Suspension of performance for BUYER's convenience Sample Clauses

Suspension of performance for BUYER's convenience. At the BUYER's sole discretion, the BUYER shall have the recurring right, exercisable at any time, subject to giving forty-five (45) calendar days written notice to the BUILDER, to suspend performance under this Contract in which case the BUILDER shall promptly forward to the BUYER all completed or uncompleted drawings, reports and other documents related to the BUILDER's performance under this Contract and the following provisions shall apply: - The BUYER shall pay the BUILDER the sum of (i) progress payments due under the terms of the Contract prior to the date of suspension (to the extent not already paid), (ii) the BUILDER's audited additional costs, including overhead, directly related to this Contract up to the date of suspension; (iii) the BUILDER's audited direct costs, including overhead, to mothball the VESSEL in preparation for the suspension period; (iv) a fee of Twenty
Sample 1
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Suspension of performance for BUYER's convenience. At the BUYER's sole discretion, the BUYER shall have the recurring right, exercisable at any time, subject to giving forty-five (45) calendar days written notice to the BUILDER, to suspend performance under this Contract in which case the BUILDER shall promptly forward to the BUYER all completed or uncompleted drawings, reports and other documents related to the BUILDER's performance under this Contract and the following provisions shall apply: - The BUYER shall pay the BUILDER the sum of (i) progress payments due under the terms of the Contract prior to the date of suspension (to the extent not already paid), (ii) the BUILDER's audited additional costs, including overhead, directly related to this Contract up to the date of suspension; (iii) the BUILDER's audited direct costs, including overhead, to mothball the VESSEL in preparation for the suspension period; (iv) a fee of Twenty Thousand United States Dollars (U.S.$20,000) per day during the period of suspension; and (v) (the BUILDER's audited direct costs, including overhead, to reactivate the construction of the VESSEL. - The BUILDER shall immediately and in consultation with the BUYER revise its work schedule or program so as to reduce as much as possible the consequences to the BUYER flowing or which may flow from such suspension. - The BUILDER shall use its best endeavors to maintain, redeploy, transfer or retain its personnel and equipment in any part of the work not suspended at the same time or in any other work for the BUYER or its affiliates under other contracts.
Sample 1

Related to Suspension of performance for BUYER's convenience

  • Suspension of Performance During the period that the performance by one of the parties of its obligations under this Agreement has been suspended by reason of an event of Force Majeure, the other party may likewise suspend the performance of all or part of its obligations hereunder to the extent that such suspension is commercially reasonable.

  • Suspension of Performance Disbursement Into Court If at any time, there shall exist any dispute between the Company and the Investor(s) with respect to holding or disposition of any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, or if at any time Escrow Agent is unable to determine, to Escrow Agent's sole satisfaction, the proper disposition of any portion of the Escrow Funds or Escrow Agent's proper actions with respect to its obligations hereunder, or if the parties have not within thirty (30) days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 9 hereof, appointed a successor Escrow Agent to act hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:

  • Suspension of Performance or Disbursement Into Court If, at any time, (i) there shall exist any dispute between Broker, Issuer, NCPS, any Subscriber or any other person with respect to the holding or disposition of all or any portion of the Escrow Funds or any other obligations of NCPS hereunder, or (ii) if at any time NCPS is unable to determine, to NCPS’s reasonable satisfaction, the proper disposition of all or any portion of the Escrow Funds or NCPS’s proper actions with respect to its obligations hereunder, or (iii) if Broker and Issuer have not within 30 days of the furnishing by NCPS of a notice of resignation pursuant to Section 7 hereof appointed a successor NCPS to act hereunder, then NCPS may, in its reasonable discretion, take either or both of the following actions:

  • Vesting of Performance Shares As long as you remain employed with PG&E Corporation, the Performance Shares will vest on the first business day of March (the “Vesting Date”) of the third year following the date of grant specified in the cover sheet. Except as described below, all Performance Shares subject to this Agreement that have not vested shall be forfeited upon termination of your employment.

  • Excuse of Performance Grantor's and Licensee's performance (other than Licensee's obligation to pay for Products or other fees or monetary obligations in accordance herewith, which shall not be excused) hereunder shall be excused if (but only for so long as) any of the following conditions or events occur and are continuing: Labor conflicts, strikes, lock-outs, fires, explosions, war, civil disturbances, unforeseen military action, governmental action, requisitions or seizures, delays of subcontractors or vendors, unavailability of raw materials or transport facilities, acts of God or nature, or any other condition or event which is beyond the reasonable control of Grantor or Licensee, as the case may be.

  • Manner of Performance All Alterations must be performed: (i) in accordance with the approved plans, specifications and working drawings; (ii) in a lien-free and first-class and workmanlike manner; (iii) in compliance with all applicable permits, laws, statutes, ordinances, rules, regulations, orders and rulings now or hereafter in effect and imposed by any governmental agencies and authorities which assert jurisdiction; (iv) in such a manner so as not to interfere with the occupancy of any other tenant in the Building, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building; and (v) at such times, in such manner, and subject to such rules and regulations as Landlord may from time to time reasonably designate.

  • Limitations of Performance The Custodian shall not be responsible under this Agreement for any failure to perform its duties, and shall not be liable hereunder for any loss or damage in association with such failure to perform, for or in consequence of the following causes:

  • Prevention or Delay of Performance by the Company or the Depositary Neither the Depositary nor the Company nor any of their respective directors, employees, agents or affiliates shall incur any liability to any Owner or Holder:

  • Payment of Performance Shares Payment of any Performance Shares that become earned as set forth herein will be made in the form of Common Shares, in cash, or in a combination of the two, as determined in the sole discretion of the Committee. Payment will be made as soon as practicable after the receipt of audited financial statements of the Corporation relating to the last fiscal year of the Performance Period and with respect to Covered Employees, the determination by the Committee of the level of attainment of the Management Objectives. Performance Shares will be forfeited if they are not earned at the end of the Performance Period and, except as otherwise provided in this Agreement, if the Grantee ceases to be employed by the Corporation or a Subsidiary at any time prior to such shares becoming earned.

  • Time of Performance Except as expressly otherwise herein provided, with respect to all required acts of Tenant, time is of the essence of this Lease.

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