Delay of Delivery. Delays in delivery occur when the date of the Actual Delivery Date occurs after the Agreed Delivery Date. The “Agreed Delivery Date” is the delivery date for the Deliverable agreed between the Parties in (as applicable):
Delay of Delivery. In the event possession cannot be delivered to Tenant on commencement of the Lease term, through no fault of District, there shall be no liability on District, but the rental herein provided shall xxxxx until possession is given. District shall have ten (10) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the Property and pay the rental herein provided from that date. In the event possession cannot be delivered within such time, through no fault of District, then this Lease and all rights hereunder shall be at an end.
Delay of Delivery. 10.1 If due to the responsibility of the Seller the equipment has not been delivered at the relevant dates according to Article 4.1, the Seller shall be obliged to pay the Buyer penalty of 0.5% of the contract price as per Article 2.4 for every full week of delay, thereby excluding any further demands. The total amount of penalty shall not exceed 5% of the contract price. 11.
Delay of Delivery. The Seller is aware of the importance of that the goods are delivered on time. The buyer accepts that goods are delivered up to two weeks earlier than specified ETA. ETA for each shipment shall be specified in this contract, and may be amended if both partners agree, and the change confirmed in writing between the parties. If a delivery of goods is delayed due to causes not attributable to the Buyer, the Buyer is entitled to delay penalty for each full week of delay as follow: First & second week of delay: 0.5% of the overdue container contract value. Third - fifth week of delay: 1.0% of the overdue container contract value. Compensation is paid for a maximum of 5 weeks of delay. If the seller finds that he cannot deliver on time, or if a delay on his part seems likely, he shall without delay notifies in writings the buyer, stating the reason for the delay and the time when delivery can be expected.
Delay of Delivery. If FT fails to complete the delivery of the Products by the Delivery Date stipulated in the Purchase Order due to its own negligence or fault, FC shall be entitled to cancel all or any delayed portion of the Products. Such cancellation shall not cause any prejudice to any other rights of FC under this Agreement or applicable laws.
Delay of Delivery. Genzyme may delay deliveries under an outstanding Purchase Order upon providing written notice to Supplier no less than (i) [**] days before the scheduled delivery date for Custom Manufactured Products, and (ii) [**] days before the scheduled delivery date for Biosurgery Products. Such delays shall be at no additional charge to Genzyme. The maximum duration of any delay of [**] and Biosurgery Products shall be [**] months from the date of Genzyme’s notification of acceptance of the pre-shipment sample for the applicable Product (or, if no pre-shipment sample is sent, then from the original date of delivery of such Product); the maximum duration of any delay of [**] shall be [**] months from date of the Purchase Order. [**] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission.
Delay of Delivery. Landlord acknowledges that Tenant intends to start construction of Tenant’s Work on the Delivery Date and intends to have the Premises ready for operation on or before the Commencement Date, and that delays in completion of Landlord’s Work beyond those the deadlines for completion established on Exhibit D will cause Tenant to suffer certain losses which are difficult to quantify including, by way of illustration and not of limitation, lost profits, construction delay costs and employee wages. If Landlord has not completed the Landlord’s Work prior to the deadlines for completion established on Exhibit D, Landlord shall nevertheless allow Tenant early entry to commence the Tenant’s Work. If Tenant is not able to commence the Tenant’s Work due to Landlord’s delays (regardless of the fact that Tenant may have elected to enter the Premises to perform Tenant’s work prior to Landlord’s Work being completed, but excepting any delays caused solely by the willful misconduct of Tenant), then Tenant shall give written notice to Landlord of such delay and if Landlord does not cure such delay within fifteen (15) days after Landlord’s receipt of written notice, as compensation in the form of liquidated damages, Tenant shall be entitled to one (1) day of free Base Rent and Additional Rent for every two (2) days of delay accruing from the applicable deadline for completion established on Exhibit D to the actual date of completion of the applicable portion of Landlord’s Work. Landlord and Tenant agree that the foregoing free rent determination is a liquidated damages remedy to compensate Tenant based on Landlord and Tenant’s best estimate of the daily damages, including but not limited to lost sales and business opportunity that Tenant will incur as a result of Landlord’s failure to deliver the Premises timely, and such amount is not to be deemed a penalty.
Delay of Delivery. The contractually agreed delivery periods apply. Buyer acknowledges that the offered delivery dates are estimated dates only and it is permissible for these deadlines to be slightly exceeded or shortened. If these requirements are not fulfilled, the deadline shall be extended as appropriate. GERPAAS is responsible for making the ordered products ready for shipment on the preagreed date. In case of major delays buyer has the right to claim liquidated damages at a rate to be agreed with the buyer in writing. Liquidated damages shall not be exceeding the 10% of the total value of the purchase order. GERPAAS cannot be held responsible for additional charges the buyer is liable of due to any delivery delay; for example; rental costs of the buyer’s Crane, car rental, site charges etc. The delivery deadline shall be extended if unforeseeable events occur that are beyond the seller’s control, irrespective of whether such problems arise within the seller’s company itself or with a subcontractor. Such problems are or be similar to force majeure, official measures and also war, rebellion, strikes, lock-outs, epidemics, operational problems and delays in the delivery of products provided that such problems can be proven to have a significant influence on production or on the delivery of the order.