Consequences of Delays Sample Clauses

Consequences of Delays. (a) If Seller does not reasonably expect to achieve the Commercial Operation Date Milestone by October 1, 2010 in accordance with Section 3.1, Seller shall provide prompt written notice (a “Commercial Operation Delay Notice”) to Purchaser of such expectation, the expected period of delay and the cause of the delay. Seller’s estimate of the expected period of delay shall be based on the best information available to Seller, and Seller shall promptly notify Purchaser of any expected changes in such period. Notwithstanding any such Commercial Operation Delay Notice or any failure of the Commercial Operation Date to occur on or before February 1, 2011, the Delivery Start Date shall nevertheless be the date specified in Section 3.1(a). With respect to nominations of Gas during the Commercial Operation Delay Period, Purchaser may make nominations for Scheduled Gas in an amount up to the Baseload Quantity on any Day during the Commercial Operation Delay Period, notwithstanding the fact that the quantity of Gas available from the Facility on such Day specified in the applicable Monthly Availability Plan or Daily Availability Schedule may be none, but otherwise in accordance with Article VI. If Purchaser makes such nominations for Scheduled Gas during the Commercial Operation Delay Period, Seller shall compensate Purchaser for all Replacement Gas Costs for the Scheduled Gas, except to the extent Seller delivers Replacement Gas therefor at the Delivery Point. (b) Notwithstanding any provisions in this Agreement to the contrary, Purchaser may terminate this Agreement if the Commercial Operation Delay Period is longer than three-hundred and sixty five (365) consecutive Days. To exercise the termination right pursuant to this Section 3.2(b), Purchaser shall provide written notice of termination to Seller within ten (10) Days after the earliest possible Early Termination Date. Upon termination pursuant to this Section 3.2(b), neither Party shall have any further liabilities with respect to this Agreement, except with respect to obligations of such Party that became due or accrued prior to such termination and, in the case of Seller, its obligations set forth in Article XV.

Consequences of Delays. (a) Without limiting clause 19.1 of this Agreement, Superior Jetties will not be liable if provision of the Works is prevented or delayed due to any act, omission or default of the Customer or any party under or through the Customer (including but not limited to a failure to provide access to the Site or to pay the Price pursuant to the terms of this Agreement).‌ (b) The Customer is responsible for and must pay on demand all expenses, costs, charges and other money incurred by Superior Jetties associated with any delay in provision of the Works due to one or more of the matters described in clause 10.2(a) above.

Consequences of Delays. 9.1 Unless provided otherwise in this Agreement, the applicable statutory provisions governing delay, including but not limited to those governing termination and damages, shall apply. 9.2 If at any time it seems likely that the deadlines for the delivery of a Deliverable or performance of Services may be exceeded, the Contractor shall notify the EPO in writing without undue delay, explain the reasons for the delay and propose a firm alternative date or period. The EPO may, without prejudice to any other rights it has, accept the alternative date or period or set a new date by which the delivery or performance has to be made or – if the agreed delivery date was of the essence to the EPO – insist on delivery at the originally agreed delivery date. The Contractor shall take all reasonable measures to overcome any obstacles to the timely delivery at no additional costs to the EPO. If by any agreed alternative date or period or new date, the delivery or performance has not taken place, the EPO has the right to terminate without previous notice the Specific Contract in question, in whole or in part, or this Agreement, if applicable, in accordance with Article 21 of this Agreement and Article 20 of the General Conditions of Contract, Annex 1. 9.3 Termination of a Specific Contract, respectively the Agreement on the basis of Article 9.2 shall not entitle the Contractor to any payment by way of compensation. The Contractor shall only be entitled to payment for work done and services rendered, which have been accepted by the EPO and which the EPO retains. 9.4 Where due to reasons for which the Contractor is responsible an agreed deadline for the delivery of a Deliverable or performance of Services is not met by the Contractor, from the day following the expiry of that deadline, the Contractor is liable to pay a contractual penalty at a rate of 0.5% per Working Day of such delay, but subject to a maximum of 10% of the net price of the delayed Deliverable. Apart from these principles for calculation of the contractual penalty, all other provisions of Article 18 of the General Conditions of Contract, Annex 1, remain unaffected. Higher contractual penalties may be laid down in the individual Specific Contract.

