Timeliness of Delivery Sample Clauses

Timeliness of Delivery. Unless otherwise agreed, delivery times shall be as set forth in the applicable Order. EnerDel shall use commercially reasonable efforts to meet the agreed upon time of delivery for each Order. In the event that EnerDel has reason to believe that a delivery will be delayed, Think shall be notified promptly about the extent and cause of the delay. EnerDel shall use its commercially reasonable efforts to minimize the extent of any such delay. If Think requests any changes to the date or place of delivery of any Units, the Parties will negotiate in good faith an adjustment to the price and, if applicable, the delivery schedules. EnerDel shall be responsible for any demonstrable loss incurred by Think to the extent directly caused by EnerDel’s delay (and such delay is not caused by Force Majeure, Think or the carrier), provided that such recourse against EnerDel shall not exceed the purchase price of the Units subject to such delayed shipment. If there has been a delay caused by EnerDel (and such delay is not caused by Force Majeure, Think or the carrier), Think may request shipment of the Units subject to such delay by a more expeditious and commercially reasonable method of transportation, and EnerDel shall cover the extra costs of such transportation.
Sample 1Sample 2
AutoNDA by SimpleDocs
Timeliness of Delivery. In its examples, the Offeror shall provide evidence of how it met interim milestones, controlled supplier performance, provided reliable delivery, was responsive to technical direction, and completed work on time.
Sample 1
Timeliness of Delivery. 5.1.1. Timeliness of Xxxxxxx Xxxx Delivery
Sample 1
Timeliness of Delivery. 21 5.5. Staffing ............................................. 21 5.5.1. OptiMark..................................... 21 5.5.2. JOS.......................................... 21 5.6. Availability.......................................... 22 5.6.1. OptiMark Staff............................... 22 5.6.2. JOS Xxxff.................................... 22 5.7.
Sample 1
Timeliness of Delivery. If JOS xxxuests an Enhancement which is required as a direct result of OSE and/or MOF imposing new regulatory requirements, then OptiMark will make commercially reasonable good faith efforts to provide such additional functionality to JOS xxxor to any deadlines imposed by OSE or MOF. If JOS xxxuests an Enhancement which is not required as a direct result of OSE and/or MOF imposing new regulatory requirements, then OptiMark will make commercially reasonable good faith efforts to provide such additional functionality to JOS xx a date to be mutually agreed upon by JOS xxx OptiMark.
Sample 1
Timeliness of Delivery. It is of essence to this Agreement that Epic delivers the Product at the date of shipment stated in the order confirmation. If for any reason Epic believes that delivery of any Purchase Order will be delayed, Epic shall promptly advise Mikah as well as the new anticipated delivery date. If Epic fails to deliver the full quantity of Product on or before the delivery date specified in the applicable confirmed Purchase Order, for any reason other than Force Majeure, Epic shall compensate Mikah for any losses or fines imposed by its direct or indirect customer, and Mikah shall have the right to find or use a second source for the supply of the Product.
Sample 1
Timeliness of Delivery. It is of essence to this Agreement that Elite delivers the Product at the date of shipment stated in the order confirmation. If for any reason Elite believes that delivery of any Purchase Order will be delayed, Elite shall promptly advise Mikah as well as the new anticipated delivery date. If Elite fails to deliver the full quantity of Product on or before the delivery date specified in the applicable confirmed Purchase Order, for any reason other than Force Majeure, Elite shall compensate Mikah for any losses or fines imposed by its direct or indirect customer, and Mikah shall have the right to find or use a second source for the supply of the Product.
Sample 1
AutoNDA by SimpleDocs
Timeliness of Delivery a. COMP-AID reserves the right to take up to 60 working days, from date of receipt of MODULE by COMP-AID (as noted in Article 5a), in which to perform the structuring service, and deliver those items noted in Article 6 to the CLIENT. The date of postmark of COMP-AID's shipment of items noted in Article 6 shall xxxx the end of the structuring period.
Sample 1

Related to Timeliness of Delivery

  • Terms of Delivery The Terms of Delivery are contained in the General Conditions of Contract (GCC) and Special Conditions of Contract.

  • Time of Delivery Any notice delivered personally or by fax during normal business hours at an address specified above shall be deemed to be received the same Business Day, and any notice sent by mail or otherwise will be deemed to be received on the following Business Day. Any Party shall be entitled to change its address for notice to an address elsewhere in Alberta by notice in writing to the other Parties.

  • Method of Delivery Free delivery of the Shares to the Manager’s account at The Depository Trust Company in return for payment of the purchase price. Time of Delivery: Closing Location: Documents to be Delivered: The following documents referred to in the Equity Distribution Agreement shall be delivered as a condition to the closing at the Time of Delivery [and on any Option Closing Date]:

  • DATE OF DELIVERY OF PUT NOTICE A Put Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by Investor if such notice is received on or prior to 12:00 noon New York time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon New York time on a Trading Day or at anytime on a day which is not a Trading Day.

  • Date of Delivery Any notice so addressed shall be deemed to be given or received (i) if delivered by hand, on the date of such delivery, (ii) if mailed by courier or by overnight mail, on the first business day following the date of such mailing, and (iii) if mailed by registered or certified mail, on the third business day after the date of such mailing.

