Common use of TIMING AND DELAYS Clause in Contracts

TIMING AND DELAYS. The Developer recognizes and agrees that failure to deliver the Website in accordance with the delivery schedule detailed in Exhibit A to this Agreement will result in expense and damage to the Company. The Developer shall inform the Company immediately of any anticipated delays in the delivery schedule and of any remedial actions being taken to ensure completion of the Application System according to such schedule. If a delivery date is missed, the Company may, in its sole discretion, declare such delay a material breach of the Agreement under subsection 4(a) and pursue all of its legal and equitable remedies. The Company may not declare a breach, and the Developer cannot be held in breach of this Agreement, of this section if such delay is caused by an action or failure of action of the Company. In such case, the Developer will provide the Company with written notice of the delay and work on the Application System will work until the reason for the delay has been resolved by the Company and written notice of that resolution has been provided to the Developer.

Appears in 10 contracts

Samples: Application Development Agreement (TYG Solutions Corp.), Application Development Agreement (TYG Solutions Corp.), Application Development Agreement (TYG Solutions Corp.)

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TIMING AND DELAYS. The Developer recognizes and agrees that failure to deliver the Website in accordance with the delivery schedule detailed in Exhibit A [EXHIBIT A] to this Agreement will result in expense and damage to the Company. The Developer shall inform the Company immediately of any anticipated delays in the delivery schedule and of any remedial actions being taken to ensure completion of the Application System according to such schedule. If a delivery date is missed, the Company may, in its sole discretion, declare such delay a material breach of the Agreement under subsection 4(a) and pursue all of its legal and equitable remedies. The Company may not declare a breach, and the Developer cannot be held in breach of this Agreement, of this section if such delay is caused by an action or failure of action of the Company. In such case, the Developer will provide the Company with written notice of the delay and work on the Application System will work until the reason for the delay has been resolved by the Company and written notice of that resolution has been provided to the Developer.

Appears in 2 contracts

Samples: Application Development Agreement, Application Development Agreement

TIMING AND DELAYS. The Developer recognizes and agrees that failure to deliver the Website in accordance with the delivery schedule detailed in Exhibit A to this Agreement will result in expense and damage to the Company. The Developer shall inform the Company immediately of any anticipated delays in the delivery schedule and of any remedial actions being taken to ensure completion of the Application System according to such schedule. If a delivery date is missed, the Company may, in its sole discretion, declare such delay a material breach of the Agreement under subsection 4(a) and pursue all of its legal and equitable remedies. The Company may not declare a breach, and the Developer cannot be held in breach of this Agreement, of this section if such delay is caused by an action or failure of action of the Company. In such case, the Developer will provide the Company with written notice of the delay and work on the Application System will work cease until the reason for the delay has been resolved by the Company and written notice of that resolution has been provided to the Developer.

Appears in 2 contracts

Samples: Mobile Application Development Agreement (Stream Flow Media, Inc.), Mobile Application Development Agreement (Stream Flow Media, Inc.)

TIMING AND DELAYS. The Developer recognizes and agrees that failure to deliver the Website Application in accordance with the delivery schedule detailed in Exhibit A to this Agreement will result in expense and damage to the Company. The Developer shall inform the Company immediately of any anticipated delays in the delivery schedule and of any remedial actions being taken to ensure completion of the Application System according to such schedule. If a delivery date is missed, the Company may, in its sole discretion, declare such delay a material breach of the Agreement under subsection 4(a) and pursue all of its legal and equitable remedies. The Company may not declare a breach, and the Developer cannot be held in breach of this Agreement, of this section if such delay is caused by an action or failure of action of the Company. In such case, the Developer will provide the Company with written notice of the delay and work on the Application System will work cease until the reason for the delay has been resolved by the Company and written notice of that resolution has been provided to the Developer.

Appears in 1 contract

Samples: Application Development Agreement (Synergetics, Inc.)

TIMING AND DELAYS. The Developer recognizes and agrees that failure to deliver the Website Application in accordance with the delivery schedule detailed in Exhibit A to this Agreement will result in expense and damage to the Company. The Developer shall inform the Company immediately of any anticipated delays in the delivery schedule and of any remedial actions being taken to ensure completion of the Application System according to such schedule. If a delivery date is missed, the Company may, in its sole discretion, declare such delay a material breach of the Agreement under subsection 4(a) and pursue all of its legal and equitable remedies. The Company may not declare a breach, and the Developer cannot be held in breach of this Agreement, of this section if such delay is caused by an action or failure of action of the Company. In such case, the Developer will provide the Company with written notice of the delay and work on the Application System will work shall not continue until the reason for the delay has been resolved by the Company and written notice of that resolution has been provided to the Developer.

