Examples of Expected Initial Delivery Date in a sentence
Each Party agrees that (i) the damages that Xxxxx would incur due to Seller’s delay in achieving the Expected Initial Delivery Date would be difficult or impossible to predict with certainty and (ii) the Delay Damages are an appropriate approximation of such damages.
If Seller has not achieved the Initial Delivery Date as of the Expected Initial Delivery Date because of a Force Majeure event, Seller is not responsible for paying Delay Damages for the period extending to the first day following a day-for-day extension of the same duration as the Force Majeure event.
If Seller cannot meet the Expected Initial Delivery Date as a result of a Force Majeure event declared by Seller in accordance with Article Two, then Seller shall work diligently to resolve the effect of the Force Majeure and provide evidence of its efforts promptly upon Xxxxx’s written request.
Each Critical Milestone and the Expected Initial Delivery Date shall be extended on a day-for-day basis without the payment of liquidated damages, not exceeding an aggregate extension of 365 days, to the extent that such Critical Milestone or Expected Initial Delivery Date is delayed as a result of a Force Majeure Event invoked by the Seller in accordance with Section 3.11.
If such an Event of Default occurs, then any time prior to the satisfaction of the conditions precedent, Buyer may elect to exercise the remedies that are available upon an Event of Default pursuant to Article V, or in the alternative, Buyer will have the option to extend the end date of the Services Term by a period equal to the difference between the Expected Initial Delivery Date and actual Initial Delivery Date.