  • Timeliness of Instructions In giving an Instruction, the Fund shall take into consideration delays which may occur due to the involvement of a Subcustodian or agent, differences in time zones, and other factors particular to a given market, exchange or issuer. When the Custodian has established specific timing requirements or deadlines with respect to particular classes of Instruction, or when an Instruction is received by the Custodian at such a time that it could not reasonably be expected to have acted on such instruction due to time zone differences or other factors beyond its reasonable control, the execution of any Instruction received by the Custodian after such deadline or at such time (including any modification or revocation of a previous Instruction) shall be at the risk of the Fund.

  • Subsequent Delivery of Comfort Letters The Company covenants and agrees with the Agents that, subject to the provisions of Section 4(m) hereof, each time that (1) the Registration Statement or the Prospectus shall be amended or supplemented to include additional financial information, (2) there is filed with the Commission any document incorporated by reference into the Prospectus which contains additional financial information or (3) if required pursuant to the terms of a Terms Agreement, upon the Company’s sale of Notes to one or more Agents pursuant to such Terms Agreement, the Company shall cause PricewaterhouseCoopers LLP, or other independent certified public accountants reasonably satisfactory to the Agents, forthwith to furnish the Agents with a letter, dated the date of filing with the Commission of such supplement or document, the date of effectiveness of such amendment, or the date of such sale, as the case may be, in form reasonably satisfactory to the Agents, of substantially the same tenor as the letter referred to in Section 5(c) hereof but modified to relate to the Registration Statement and Prospectus, as amended and supplemented to the date of such letter, and with such changes as may be necessary to reflect changes in the financial statements and other information derived from the accounting records of the Company; provided, however, with respect to a letter furnished in connection with the incorporation by reference into the Prospectus of a Quarterly Report on 10-Q or an Annual Report on Form 10-K, the letter shall be dated the business day immediately following the date of the filing with the Commission of such report; further provided, however, that if the Registration Statement or the Prospectus is amended or supplemented solely to include financial information as of and for a fiscal quarter, PricewaterhouseCoopers LLP, or other independent certified public accountants reasonably satisfactory to the Agents, may limit the scope of such letter to the unaudited financial statements included in such amendment or supplement unless any other information included therein of an accounting, financial or statistical nature is of such a nature that, in the reasonable judgment of the Agents, such letter should cover such other information.

  • Subsequent Delivery of Legal Opinions Each time that (i) the Registration Statement or the Prospectus shall be amended or supplemented (other than by an amendment or supplement providing solely for a change in the interest rates of the Notes or similar changes or solely for the inclusion of additional financial information, and, unless the Agents shall otherwise reasonably specify, other than by an amendment or supplement that relates exclusively to an offering of debt securities other than the Notes), (ii) there is filed with the SEC any document incorporated by reference into the Prospectus (other than any proxy statement or Current Report on Form 8-K relating exclusively to the issuance of debt securities other than the Notes or to quarterly or annual financial information that has been announced to the general public or, unless the Agents shall otherwise reasonably request, any other Current Report on Form 8-K or any Quarterly Report on Form 10-Q), (iii) (if required pursuant to the terms of a Terms Agreement) the Company sells Notes to one or more Agents pursuant to a Terms Agreement or (iv) the Company shall approve a form of Indexed Note for sale, the Company shall furnish or cause to be furnished forthwith to the Agents and to counsel to the Agents a written opinion of counsel reasonably satisfactory to the Agents, dated the date of filing with the SEC of such supplement or document, the date of effectiveness of such amendment, or the date of such sale, as the case may be, in form and substance satisfactory to the Agents, of the same tenor as the opinions referred to in Sections 5(a)(1) and (2) hereof, but modified, as necessary, to relate to the Registration Statement and the Prospectus as amended and supplemented to the time of delivery of such opinion or, in lieu of any such opinion, counsel last furnishing such opinion to the Agents shall furnish the Agents with a letter to the effect that the Agents may rely on such last opinion to the same extent as though it was dated the date of such letter authorizing reliance (except that statements in such last opinion shall be deemed to relate to the Registration Statement and the Prospectus as amended and supplemented to the time of delivery of such letter authorizing reliance); PROVIDED, HOWEVER, that, in the event that an Indexed Note has been approved for sale by the Company, counsel to the Company shall also confirm the exclusion or exemption of such Indexed Note from the Commodity Exchange Act and the rules and regulations promulgated thereunder; and PROVIDED, FURTHER, that, if the Agents shall have suspended solicitation of purchases of the Notes in their capacity as agents pursuant to a request from the Company, and none of the Agents shall then hold any Notes as principal purchased pursuant to a Terms Agreement (or, if any Agent holds Notes as principal pursuant to a Terms Agreement, such Agent has held such Notes for more than 180 days), the Company shall not be obligated so to furnish the Agents with opinions until such time that the Company shall determine that solicitation of purchases of the Notes should be resumed or shall subsequently enter into a new Terms Agreement with one or more Agents.

  • Delivery Notice Notice of the Aircraft's Delivery Date, given by the Lessee as provided in Section 3.01 of the Participation Agreement and including any notice with respect to a postponed Delivery Date given by the Lessee pursuant to Section 3.05(c) of the Participation Agreement.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!