Delay or Failure Sample Clauses
Delay or Failure. Contractor and its sureties shall be responsible for and pay to the Owner all loss, damage and additional cost incurred at the Project by reason or on account of (i) the unexcused delays of Contractor or (ii) Contractor's failure to fully and completely carry out the terms of this Agreement.
Delay or Failure. 4.1 The provision of the Services is dependent upon You at all times and in a timely manner performing the obligations set out in clause 3.1 (Your Obligations) and any additional obligations or dependencies specified in the relevant Order Form and the assumptions specified in the relevant Order Form being accurate.
4.2 Where We are prevented from performing our obligations under the Agreement as a result of any failure or delay by You to perform Your obligations or dependencies under the relevant Order Form or where Our costs of providing the Services increase as a result of an assumption being inaccurate then, without prejudice to Our other rights or remedies, We shall:
(A) not be liable for any failure to comply with any Delivery Plan or any other obligation under the Agreement; and
(B) submit a new Order Form for your execution, which shall set out the necessary changes to the Agreement (including any changes to the Fees and/or Delivery Plan), as a result of such delay, failure or inaccuracy in the assumptions.
4.3 You shall not unreasonably withhold or delay its agreement and/or execution under paragraph 4.2 (Delay or Failure).
Delay or Failure. Client understands and agrees that the Bank is responsible for sending notice of the Disclosures to Client electronically including at the email address Client have provided, but is not responsible for any delay or failure in Client receipt of the email notices.
