DELIVERY CAP Clause Samples

A Delivery Cap clause sets a maximum limit on the quantity or value of goods or services that a supplier is obligated to deliver under a contract. In practice, this means that once the specified cap is reached, the supplier is not required to provide additional deliveries, regardless of further demand or requests from the buyer. This clause is commonly used to manage supply risk and prevent over-commitment by the supplier, ensuring that both parties have clear expectations regarding the maximum extent of the supplier's obligations.
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DELIVERY CAP. (a) During each Delivery Period Hauler shall deliver, without penalty or additional cost, the Committed Solid Waste and Committed Recyclables as defined and described in this Agreement and Exhibit B. (b) Subject to the available processing capacity of the Connecticut Solid Waste System and the terms of this section and Section 3 below, the Authority is further willing to accept delivery of the Scheduled Solid Waste and Scheduled Recyclables quantified above in this Exhibit A. Provided the Authority has not declared the processing capacity of the Facility, Transfer Station(s) or Recycling Facility to be impaired, the Authority will accept such deliveries of Scheduled Solid Waste and Scheduled Recyclables without penalty or additional cost. However, the Authority, in its sole judgment, may declare the Facility, Transfer Station(s) or Recycling Facility to be impaired for any operational constraint that limits such facility’s processing capacity and / or causes the Authority to divert Acceptable Solid Waste or Acceptable Recyclables to alternate disposal facilities (“Operational Constraint”). An “Operational Constraint” may include but is not limited to any planned or unplanned Facility, Transfer Station(s) or Recycling Facility shutdown, or outage for major maintenance and/or repair of the Facility, Transfer Station(s) or Recycling Facility, including any component equipment, system or infrastructure, including, but not limited to, boilers, turbines, bag houses, conveyors, sorters, balers, buildings and pavements, rolling stock and other equipment, any drought, flood, earthquake, storm, fire, lightning, explosion, epidemic, war, act of terrorism, civil disturbances, sabotage, work stoppages (e.g., strikes, etc.), power outage, accident, equipment breakdown, financial constraint, unavailability of support services, materials or replacement equipment, restraint by court order or regulatory authority, risk management or anything else in the Authority’s sole judgment that materially affects the Authority’s processing capacity at any of its facilities. Hauler acknowledges that the Authority may declare any maintenance, repair or other work undertaken or not undertaken in furtherance of the planned conversion of the Facility to transfer operations effective July 1, 2022 to be an Operational Constraint. At its discretion, the Authority may endeavor to overcome any Operational Constraint in a manner that does not conflict with such conversion plan and / or secure al...
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DELIVERY CAP. During each Delivery Period Hauler may deliver, without penalty or additional cost, Acceptable Solid Waste in excess of the Scheduled Deliveries up to the delivery cap ( the “Delivery Cap”), as presented in Table 1 above.
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Related to DELIVERY CAP

  • DELIVERY: FOB DESTINATION, INSIDE DELIVERY, FREIGHT PAID Whenever possible, contractors should give the ordering entities 3 working days prior notice of any deliveries and/or installations. Furniture contractors will not be responsible for the removal/moving of existing furnishings unless requested by the ordering entity. Contractors should verify site readiness prior to delivery. All deliveries will be made during normal working hours unless otherwise arranged with the ordering entity. Contractor will communicate any scheduling delays and/or changes immediately. Agencies will not be responsible for any freight damage, concealed or otherwise.

  • Delivery Times 4.1 The delivery times agreed with regard to (parts of) the Performance to be delivered by the Supplier shall be binding. If these delivery times are exceeded, the Supplier shall automatically be in default under the Agreement without notice of default being required to that effect. 4.2 For each calendar day by which the aforesaid delivery times are exceeded, the Supplier shall pay to Wavin an amount of 0.5% of the total sum agreed with a maximum of 10%, which is a genuine pre-estimate of the losses incurred by ▇▇▇▇▇. 4.3 The Supplier shall always be obliged to provide Wavin in time, and in all cases within 24 hours after the Supplier became aware of this or should reasonably have foreseen this, with adequate and written notification of its impending failure to meet the delivery time. Execution of the Agreement in partial deliveries shall require Wavin’s prior written consent. If Wavin so requests, the Supplier shall be obliged to submit a written production or execution schedule and/or to cooperate in progress monitoring.

  • Minimum Purchase Broker-Dealer shall not sell fewer than $5,000 in Notes to any purchaser without the prior written consent of Issuer.

  • Delivery Schedule The Goods specified in the List of Goods are required to be delivered within the acceptable time range (after the earliest and before the final date, both dates inclusive) specified in Section V, Schedule of Requirements. No credit will be given to deliveries before the earliest date, and Tenders offering delivery after the final date shall be treated as non-responsive. Within this acceptable period, an adjustment of [insert the adjustment factor], will be added, for evaluation purposes only, to the Tender price of Tenders offering deliveries later than the “Earliest Delivery Date” specified in Section V, Schedule of Requirements.

  • Maximum Share Delivery (i) Notwithstanding any other provision of this Confirmation, the Agreement or the Equity Definitions, in no event will Company at any time be required to deliver a number of Shares greater than two times the Number of Shares (the “Maximum Number of Shares”) to Dealer in connection with the Transaction. (ii) In the event Company shall not have delivered to Dealer the full number of Shares or Restricted Shares otherwise deliverable by Company to Dealer pursuant to the terms of the Transaction because Company has insufficient authorized but unissued Shares (such deficit, the “Deficit Shares”), Company shall be continually obligated to deliver, from time to time, Shares or Restricted Shares, as the case may be, to Dealer until the full number of Deficit Shares have been delivered pursuant to this Section 9(p)(ii), when, and to the extent that, (A) Shares are repurchased, acquired or otherwise received by Company or any of its subsidiaries after the Trade Date (whether or not in exchange for cash, fair value or any other consideration), (B) authorized and unissued Shares previously reserved for issuance in respect of other transactions become no longer so reserved or (C) Company additionally authorizes any unissued Shares that are not reserved for other transactions; provided that in no event shall Company deliver any Shares or Restricted Shares to Dealer pursuant to this Section 9(p)(ii) to the extent that such delivery would cause the aggregate number of Shares and Restricted Shares delivered to Dealer to exceed the Maximum Number of Shares. Company shall immediately notify Dealer of the occurrence of any of the foregoing events (including the number of Shares subject to clause (A), (B) or (C) and the corresponding number of Shares or Restricted Shares, as the case may be, to be delivered) and promptly deliver such Shares or Restricted Shares, as the case may be, thereafter. (iii) Notwithstanding anything to the contrary in the Agreement, this Confirmation or the Equity Definitions, the Maximum Number of Shares shall not be adjusted on account of any event that (x) constitutes a Potential Adjustment Event solely on account of Section 11.2(e)(vii) of the Equity Definitions and (y) is not an event within Company’s control.