Common use of Delayed Deliveries Clause in Contracts

Delayed Deliveries. If any deliveries are not made by the delivery date(s) and in the quantity(ies) specified on this Purchase Order (including by reason of a Force Majeure Event as described in Section 10 below), Flyer may, in addition to any other rights or remedies it may have under this Purchase Order, at law or in equity, cancel this Purchase Order with respect to any or all deliveries of the Products that have not been made or with respect to any or all of the Products not previously accepted by Flyer, without any liability whatsoever. Additionally, if any delivery is delayed (other than due to a Force Majeure Event affecting Supplier), Flyer may hold Supplier responsible for any and all Losses (as defined in Section 12(a) below) caused by or arising from such untimely performance, including: (i) all direct, incidental and consequential damages and any resulting late performance penalties incurred by Flyer; and (ii), if Flyer covers by purchasing goods or services from another vendor, the amount (if any) by which the cost of such goods or services exceeds the price of the affected Products under this Purchase Order, along with all other cover damages. If the Purchase Order is a rated order, nothing in the foregoing paragraph modifies or changes Supplier’s obligations under the Defense Priorities and Allocations System regulations in 15 CFR Part 700.

Delayed Deliveries. If any deliveries are not made by the delivery date(s) and in the quantity(ies) specified on this Purchase Order (including by reason of a Force Majeure Event as described in Section 10 ‎10 below), Flyer may, in addition to any other rights or remedies it may have under this Purchase Order, at law or in equity, cancel this Purchase Order with respect to any or all deliveries of the Products that have not been made or with respect to any or all of the Products not previously accepted by Flyer, without any liability whatsoever. Additionally, if any delivery is delayed (other than due to a Force Majeure Event affecting Supplier), Flyer may hold Supplier responsible for any and all Losses (as defined in Section 12(a‎12(a) below) caused by or arising from such untimely performance, including: (i) all direct, incidental and consequential damages and any resulting late performance penalties incurred by Flyer; and (ii), if Flyer covers by purchasing goods or services from another vendor, the amount (if any) by which the cost of such goods or services exceeds the price of the affected Products under this Purchase Order, along with all other cover damages. If the Purchase Order is a rated order, nothing in the foregoing paragraph modifies or changes Supplier’s obligations under the Defense Priorities and Allocations System regulations in 15 CFR Part 700.

Delayed Deliveries. If any deliveries are not made by the delivery date(s) and in the quantity(ies) specified on this Purchase Order (including by reason of a Force Majeure Event as described in Section 10 f10 below), Flyer may, in addition to any other rights or remedies it may have under this Purchase Order, at law or in equity, cancel this Purchase Order with respect to any or all deliveries of the Products that have not been made or with respect to any or all of the Products not previously accepted by Flyer, without any liability whatsoever. Additionally, if any delivery is delayed (other than due to a Force Majeure Event affecting Supplier), Flyer may hold Supplier responsible for any and all Losses (as defined in Section 12(af12(a) below) caused by or arising from such untimely performance, including: (i) all direct, incidental and consequential damages and any resulting late performance penalties incurred by Flyer; and (ii), if Flyer covers by purchasing goods or services from another vendor, the amount (if any) by which the cost of such goods or services exceeds the price of the affected Products under this Purchase Order, along with all other cover damages. If the Purchase Order is a rated order, nothing in the foregoing paragraph modifies or changes Supplier’s obligations under the Defense Priorities and Allocations System regulations in 15 CFR Part 700.