Examples of Firm Delivery Schedule in a sentence
If either Party for any given calendar quarter fails to deliver or take delivery respectively of the agreed fixed volume as set out in a Firm Delivery Schedule for such quarter, liquidated damages shall be paid by the non-fulfilling Party as compensation to the other Party (“Capacity-LD’s”).
The Parties have agreed that the above capacity LDs will not be applicable to any deliveries which according to the Firm Delivery Schedule should have been made prior to September 30th 2007.
However, if the volume of Products not being delivered or purchased respectively for a given quarter exceeds 20 % (twenty percent) of the agreed fixed volume as set out in a Firm Delivery Schedule for such quarter the Capacity LD for such volume in excess of 20% non-fulfilment shall be 35% (thirty five percent) of the purchase value of the volume of Products not being delivered or purchased respectively.
Firm Delivery Schedule for 2007-2010 For the calendar years 2007 — 2010 the Parties agree that Appendix A constitutes the Firm Delivery Schedule for the number of Products to be purchased by VESTAS and irrevocably delivered by ZOLTEK to VESTAS in calendar year 2007-2010 and on the weekly and monthly basis as specified in Appendix A.
Firm Delivery Schedule for 2011 and onwards No later than on 31 December 2008 the Parties shall negotiate and agree on a Firm Delivery Schedule for 2011.
For the sake of good order it is emphasized that VESTAS’ obligations under any Firm Delivery Schedule is subject to the availability and delivery from ZOLTEK of Products fulfilling agreed quality requirements at agreed time of delivery.
Moreover, in addition to and independent of the above, if and to the extent a Party does not fulfil its obligations to deliver and/or to purchase/pay respectively in accordance with the scheduled delivery days/weeks set out in an agreed Firm Delivery Schedule, the other Party is without limitation entitled to rely on such other agreed remedies set out in this Second Trade Agreement.
Finally, it is emphasized that fulfilment of orders on an agreed Firm Delivery Schedule, cf.
Any spot volume orders placed by VESTAS and confirmed by ZOLTEK will for the purpose of this provision only be incorporated into the Firm Delivery Schedule for any relevant calendar quarter and consequently any delay in delivery of such spot volumes shall be taken into account when calculating the above Capacity LD.
Nothing herein shall affect the obligation of both Parties to make/take delivery of Products in accordance with an applicable Firm Delivery Schedule.