • Excusable Delay The Contractor is entitled to an equitable adjustment of time, issued via Change Order, for delays caused by the following:

  • Six-Month Delay Notwithstanding anything to the contrary in this Agreement, no compensation or benefits, including without limitation any severance payments or benefits payable under this Section 4, shall be paid to the Executive during the six-month period following the Executive’s Separation from Service if the Company determines that paying such amounts at the time or times indicated in this Agreement would be a prohibited distribution under Section 409A(a)(2)(B)(i) of the Code. If the payment of any such amounts is delayed as a result of the previous sentence, then on the first day of the seventh month following the date of Separation from Service (or such earlier date upon which such amount can be paid under Section 409A without resulting in a prohibited distribution, including as a result of the Executive’s death), the Company shall pay the Executive a lump-sum amount equal to the cumulative amount that would have otherwise been payable to the Executive during such period.

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