Appears in 1 contract

Samples: Application Development Agreement (Traqer Corp)

TIMING AND DELAYS. The Developer recognizes and agrees that failure to deliver the Website application in accordance with the delivery schedule detailed in Exhibit A [EXHIBIT A] to this Agreement will result in expense and damage to the Company. The Developer shall inform the Company immediately of any anticipated delays in the delivery schedule and of any remedial actions being taken to ensure completion of the Application System according to such schedule. If a delivery date is missed, the Company may, in its sole discretion, declare such delay a material breach of the Agreement under subsection 4(a) and pursue all of its legal and equitable remedies. The Company may not declare a breach, and the Developer cannot be held in breach of this Agreement, of this section if such delay is caused by an action or failure of action of the Company. In such case, the Developer will provide the Company with written notice of the delay and cease work on the Application System will work component that is directly related to the delay until the reason for the delay has been resolved by the Company and written notice of that resolution has been provided to the Developer.

Appears in 1 contract

Samples: Application Development Agreement

TIMING AND DELAYS. The Developer recognizes and agrees that failure to deliver the Website Application in accordance with the delivery schedule detailed in Exhibit A to this Agreement will result in expense and damage to the CompanyClient. The Developer shall inform the Company Client immediately of any anticipated delays in the delivery schedule and of any remedial actions being taken to ensure completion of the Application System according to such schedule. If a delivery date is missed, the Company Client may, in its sole discretion, declare such delay a material breach of the Agreement under subsection 4(a) and pursue all of its legal and equitable remedies. The Company Client may not declare a breach, and the Developer cannot be held in breach of this Agreement, of this section if such delay is caused by an action or failure of action of the CompanyClient. In such case, the Developer will provide the Company Client with written notice of the delay and work on the Application System will work until the reason for the delay has been resolved by the Company Client and written notice of that resolution has been provided to the Developer.

Appears in 1 contract

Samples: Application Development Agreement (ClickStream Corp)

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TIMING AND DELAYS. The Developer recognizes and agrees that failure to deliver the Website in accordance with the delivery schedule detailed in Exhibit A to this Agreement will result in expense and damage to the Company. The Developer shall inform the Company immediately of any anticipated delays in the delivery schedule and of any remedial actions being taken to ensure completion of the Application System Website according to such schedule. If a delivery date is missed, the Company may, in its sole discretion, declare such delay a material breach of the Agreement under subsection 4(a) and pursue all of its legal and equitable remedies. The Company may not declare a breach, and the Developer cannot be held in breach of this Agreement, of this section if such delay is caused by an action or failure of action of the Company. In such case, the Developer will provide the Company with written notice of the delay and work on the Application System will work Website shall not continue until the reason for the delay has been resolved by the Company and written notice of that resolution has been provided to the Developer.

Appears in 1 contract

Samples: Website Development Agreement

TIMING AND DELAYS. The Developer recognizes and agrees that failure to deliver the Website Application in accordance with the delivery schedule detailed in Exhibit A to this Agreement will result in expense and damage to the Company. The Developer shall inform the Company immediately of any anticipated delays in the delivery schedule and of any remedial actions being taken to ensure completion of the Application System according to such schedule. If a delivery date is missed, the Company may, in its sole discretion, declare such delay a material breach of the Agreement under subsection 4(a) and pursue all of its legal and equitable remedies. The Company may not declare a breach, and the Developer cannot be held in breach of this Agreement, of this section if such delay is caused by an action or failure of action of the Company. In such case, the Developer will provide the Company with written notice of the delay and work on the Application System will work until the reason for the delay has been resolved by the Company and written notice of that resolution has been provided to the Developer.

Appears in 1 contract

Samples: Application Development Agreement (Spelzon Corp)

TIMING AND DELAYS. The Developer recognizes and agrees that failure to deliver the Website application in accordance with the delivery schedule detailed in Exhibit A to this Agreement will result in expense and damage to the Company. The Developer shall inform the Company immediately of any anticipated delays in the delivery schedule and of any remedial actions being taken to ensure completion of the Application System according to such schedule. If a delivery date is missed, the Company may, in its sole discretion, declare such delay a material breach of the Agreement under subsection 4(a) and pursue all of its legal and equitable remedies. The Company may not declare a breach, and the Developer cannot be held in breach of this Agreement, of this section if such delay is caused by an action or failure of action of the Company. In such case, the Developer will provide the Company with written notice of the delay and work on the Application System will work until the reason for the delay has been resolved by the Company and written notice of that resolution has been provided to the Developer.

Appears in 1 contract

Samples: Application Development Agreement

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