Remedies for Delay Sample Clauses

Remedies for Delay. If Supplier fails to meet a Contract Milestone, then subject to clause 26.3 (Extensions of time), but without prejudice to any other right or remedy of Spark: (a) subject to the other provisions of the Agreement, Spark will be entitled to claim liquidated damages from Supplier for the period from the Due Date of the relevant Contract Milestone up to but excluding the date on which the Contract Milestone is met, at the applicable rate(s) set out in the relevant Letter Agreement or PO; (b) if Supplier fails to meet the Contract Milestone by the end of the Milestone Remedy Period, then at any time thereafter, unless and until Supplier has met that Contract Milestone, Spark may terminate the Agreement with immediate effect by written notice to Supplier, in which case Spark may also terminate any other related Agreement with Supplier; and
Sample 1Sample 2Sample 3See All (4)
AutoNDA by SimpleDocs
Remedies for Delay. In the event of material impact to AURA operations, AURA shall have the right to reduce the contract price by an amount commensurate to the cost impact to AURA caused by the delay. Further, in the event that AURA cannot reasonably endure the delay in performance, AURA may terminate the Contract.
Sample 1Sample 2Sample 3
Remedies for Delay. If delivery is not completed as prescribed above, MACOM may, by written notice of default to Seller, without liability to MACOM and in addition to its other rights and remedies: (a) cancel the Order in whole or in part; (b) extend the time for delivery in which event Seller shall ship or otherwise furnish, by the most expeditious means, the goods or services not delivered on time, with Seller responsible for paying any extra costs incurred as a result; and (c) procure upon such terms as MACOM shall deem appropriate, goods or services similar to those so cancelled, in which case Seller shall continue performance of this Order to the extent not cancelled and shall be liable to MACOM for any excess costs for such similar goods or services and any expenses incurred in connection therewith.
Sample 1Sample 2Sample 3
Remedies for Delay. If Supplier fails to meet a Contract Milestone, then subject to clause 24.3 (Extensions of time), but without prejudice to any other right or remedy of Spark NZT:
Sample 1Sample 2
Remedies for Delay. Contractor is not entitled to recover from Builder any additional compensation or impact or other damages on account of any delay or disruption to work flow, whether caused in whole or in part by Builder or others. Contractor's sole remedy for such delay will be an extension of time to perform, which will be subject to Builder's written approval. Contractor must make any claim for an extension of time within three (3) calendar days of the event giving rise to the claim. The claim must be in writing and reasonably detailed, including without limitation specifying the cause of the delay and the anticipated number of delay days. Contractor's failure to timely deliver a claim constitutes conclusive and nonrebuttable evidence that no time extension is due.
Sample 1
Remedies for Delay. If delivery is not completed as prescribed above, M/A-COM may, by written notice of default to Seller, without liability to M/A-COM and in addition to its other rights and remedies: (a) cancel the Order in whole or in part; (b) extend the time for delivery in which event Seller shall ship or otherwise furnish, by the most expeditious means, the goods or services not delivered on time, with Seller responsible for paying any extra costs incurred as a result; and (c) procure upon such terms as M/A-COM shall deem appropriate, goods or services similar to those so cancelled, in which case Seller shall continue performance of this Order to the extent not cancelled and shall be liable to M/A-COM for any excess costs for such similar goods or services and any expenses incurred in connection therewith.
Sample 1
Remedies for Delay. A. The Parties agree that the occurrence of an excusable delay that delays overall Project completion may not result in additional compensation paid to the Contractor. No additional compensation will be paid to the Contractor for excusable delays that are not the fault of either the Contractor or the Owner, such as those listed in paragraphs 108.05C(a)-(f). In that situation, the Contractor is entitled only to an adjustment of the Contract Time.
Sample 1
AutoNDA by SimpleDocs
Remedies for Delay 
Sample 1Sample 2

Related to Remedies for Delay

  • Remedies for Default (a) Enterprise Services’ rights to suspend and terminate Contractor’s rights under this Master Contract are in addition to all other available remedies.

  • Other Remedies; Specific Performance Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.

  • No Waiver; Remedies, Etc No failure on the part of any Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents and the Lenders provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents and the Lenders to exercise any of their rights under any other Loan Document against such party or against any other Person.

  • No Waiver; Cumulative Remedies; Amendments Neither Agent nor any Lender shall by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, signed by Agent and then only to the extent therein set forth. A waiver by Agent, for itself and the ratable benefit of Lenders, of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Agent would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of Agent or any Lender, any right, power or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this Guaranty may be waived, altered, modified, supplemented or amended except by an instrument in writing, duly executed by Agent and Guarantors.

  • No Deemed Waivers; Remedies Cumulative No failure or delay by the Administrative Agent or any Lender in exercising any right or power hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent and the Lenders hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by the Borrower therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent or any Lender may have had notice or knowledge of such Default at the time.

  • Remedies; Specific Performance The Company stipulates that there would be no adequate remedy at law to the Holder of this Warrant in the event of any default or threatened default by the Company in the performance of or compliance with any of the terms of this Warrant and accordingly, the Company agrees that, in addition to any other remedy to which the Holder may be entitled at law or in equity, the Holder shall be entitled to seek to compel specific performance of the obligations of the Company under this Warrant, without the posting of any bond, in accordance with the terms and conditions of this Warrant in any court of the United States or any State thereof having jurisdiction, and if any action should be brought in equity to enforce any of the provisions of this Warrant, the Company shall not raise the defense that there is an adequate remedy at law. Except as otherwise provided by law, a delay or omission by the Holder hereto in exercising any right or remedy accruing upon any such breach shall not impair the right or remedy or constitute a waiver of or acquiescence in any such breach. No remedy shall be exclusive of any other remedy. All available remedies shall be cumulative.

  • WAIVERS, REMEDIES CUMULATIVE There is no implied waiver of rights under this agreement. No failure or delay on the part of a party in exercising any of its rights under this agreement or in insisting upon strict performance of provisions of this agreement, no partial exercise by either party of any of its rights under this agreement, and no course of dealing between the parties shall constitute a waiver of the rights of any party under this agreement, other than the requirement to raise a matter of breach within 30 days of discovery. Any waiver shall be effective only by a written instrument signed by the party granting such waiver, and such waiver shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply with this agreement. The remedies provided in this agreement are cumulative and not exclusive of any remedies provided by law.

Time is Money Join Law Insider Premium to draft better contracts faster.