Supplier Delays. Subject to Section 6.11 and Section 17, if the Supplier has not despatched the Products (or any of them) by the Despatch Date then:
(a) the Customer may notify the Supplier in writing of the delay and require Delivery within ten (10) Business Days of such notice; and
(b) if Delivery of those Products does not take place within that extended period then that Order (or the relevant part of it) will be deemed cancelled (and neither Party shall have any liability to the other in respect of that part of the Order) and the Customer may obtain similar products in respect of that Order from an alternative supplier (on the condition that it notifies the Supplier in advance of its intention to do so). The Parties agree and acknowledge that this Section 6.10 sets out the Customer’s only remedy for any delay or failure by the Supplier to Deliver the Products (in whole or in part) and any such delay or failure will not be a breach of the Agreement. The Supplier will not be liable for any loss or damage arising from or relating to its delay or failure to Deliver the Products including the Customer’s costs of obtaining similar products from an alternative supplier.
Supplier Delays. Subject to Section 6.12 and Section 17, if the Supplier has not delivered the Products (or any of them) by the Delivery Date then:
(a) the Customer may notify the Supplier in writing of the delay and require Delivery within ten (10) Business Days of such notice; and
(b) if Delivery of those Products does not take place within that extended period then that Order (or the relevant part of it) will be deemed cancelled (and neither Party shall have any liability to the other in respect of that part of the Order) and the Customer may obtain similar products in respect of that Order from an alternative supplier (on the condition that it notifies the Supplier in advance of its intention to do so).
Supplier Delays. (a) If the Supplier fails or notifies the RTA under clause 8.2 that it may fail to meet a Milestone for any reason other than:
(i) a failure by the RTA to perform its obligations under this Agreement or the Purchase Order; or
(ii) subject to compliance with clause 31.6 (Force Majeure), a Force Majeure Event, then the RTA is under no obligation to grant an extension of time for the achievement of that Milestone, but may in its absolute discretion grant an extension of time.
(b) If no extension of time is granted by the RTA in its absolute discretion for failure to meet a Milestone, then:
Supplier Delays. Any material delay in the project completion of longer than 3 months after the applicable Target Completion Date, up to and including completion of [*] activities, caused solely and directly by matters reasonably within the control of Supplier will be considered a Supplier delay in project. Supplier will provide a [*]% discount on all Company’s Milestone Payments at the time the delay is incurred up to and including Company’s full Company Contribution. If a delay in the project goes beyond [*] months after the applicable Target Completion Date, an additional [*]% discount will be credited within [*] days of such delay being triggered. All Supplier delay discounts will be in the form of an evenly applied discount to manufacturing services in the first [*]of commercial production. In addition, this Agreement may be terminated by Company in its sole discretion with immediate effect in the case of a delay in the project beyond [*]from the Target Completion Date. In the event of such termination, Supplier shall refund to Company all payments made, plus [*]%. Notwithstanding the foregoing, Company shall not be entitled to any discount and may not terminate this Agreement to the extent any delay in the project is due in whole or in part to Company’s actions, failure to make payments in a timely fashion, inactions, vendors and contractors engaged directly by Company, requests, changes or change orders, or a Force Majeure event that is governed by Section 25.8.
Supplier Delays. If Supplier fails to pay the Administrative Fee, or fails to submit a Quarterly Sales Statement in accordance with the requirements set forth in this Agreement, Supplier will be subject to the payment of the following sums. Because of the difficulty in determining the injury to UHC caused by such failure, the following represents an assessment of the administrative costs caused, and is not a penalty: Upon the occasion of the first failure to receive Administrative Fees or a Quarterly Report, Supplier will receive a written warning. Supplier will have fifteen (15) days to correct the deficiency. Should Supplier fail to remit the Administrative Fee or Quarterly report, Supplier will be sent a second failure notice and have fifteen (15) days to correct the deficiency. This process will continue until the Administrative Fee and Quarterly report is submitted. In addition to the failure notices, Supplier will be subject to the following fees for each quarterly failure to pay Administrative Fee or submit a Quarterly report occurrence: 2nd failure: $ 1000.00 3rd failure: $ 1,500.00 4th failure: $ 2,500.00 5th failure: $ 5,000.00 UHC’s assessment of administrative costs in accordance with this Section will be in addition to any other rights and remedies UHC may have by reason of Supplier’s failure to pay the Administrative Fees or provide the Quarterly Reports within the time and manner required by this Agreement.
Supplier Delays. Subject to Section 7.13 and Section18, if the Supplier has not despatched the Products (or any of them) by the Despatch Date then: (a) the Customer may notify the Supplier in writing of the delay and require Delivery within ten (10) Business Days of such notice; and (b) if Delivery of those Products does not take place within that extended period then that Order (or the relevant part of it) will be deemed cancelled (and neither Party shall have any liability to the other in respect of that part of the Order) and the Customer may obtain similar products in respect of that Order from an alternative supplier (on the condition that it notifies the Supplier in advance of its intention to do so). 7.12 The Parties agree and acknowledge that Section 7.11 sets out the Customer’s only remedy for any delay or failure by the Supplier to Deliver the Products (in whole or in part) and any such delay or failure will not be a breach of the Agreement. The Supplier will not be liable for any loss or damage arising from or relating to its delay or failure to Deliver the Products including the Customer’s costs of obtaining similar products from an alternative supplier. 7.13 Customer Delays If the Customer fails to collect, or fails to accept any shipment of the Products or Delivery is delayed due to the Customer's carrier or a failure by the Customer to provide information or instructions that have been requested by the Supplier then: (a) risk will pass to the Customer on the Despatch Date; and/or (b) the Customer will reimburse the Supplier for any additional costs incurred (including for interim storage).
