Late Deliveries i. When applicable, delivery must be made as ordered or as directed by Battelle and confirmed by the Seller when not in conflict with the original order. The decisions of Battelle as to reasonable compliance with delivery terms shall be final. The burden of proof of delay in receipt of goods by Battelle shall rest with the Seller.
Late Deliveries. In the event that Supplier fails to deliver some quantity of Products in accordance with the Purchase Order, Customer shall grant Supplier a [***] business day grace period to correctly fulfill the delivery. Without limiting Customer’s other remedies, if, after this grace period Supplier has still failed to deliver the Product in accordance with this Agreement, and the cause of any such delay is attributable to Supplier, then (a) the Parties shall immediately escalate the issue to their respective upper management teams, who will create and implement an Action Plan to address the issue and prevent further delay and (b) Supplier shall bear all reasonable costs, including any applicable expedited shipping costs to deliver the applicable Products as soon as possible following the originally scheduled delivery date. If Supplier fails to deliver the requested Products within [***] business days following the scheduled delivery date for reasons attributable to Supplier in [***] or more occasions during a single [***], the price payable by Customer to Supplier for each delayed Delivery Lot other than that [***]’s first delayed Delivery Lot will be reduced by [***] per [***] until the date of actual delivery unless agreed by both Parties due to some unexpected circumstances. For purposes of clarity, it is agreed to by the Parties that the price of the first delayed Delivery Lot in any given [***] shall not be reduced. Supplier and Customer acknowledge and agree that (i) [***]; (ii) [***]; and (iii) as of the Effective Date, [***]. Supplier shall have no liability if the delivery or manufacturing of the Products is delayed for reasons solely attributable to Customer, including, without limitation, the failure to timely deliver required Components Customer has agreed to source.
Late Deliveries. 28.1 If the Seller cannot meet the agreed delivery schedule or that such a delay seems likely, the Seller shall notify CMC in writing of the reason for the delay and the new delivery time.
Late Deliveries. The Supplier is required to notify Buyer in writing immediately if there is any reason to believe that the time of delivery agreed upon cannot be met. Such notification shall state the reason as well as the probable length of the delay. The Supplier is responsible for all direct and potential indirect losses that Buyer suffers and that could have been avoided if the Supplier had informed Buyer in due time or if Supplier is unable to resume deliveries according to schedules within a reasonable time. In case of a delay of delivery, failure to comply with the delivery schedules or shipping requirements the Buyer is entitled to compensation for any damages, losses, costs and expenses incurred.
Late Deliveries. In the event a shipment does not meet the delivery date, due to Jabil’s negligence, specified in the order, unless mutually agreed upon, Company may change shipping to premium transportation upon request. In that event, Jabil shall bear the expense of any difference in freight costs for the premium transportation. In the event the delay is due to a Supplier’s failure to perform and/or deliver or Gigamon’s failure to perform or deliver, then Gigamon shall bear the expense of any difference in freight costs for the premium transportation.
Late Deliveries. Supplier shall notify Cisco and any affected Cisco Authorized Purchasers promptly if Supplier reasonably anticipates that delivery consistent with CT2R may be delayed. In the event that delivery is delayed for more than [****] business days for reasons caused in whole or in substantial part by Supplier and the parties cannot reasonably agree on a new delivery date, Cisco or its Authorized Purchaser may reschedule or cancel the affected Order(s) without penalty and Supplier shall not be liable to Cisco or any Authorized Purchaser for any monetary damages resulting from such delay, reschedule or cancellation, or assume any liability in connection with the shipment, nor shall the carrier be deemed an agent of Supplier.
