Delay of delivery. Delay in delivery occurs 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. In the event of a delay in the agreed delivery schedule Xxxxxxxxxx shall be entitled to receive from the Supplier a delay sanction of three (3) percent for each week begun. The size of the delay sanction shall be calculated from the price of the entire delivery and the maximum delay sanction shall be fifteen (15) per cent of the total price. If the delay exceeds five (5) weeks or it is otherwise obvious that the delivery will not conform to the time, quality and quantity in the contract, Xxxxxxxxxx shall be entitled to cancel the contract.
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. It is anticipated that delivery of possession of the Premises shall occur no later than April 12, 2019 (the “Initial Outside Date”) in order to enable Tenant to commence construction of the Tenant Improvements. The date the Premises are delivered to Tenant is herein referred to as the “Delivery Date”. Should the Delivery Date not occur by the Initial Outside Date, then and in such event, provided the cause of such delay was due to matters within Landlord’s control and not by reason of any act or omission of Tenant (including, without limitation any failure to provide Landlord with required information or respond within the requisite time period to Landlord) or any agent, employee or contractor of Tenant (collective a “Tenant Caused Delay”), and further provided that had the Delivery Date occurred by the Initial Outside Date Tenant would have been able to commence performance of the Tenant Work, then and in such event as Tenant’s sole and exclusive remedy arising therefrom, the Rent Commencement Date under this Lease shall be postponed by 2-days for each day of delay of the Delivery Date from and after the Initial Outside Date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit “D” within five (5) days of Landlord’s request therefor. Failure to execute said Commencement Date Certificate shall not affect the commencement or expiration of the Lease Term or the commencement of Rent. Notwithstanding any provision herein to the contrary, as its sole and exclusive remedy arising therefrom, if by September 30, 2018 (the “Required Approval Date”) the Landlord fails to obtain any required site plan amendment necessary to gain approvals for the exterior building envelope and facade and if necessary, the first floor garage renovations or additional garage space (the “Requisite Approval”) then Tenant shall have the right to terminate this Lease by written notice to Landlord, which written notice shall be given by Tenant, if at all, not later than the thirtieth (30th) day following the Required Approval Date and which notice shall be effective in the absence of Landlord obtaining the Requisite Approval within thirty (30) business days following receipt of such written notice. Notwithstanding anything contained hereinabove to the contrary, on or before the Required Approval Date, Landlord must show Tenant that 300 parking spaces available to “tenant for its use has been approved by the City of Gaithersburg. In addition, in the event t...
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. 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 notify in writings the buyer, stating the reason for the delay and the time when delivery can be expected.
Delay of delivery. Delay in delivery occurs 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): (a) Change Order and/or (b) Project plan and/or (c) SDA and/or (d) Order Form. If either Party is in delay, the Parties shall reasonably cooperate in good faith to determine a new Agreed Delivery Date. If a delay lasts more than four (4) months, the Party not responsible for the delay may terminate this Agreement and get a refund of any subscription fees paid thereunder. The right to termination set out in this Section 5.6 is only applicable in respect of delays in performance of Professional Services related to the initial production deployment of the Cloud Service and not for any other Professional Services.
Delay of delivery. No delivery delay is allowed [***]. If SELLER becomes aware of a Product delivery delay risk, SELLER must inform SONIM before [***]. and get [***] SONIM may demand remedy of such delay by [***]. If a delivery is delayed on grounds of force majeure, the delivery due date shall be [***]. If a delivery is delayed, SONIM may claim liquidated damages in the amount of [***]. SELLER agrees that the correct fulfilment of Purchase Order(s) in accordance with the agreed Delivery Date is [***]. SONIM shall not be obliged to prove to SELLER that any actual damage resulted from the delay in order to claim and receive liquidated damage payments for such delay. Upon request by SONIM, SELLER shall provide SONIM a credit note for the amount of the claimed liquidated damage payments or SONIM may deduct the same from Product invoices.
