Timely Delivery and Performance. Time is of the essence in Supplier’s performance of the Agreement. University is relying upon the promised Merchandise delivery date and/or performance date for Services set forth in the Agreement. If Supplier fails to deliver or perform as and when promised, University, in its sole discretion, may terminate the Agreement, PO, or any part thereof, without prejudice to its other rights, return all or part of any shipment made, and charge Supplier with any loss or expense sustained as a result of such failure to deliver or perform as promised.
Appears in 8 contracts
Samples: Purchase Order Terms and Conditions, Purchase Order Terms and Conditions, Purchase Order Terms and Conditions
