Performance Delay. Time is of the essence in the Vendor’s performance of this Agreement. If at any time it appears to Vendor that it may not meet any of the performance schedules or the scheduled completion date of the services to be performed for any reason, including labor disputes, Vendor shall immediately by verbal means (to be confirmed in writing) notify Customer of the reasons for and the estimated duration of such delay. If requested by Customer, Vendor shall make every effort to avoid or minimize the delay to the maximum extent possible including the expenditure of premium time. Any additional cost caused by these requirements of Customer shall be borne by Vendor, unless the delay in performance arises out of causes beyond the control and without the fault or negligence of Vendor or its subcontractors within the meaning of the Cancellation- Default clause herein. The foregoing requirements are in addition to any of Customer’s other rights and remedies as may be provided by law or this Agreement.
Performance Delay. Time is of the essence in the Lessor’s performance of this Agreement. If at any time it appears to Lessor that it may not meet any of the performance schedules or the scheduled completion date of the services to be performed for any reason, including labor disputes, Lessor shall immediately by verbal means (to be confirmed in writing) notify Lessee of the reasons for and the estimated duration of such delay. If requested by Xxxxxx, Lessor shall make every effort to avoid or minimize the delay to the maximum extent possible including the expenditure of premium time. Any additional cost caused by these requirement of Lessee shall be borne by Lessor, unless the delay in performance arises out of causes beyond the control and without the fault or negligence of Lessor or its subcontractors within the meaning of the Cancellation-Default clause herein. The foregoing requirements are in addition to any of Xxxxxx’s other rights and remedies as may be provided by law or this Agreement.
Performance Delay. Time is of the essence in the Licensor’s performance of this Agreement. If at any time it appears to Licensor that it may not meet any of the performance schedules or the scheduled completion date of the services to be performed for any reason, including labor disputes, Licensor shall immediately by verbal means (to be confirmed in writing) notify customer of the reasons for the estimated duration of such delay. If requested by Customer, Licensor shall make every effort to avoid or minimize the delay to the maximum extent possible including the expenditure of premium time. Any additional cost caused by these requirements of Customer shall be borne by Licensor, unless the delay in performance arises out of causes beyond the control and without the fault or negligence of Licensor or its subcontractors within the meaning of the Cancellation- Default clause herein. The foregoing requirements are in addition to any of Customer’s other rights and remedies as may be provided by law or this Agreement.
Performance Delay. The time for performance of a Party impacted by a Force Majeure Event, other than the satisfaction of payment obligations that have accrued under this Agreement, is excused, without liability, for the duration of time that the Force Majeure Event impairs such Party’s ability to perform its obligations under this Agreement.
Performance Delay. 7.1. Unless otherwise agreed in writing, any time or period given for delivery, despatch, performance or completion shall be of the essence. The Supplier shall notify the Company immediately it is aware of any possible delay in delivery, despatch, completion or performance.
7.2. The Company reserves the right to reject Goods or Services not delivered or performed on time and/or cancel the whole or any part of the Order of which such Goods or Services, form part and/or to return any Goods already delivered which by virtue of such rejection or cancellation are no longer of use. Such rights of rejection, cancellation or return shall be available to the Company irrespective of the cause of delay, without prejudice to the Company's right to damages and any other remedies against the Supplier for breach of contract and without any liability of whatever nature on the Company. The return of rejected Goods shall be at the Supplier’s cost and risk.
7.3. No concession with respect to delays in delivery, despatch, completion or performance shall be construed as a waiver of any of the Company's rights and unless such waiver is specifically agreed in writing and signed by a duly authorised representative of the Company.
7.4. The Company shall be entitled at its option either to cancel or postpone the Order or any unexecuted part thereof if necessary for any reason beyond the reasonable control of the Company.
Performance Delay. All work will be performed in a timely manner and/or as required by the Agreement. Owner acknowledges that Contractor will be excused for any delay, including, but not limited to, material shortages, acts of God, labor disputes, inclement weather, acts of public authority, acts of the Owner, scheduling issues or other unforeseen contingencies.
Performance Delay. Should Contractor be delayed in the prosecution or completion of the work by the act, neglect, or default of Owner, or of any other Contractor employed by the Owner, or by any damage caused by fire or other casualty for which Contractor is not responsible, then the time fixed for the completion of the work shall be extended for a period equivalent to the time lost by reason of such causes; but no such allowance shall be made unless a claim is presented in writing by Contractor to Owner, within 48 hours of the occurrence of such delay.
Performance Delay
