Delivery Date Delay Clause Samples
The Delivery Date Delay clause defines the terms and conditions under which the scheduled delivery date for goods or services may be postponed. Typically, this clause outlines acceptable reasons for delay, such as unforeseen events or force majeure, and may specify notification requirements or procedures for requesting an extension. Its core practical function is to provide a clear framework for managing and communicating delays, thereby reducing disputes and ensuring both parties understand their rights and obligations if delivery cannot occur as originally planned.
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Delivery Date Delay. In the event Landlord has failed to cause the Delivery Date to occur on or before January 1, 2019 (the “Delivery Outside Date”) (which date shall be extended by virtue of “Force Majeure Delay” (as defined below), and any Tenant Delay), then Tenant shall have the right to terminate this Lease by written notice to Landlord (“Delivery Failure Termination Notice”) effective upon the date occurring five (5) business days following receipt by Landlord of the Delivery Failure Termination Notice (the “Delivery Termination Effective Date”), in which event Landlord shall return any prepaid rent and the L-C forthwith to Tenant. Should the Delivery Date occur prior to the effective date of the foregoing termination right, however, such termination right shall, in such event, expire and be of no further force or effect upon the Delivery Date. If Tenant delivers a Delivery Failure Termination Notice to Landlord, then Landlord shall have the right to suspend the occurrence of the Delivery Termination Effective Date for a period ending thirty (30) days after the Delivery Termination Effective Date by delivering written notice to Tenant, prior to the Delivery Termination Effective Date, that, in Landlord’s reasonable, good faith judgment, the Delivery Date will occur within thirty (30) days after the Delivery Termination Effective Date. If the Delivery Date occurs within such thirty (30) day suspension period, then the Delivery Failure Termination Notice shall be of no force or effect, but if the Delivery Date does not occur within such thirty (30) day suspension period, then this Lease shall terminate upon the expiration of such thirty (30) day suspension period. Upon any termination as set forth in this Section 1.2.1, Landlord and Tenant shall be relieved from any and all liability to each other resulting under this Lease. Tenant’s right to terminate this Lease, as set forth in this Section 1.2.1, shall be Tenant’s sole and exclusive remedy at law or in equity for the failure of the Delivery Date to occur by any particular date.
Delivery Date Delay. In the event that the Delivery Date for any Aircraft shall not have occurred on or before the Last Scheduled Delivery Date therefor and provided that:
6.2.1 the Borrower shall have given the Agent as much notice as is practicably possible but in any event not less than ten (10) Business Days’ written notice prior to such Last Scheduled Delivery Date of the likelihood of such non-occurrence;
6.2.2 the Manufacturer shall have certified to the Borrower (with a copy to the Agent) such non-occurrence and the revised scheduled Delivery Date for that Aircraft; and
6.2.3 such deferral shall not cause the Loan to exceed the Maximum Loan Outstanding, the Borrower shall be entitled, subject to the proviso below, by written notice to the Agent provided not later than three (3) Business Days prior to the Last Scheduled Delivery Date for that Aircraft, to defer the Repayment Date for the Advance in respect of that Aircraft. If, following any deferment, the Delivery Date for an Aircraft is further delayed, provided that the conditions set out in clauses 6.2.2 and 6.2.3 continue to be satisfied and subject to the proviso below, the Borrower shall be entitled, by further written notice to the Agent provided not later than three (3) Business Days prior to the previous revised scheduled Delivery Date for that Aircraft, to further defer the Repayment Date for the Advances in respect of that Aircraft. PROVIDED ALWAYS THAT the Repayment Date for the Advance in respect of an Aircraft may not be deferred to a date which is later than the earlier of the date falling three (3) months after the Last Scheduled Delivery Date for that Aircraft and the Final Repayment Date.
Delivery Date Delay. In the event that the Delivery Date for any Aircraft shall not have occurred on or before the Last Scheduled Delivery Date therefor and provided that:
6.2.1 the Borrower shall have given the Agent as much notice as is practicably possible but in any event not less than ten (10) Business Days’ written notice prior to such Last Scheduled Delivery Date of the likelihood of such non-occurrence;
6.2.2 the Manufacturer shall have certified to the Borrower (with a copy to the Agent) such non-occurrence and the revised scheduled Delivery Date for that Aircraft; and
6.2.3 such deferral shall not cause the Loan to exceed the Maximum Loan Outstanding,
Delivery Date Delay