Consequences of Delays. If Landlord does not Substantially Complete Landlord’s Work, the Tenant Improvements and/or the Landlord Project Improvements by December 15, 2008 for any reason other than the occurrence of an Event of Force Majeure or Tenant’s Delay, then Tenant may deduct from installments of Base Rent and Additional Rent subsequently becoming due under the terms, of this Agreement the amount of $3,956.00 per day for each day that said failure continues, which amount is acknowledged to be fair and reasonable liquidated damages, and not a penalty, and which remedy shall be Tenant’s sole remedy for said delay, except as explicitly set forth in this Lease. If Landlord’s Work, the Tenant Improvements and/or the Landlord Project Improvements have not been Substantially Completed by April 1, 2009 (i) for any reason other than the occurrence of an Event of Force Majeure or Tenant’s Delay, then, in addition to any and all other available rights and remedies (excluding any claim for consequential, exemplary or lost profit damages), Tenant shall have the right to terminate this Lease, or (ii) for any reason other than Tenant’s Delay, then, if Tenant does not elect to terminate this Lease pursuant to clause (i), above, then Tenant may deduct from installments of Base Rent and Additional Rent subsequently becoming due under the terms of this Agreement the amount of Seven Thousand Five Hundred Dollars ($7,500.00) per day for each day that said failure continues, which amount is acknowledged to be fair and reasonable liquidated damages, and not a penalty, and which remedy shall be Tenant’s sole remedy for said delay, except as explicitly set forth in this Lease.

Consequences of Delays. (a) This section has been intentionally deleted. (b) This section has been intentionally deleted. (c) This section has been intentionally deleted. (d) This section has been intentionally deleted.

Consequences of Delays. (a) If Seller does not reasonably expect to achieve the Commercial Operation Date by September 1, 2009, Seller shall provide prompt written notice to Purchaser of such expectation, the expected period of delay and the cause of the delay. Seller’s estimate of the expected period of delay shall be based on the best information obtained by Seller, and Seller shall promptly notify Purchaser of any expected changes in such period. Seller shall reimburse Purchaser for any Transportation Costs associated with any change in the anticipated Commercial Operation Date as provided in this Section 3.2; however Eagle will use Commercially Reasonable Efforts to mitigate the cost of any Transportation Costs incurred in connection with this Agreement. (b) Notwithstanding any provision in this Agreement to the contrary, the Seller shall not be responsible for delays and any associated requirement for procuring Replacement Gas or paying Replacement Gas Costs attributable to Force Majeure Events. Nevertheless, either Party may terminate this Agreement if the Commercial Operation Date has not occurred by September 1, 2010. Upon termination pursuant to this Section 3.2(b), neither Party shall have any further liabilities with respect to this agreement, except with respect to obligations of Purchaser due or accrued prior to such termination and in the case of Seller as set forth in Article XVI.

Consequences of Delays. (a) In the event of a failure by Seller to achieve any Milestone with respect to a Dedicated Unit on or before the applicable Milestone Date, the Replacement Power provisions contained in Sections 2 and 3 of Appendix G shall apply. (b) Purchaser may terminate this Agreement as to a Dedicated Unit if the Commercial Operation Date as to such Dedicated Unit is not achieved by the first anniversary of the Delivery Start Date (PROVIDED that such date shall be extended in accordance with Section XVII as to a Dedicated Unit on a Day-to-Day basis for any delay in achieving such Commercial Operation Date that results from (i) a Force Majeure Event (but excluding a Government Approval Force Majeure Event) that is excused pursuant to Section 17.2 or (ii) a Delivery Excuse that is excused pursuant to Section 17.4(b)). In order to exercise the termination right pursuant to this Section 3.2(b), Purchaser must provide written notice of termination to Seller within 10 Days after the first anniversary of the Delivery Start Date.