Late Deliveries. NUVO will deliver the Supplied Products on time in full. Any deviation, greater than described in Section 3.2.4, from a Purchase Order is to be communicated to Horizon Pharma as soon as is practicable, but in no case more than […***…] days following the time that NUVO becomes aware that a deviation is likely to occur, in order to enable Horizon Pharma to take necessary action to minimize any negative effects in the market. Should all or part of a Purchase Order be delivered late against the delivery schedule established in accordance with this Agreement (a “Late Delivery”), Horizon Pharma and NUVO shall meet as necessary to amicably resolve the reasons for the Late Delivery and to agree on corrective actions within one month of the requested delivery date. Should Horizon Pharma be dissatisfied, acting reasonably, with the resolution concerning the Late Delivery under this Section 3.3, or if the Parties are unable to agree on such resolution, NUVO shall credit Horizon Pharma with the following rebate against any payment due under Article 4 of this Agreement for the Supplied Product delivered late; for a delivery that is […***…] late, a […***…] rebate shall be paid; for a delivery that is […***…] late, a […***…] rebate shall be paid; for a delivery that is […***…] late a […***…] rebate shall be paid. Should the delivered quantity of a Purchase Order be below the quantity stated in the delivery schedule (a “Quantity Shortfall”), Horizon Pharma and NUVO shall meet as necessary to amicably resolve the reasons for the Quantity Shortfall and to agree on corrective actions within […***…] of the requested delivery date. Should Horizon Pharma be dissatisfied, acting reasonably, with the resolution concerning the Quantity Shortfall under this Section 3.3, or if the Parties are unable to agree on such resolution, NUVO shall credit Horizon Pharma with the following rebate against payment due under Article 4 of this Agreement for the full volume of Supplied Product required on the delivery date; for a delivery that is between […***…] of the full volume of Supplied Product required a […***…] rebate shall be paid; for a delivery that is between […***…] of the full volume of Supplied Product required a […***…] rebate shall be paid; for a delivery that is less than […***…] of the full volume of Supplied Product required a […***…] rebate shall be paid. NUVO shall only be obligated to provide one rebate per order (i.e., NUVO shall provide the rebate provided above for the Lat...
Late Deliveries. Supplier shall notify Cisco and any affected Cisco Authorized Purchasers promptly if Supplier reasonably anticipates that delivery may be delayed. In the event that the parties cannot agree on a new delivery date, Cisco or its Authorized Purchaser may reschedule or cancel the affected Order(s) without penalty.
Late Deliveries. Delivery made within [*] of the delivery dates specified in Purchase Orders and in accordance with 12.3 “Shipping Terms” accepted by Seller are deemed timely delivery. Buyer shall not be entitled to damages or specific performance for any material failure by Seller to timely meet such delivery schedules when such failure is the result of any act or omission of Buyer, its employees or Agents. For each [*] of late delivery a price reduction of [*] penalty will applied up to but not exceeding [*]. Late Deliveries of any Products shall be subject to special Purchase Order cancelation rights of Buyer in accordance with the following:
Late Deliveries. Supplier may not deliver such Products more than seven calendar days before or after the specified Delivery Dates. Except in the case of a Force Majeure Event, if Supplier fails to deliver any Products within seven calendar days after the applicable Delivery Date, then in addition to its other rights under this Agreement, Customer may impose a penalty equal to 1.5% of the aggregate price of the Products that have not yet been delivered, and may continue to charge such penalty for each seven-day period that such Products remain undelivered (pro-rated for partial periods). In addition, if (A) Supplier notifies Customer that Supplier is unable or unwilling to deliver all of the Products specified in a Firm Order by a date that is ten weeks after the Delivery Date specified in a Firm Order or (B) Customer can reasonably demonstrate that delivery delays have caused, or are reasonably likely to cause, Customer to lose the commercial opportunity for which the Products were intended (for example, by the operation of binding provisions in the contract with the intended Customer counterparty), then Supplier must pay to Customer a penalty equal to 15% of the total purchase price of the undelivered Products in Firm Orders. The Parties agree that because the exclusivity obligations under this Agreement preclude Customer from procuring competing Products for use in the Territory, the penalties described in this Section 6(b) reflect a reasonable estimate of the Damages to Customer if Supplier fails to meet its delivery schedule.
