Delivery Delays. Under no circumstances will Pfizer be subject to or liable for any late delivery penalties.
Delivery Delays. In the event Customer requests delay of delivery, Vendor shall not be obligated to effect delivery of the Software except upon thirty (30) days written notice by Customer to Vendor. If delay in delivery is due to any cause beyond the control of Vendor, the date upon which delivery is to be completed shall be extended by the number of days of such delay.
Delivery Delays. Seller shall use reasonable efforts to make prompt deliveries in a commercially reasonable manner. Delivery dates and estimates are, however, not guaranteed. Seller disclaims any liability or responsibility, and Buyer shall hold Seller harmless, for the late or non-delivery of Product. Buyer has no right to delay or defer delivery or acceptance.
Delivery Delays. Time is and will remain of the essence in the performance of this PO and Seller will strictly adhere to the delivery schedules set forth in this PO. Seller will immediately notify Jeppesen in writing of any actual or potential delays in delivery of Goods under this PO. In the event that Seller provides written notice of delay, Jeppesen will at its sole discretion determine whether to allow an extension of time for delivery or partial delivery. There will be no price adjustment as to any such extension that Jeppesen may allow. Jeppesen may cancel this PO in whole or in part without liability if Seller cannot meet Jeppesen’s delivery schedules. Failure to deliver in accordance with the PO schedule, if unexcused, will constitute a material breach of this PO.
Delivery Delays. Deliveries shall be made by the WHOLESALER in accordance with the time schedules specified in Attachment A. WHOLESALER shall credit to the Member a fee of sixty dollars ($60.00) per order not delivered within sixty (60) minutes of the delivery time scheduled, and for each day the delivery is not received, payable as a credit to the Member within fourteen (14) calendar days of WHOLESALER’S disposition of the reported delay. WHOLESALER shall not be responsible for paying the aforementioned fee for delays outside of its control. MMCAP Infuse Members must report each delivery delay to WHOLESALER within twenty-four (24) hours, giving the WHOLESALER opportunity to research the source of delay and applicability of the fee.
Delivery Delays. 4.1 The Goods must be delivered, services provided or work carried out, as the case may be, in the quantities (or at the rates), at the times and to the locations stated in the Order or specified in any other instruction given by NSK. NSK reserves the right to cancel an Order either wholly or in part without liability if delivery is not effected or if the work is not completed within the time stated or any agreed extension thereof.
Delivery Delays. Unless otherwise stated in this Contract, any delay in delivery due to causes beyond Company's reasonable control including those events listed in section 14 below, or due to any priorities or allocations necessitated by governmental orders or regulations, or due to any causes specified in the following sentence, shall extend the term of delivery by a period equal to the length of such delay. In the event of delay in delivery requested by Buyer or caused by Xxxxx's (i) failure to supply adequate instructions; (ii) failure to arrange for pickup; (c) failure to supply or approve necessary data in a timely manner; (iii) requested and approved changes; or (iv) failure to provide documents required for Company to effect delivery, Company will store all Products at Buyer's risk and expense. Buyer shall pay all storage costs and expenses upon Company's demand.
Delivery Delays. Subject to Section 2.4.1 (including applicable lead times agreed upon in accordance with Section 2.4.1) Sutro shall make deliveries of Product(s) in accordance with Section 2.6, no more than [***] days before or [***] after the delivery dates specified by SutroVax in the relevant purchase order (provided that such delivery date is in accordance with the applicable Work Order or such purchase order was otherwise accepted by Sutro) (the “Delivery Time Period”). For any failure to supply compliant Product(s) in the later of the Delivery Time Period and the period ending [***] after the delivery date specified under the Work Order, without limiting SutroVax’s other remedies, subject to this Section 2.9.2 and Section 9.3 (Limitation of Liability), Sutro shall be liable for any non-cancelable Third Party penalties, costs and expenses incurred by SutroVax as a result of Sutro’s failure to supply Product(s) as aforesaid, subject to receipt by Sutro of appropriate documentary evidence of such penalties, costs and expenses to the extent such evidence of such amounts may be provided by SutroVax without breaching SutroVax’s or its Affiliates’ duties of confidentiality to such Third Party (and provided that SutroVax shall use commercially reasonable efforts to (i) minimize or eliminate such penalties, costs and expenses and (ii) where provision of such evidence to Sutro would result in a breach of such duties of confidentiality, to obtain the consent of the applicable Third Party to the provision of such evidence to Sutro). In the event that Sutro makes a Manufacturing Change and is not able to Manufacture and supply Product in conformance with the Required Standards within [***] days of the delivery date identified on the applicable purchase order, Sutro shall Manufacture such Product without such Manufacturing Change. The rights of SutroVax set forth in this paragraph are in addition to any other rights set forth in this Supply Agreement.
Delivery Delays. The time or times of delivery specified in this order are of the essence of this order. Any delay will be excused only if (I) such delay is due to strike, fire, windstorm, riot, act of God, act of the public enemy, or other unforeseeable cause beyond the control and without the fault or negligence of Seller and if
Delivery Delays. Deliveries shall be made by the WHOLESALER in accordance with the time schedules specified in Attachment A, or as otherwise agreed upon by the WHOLESALER and MMCAP Member. Where delivery is delayed, WHOLESALER shall credit to the Member a fee of forty five dollars ($45.00) per delivery not delivered within 90 minutes of the delivery time scheduled, and for each day the delivery is not received, payable as a credit to the Member within fourteen (14) calendar days of the original delivery date. WHOLESALER shall not be responsible for paying the aforementioned fee for delays outside of its control, and where notification of the experienced delivery delay is not provided to the Wholesaler within 30 days of the event.
