DELAY IN SUPPLY. In the event of failure by the Seller to deliver any Goods or perform any Services contained in this Purchase Order, other than as a result of Acts of God, force majeure, civil commotions, fire, war, perils of the sea, delay in transit and other causes beyond the Seller’s control, II-VI shall have the right to cancel all or any remaining part of this Purchase Order, without payment of compensation, and obtain delivery or performance from other sources. Any and all increased costs and expenses thereby incurred by II- VI in obtaining such delivery or performance shall be setoff against any moneys due or to become due to the Seller or shall be recoverable as damages hereunder.
DELAY IN SUPPLY. In the event that Cepheid would encounter circumstances out of its control where the supply of the Cepheid Products could not be provided to the Corporation, IDI shall so advise the Corporation, in the best of delays, and in such a case the parties shall attempt to find alternatives to supply the required Cepheid Products to the Corporation during the period in question.
DELAY IN SUPPLY. In the event of failure by Seller to deliver any Goods or perform any Services contained in this Purchase Order, other than as a result of acts of God, force majeure, civil commotions, fire, war, perils of the sea, delay in transit, or MPTC's written request, MPTC shall have the right to cancel all or any remaining part of this Purchase Order, without payment of compensation, and obtain delivery or performance from other sources. Any and all increased costs and expenses thereby incurred by MPTC in obtaining such delivery or performance shall be set off against any moneys due or to become due to Seller or shall be recoverable as damages hereunder.
DELAY IN SUPPLY. In the event of failure by Seller to deliver any Goods or perform any Services contained in this Purchase Order, other than as a result of acts of God, force majeure, civil commotions, fire, war, perils of the sea, delay in transit, or TCH's written request, TCH shall have the right to cancel all or any remaining part of this Purchase Order, without payment or compensation, and obtain delivery or performance from other sources. Any and all increased costs and expenses thereby incurred by TCH in obtaining such delivery or performance shall be set- off against any moneys due or to become due to Seller or shall be recoverable as damages hereunder.
DELAY IN SUPPLY. In the event that IDI would encounter circumstances out of its control where the supply of the IDI Products could not be provided to the Corporation, IDI shall so advise the Corporation, in the best of delays, and in such a case the parties shall attempt to find alternatives to supply the required IDI Products to the Corporation during the period in question.
DELAY IN SUPPLY. Without derogating from Section 7.3 below, if for any reason caused by (a) Prothya; (b) a Modification requested or required by Prothya, Kamada, or any Regulatory Authority; or (iii) a Force Majeure Event, Prothya is unable to supply Kamada’s requirements as per a Confirmed Purchase Order for the Product, Prothya will use reasonable commercial efforts to supply Products pursuant to the applicable Confirmed Purchase Order as soon as practicable. Xxxxxxx and Xxxxxx shall discuss the matter in good faith and coordinate efforts between them. Without derogating from the foregoing, if Xxxxxxx’s delivery is delayed for any reason beyond the scheduled Delivery date (other than as a result of any act or omission by Xxxxxx, of a Modification requested or required by Xxxxxxx, Kamada, or any Regulatory Authority, or of a Force Majeure Event) and in order to avoid adverse impacts upon Kamada’s production or scheduling, then, in addition to other remedies of Kamada, Prothya will cause the required quantity of Products to be shipped, at its own expense, in the most expeditious fashion available. Notwithstanding the foregoing, in the event that Delivery is delayed by more than [****] after the scheduled Delivery date, in addition to all other remedies available under this Agreement, Kamada shall have the right to assess Prothya a penalty of [****] of the Supply Price per day beyond such [****] of such late delivered Batch, which shall be deducted from the price of such late delivered Batch upon Delivery.
DELAY IN SUPPLY. If Seller fails to timely deliver under any PO, CHI may cancel all or any part of the PO, without payment, and obtain delivery or performance from other sources. Any associated costs incurred by CHI may be deducted from any fees due to Seller, or shall be recoverable as damages from Seller.
DELAY IN SUPPLY. Alpha Solutions is bound exclusively to delivery deadlines agreed in writing. Changes of order – where not otherwise agreed – result in annulment of previously agreed deadlines and periods. Where a deadline expressly agreed as binding (milestone) cannot be met by Alpha Solutions for reasons for which it is responsible, Alpha Solutions is deemed to be in delay and the client may claim damages as follows: x <= 30 days = 0 % x > 30 days = for each further full week’s delay 1 % of service costs as defined in the individual agreement (excluding VAT) but not more than 5 % of the service costs (excluding VAT) budgeted for in the individual agreement as lump-sum compensation.
