Cancellation Delay Clause Samples
The Cancellation/Delay clause defines the rights and obligations of the parties if an event, service, or delivery is cancelled or delayed. Typically, it outlines the procedures for notifying the other party, any applicable fees or penalties, and the conditions under which cancellation or delay is permitted, such as force majeure events or failure to meet certain requirements. This clause serves to allocate risk and provide a clear process for handling disruptions, thereby minimizing disputes and ensuring both parties understand their responsibilities in the event of unforeseen changes.
Cancellation Delay. (1) This Agreement is binding on both parties and cannot be cancelled except as hereinafter provided. Performer and University mutually agree that either party may cancel this Agreement and that all parties shall be released from any and all liability or damages hereunder if Performer or University is unable to fulfill the terms of this Agreement due to an act of God, illness or physical disability of Performer members, acts or regulations of public authorities, labor difficulties, civil tumult, strike, epidemic, flood, fire, interruption or delay of transportation, or any other cause beyond the control of the parties.
(2) If, for any reason, Performer is delayed or cannot appear, Performer will use its best efforts to notify University to arrange a mutually agreeable change of date and/or a substitute performer of University's choosing. If necessary and desired by University, Performer will agree to the cancellation of this Agreement. University and Performer further agree that should Performer be unable to appear as scheduled due to illness or an unforeseen emergency, Performer will have no liability for expenses or losses incurred by University, and that Performer will not be entitled to any amount under paragraph B(1). In the event that Performer is unavoidably delayed, but arrives within one (1) hour of the designated performance time and presents the program in full as directed by University, the engagement will be considered to have been completed as agreed, and all compensation shall be due in full unless otherwise agreed to, in writing, by Performer. If Performer does not arrive within one (1) hour of the designated performance time, the Agreement, at the sole discretion of University, will be deemed cancelled per paragraph C (1) above.
(3) Performer agrees that University may cancel this Agreement if members of Performer at any time prior to fulfilling the terms of this Agreement engage in, or are accused of engaging in, conduct that would constitute a crime, which is defined as a wrongdoing classified by the state (in which the crime is committed) or Congress as a felony or misdemeanor.
(4) Except for cancellation for reasons outlined in the preceding paragraphs, it is agreed that the performance amount due and owning under paragraph B (1) is nonrefundable in the event of cancellation by University. University agrees that the foregoing represents a fair and equitable measurement of the damages for which University shall be responsible.
Cancellation Delay. Buyer has no right to cancel any order it submits to Seller or to delay any Delivery. If Seller allows Buyer to cancel an order to delay a Delivery, Buyer shall pay Seller all costs Seller has incurred, and will incur, with respect to the cancellation or delay, including all restocking charges. It is understood and agreed between Buyer and Seller that if this Agreement covers Products that must be manufactured especially for Buyer and such an order is suspended or terminated for any reason, Buyer shall take delivery of and make payment for such Products as have been completed and such Products as are in process on the date notice of suspension or termination is received by Seller. If Buyer for any reason cannot accept delivery of such specially manufactured Products, Buyer shall make payment therefore as though delivery has been made and Seller will store such Products for Buyer’s account and at Buyer’s expense.
Cancellation Delay. Buyer has no right to cancel any order it submits to Seller or to delay any Delivery. If Seller allows Buyer to cancel an order to delay a Delivery, Buyer shall pay Seller all costs Seller has incurred, and will incur, with respect to the cancellation or delay, including all restocking charges. It is understood and agreed between Buyer and Seller that if this Agreement covers Products that must be manufactured especially for Buyer and such an order is suspended or terminated for any reason, Buyer shall take delivery of and make payment for such Products as have been completed and such Products as are in process on the date notice of suspension or termination is received by Seller. If 8. Annulation; retard. L'Acheteur n'est pas en droit d'annuler une commande passée au Vendeur ou de reporter une Livraison. Si le Vendeur permet néanmoins à l'Acheteur d'annuler une commande ou de reporter une Livraison, l'Acheteur règle tous ▇▇▇ ▇▇▇▇▇ que le Vendeur engage ou engagera en lien avec l'annulation ou le report, y compris tous les frais de restockage. L'Acheteur et le Vendeur conviennent que si la présente Convention porte sur des Produits devant être fabriqués spécialement pour l'Acheteur et que la commande les visant est suspendue ou annulée pour quelque raison que ce soit, l'Acheteur est tenu de prendre livraison des Produits qui, à la date de réception par le Vendeur de l'avis de Buyer for any reason cannot accept delivery of such specially manufactured Products, Buyer shall make payment therefore as though delivery has been made and Seller will store such Products for Buyer’s account and at Buyer’s expense. suspension ou d’annulation, sont achevés ou en cours de fabrication, et d’en acquitter le prix. Si, pour quelque raison que ce soit, l'Acheteur ne peut prendre livraison de Produits spécialement fabriqués, il en acquitte tout de même le prix comme si la livraison avait eu lieu et le Vendeur les entrepose pour le compte et aux frais de l'Acheteur.
Cancellation Delay