UNDUE DELAY Sample Clauses

UNDUE DELAY. This motion to amend comes two years after the filing of the original complaint, and seven months after pro xxxx counsel appeared. The Second Circuit has repeatedly recognized that “[m]ere delay, . . . absent a showing of bad faith or undue prejudice, does not provide a basis for a district court to deny the right to amend.” Fluor Corp., 654 F.2d at 856; Xxxxxx x. Xxxxx, 93 F. Supp. 2d 487, 497 (S.D.N.Y. 2000). If, however, a motion to amend comes after a lengthy delay, “it is incumbent upon the movant to offer a valid explanation for the delay.” Deere v. The plaintiff attempts to excuse this delay, arguing that he had assumed, until the defendants asserted otherwise, that the case would hinge on whether the Xxxxxx contract was modified to allow Xx. Xxxxxx to keep Xx. Xxxxxxxxxx’x retainer, and that there was therefore no need to plead quasi-contractual claims. However, this explanation is not satisfying, since if there was no modification of the Xxxxxx contract, then there is no contract

UNDUE DELAY. 11.1 The Parties shall treat any undue delays, non-payment or non-completion within the time stipulated as a fundamental breach of contract and in that event shall be at liberty to determine the contract.

UNDUE DELAY. All Parties hereto agree, on the demand of the other party hereto, to execute or deliver any instrument, furnish any information or perform any other act reasonably necessary to carry out the provisions of this Agreement without undue delay or expense.