Delivery Intervals. 2.7.1 Company shall specify the delivery date for Hardware and Software and, if applicable, the job completion date for Services, on the Order. After Supplier has acknowledged and accepted an Order in accordance with Article 2.1, FORM OF ORDER, and if Supplier fails to provide Deliverables upon the agreed to delivery or job completion date, then in addition to all other rights and remedies at law or equity or otherwise, and without any liability or obligation of Company, Company shall have the right to: (a) cancel such Order, or (b) extend such delivery or job completion date to a later date, subject, however, to the right to cancel as in (a) preceding if delivery is not made or performance is not completed on or before such extended delivery or job completion date. If Company elects to extend such delivery or job completion date; Supplier agrees to absorb the difference between the charges to ship normal transportation and the charges to ship premium overnight.
Delivery Intervals. Sprint shall specify the delivery date for Equipment/Hardware and, if applicable, the job completion date for Services, on the Order. After Sycamore has acknowledged and accepted the Order in accordance with the clause FORM OF ORDER, and if Sycamore exceeds the agreed to delivery or EFI&T Services job completion date, then in addition to all other rights and remedies at law or equity or otherwise, and without any liability or obligation of Sprint, Sprint shall have the right to: (a) cancel such Order in whole or in part if Sprint is in receipt of a similar notification from SAIC that cancels Sprint’s order in whole or in part for the same Hardware/Equipment, Software or Services, or (b) extend such delivery or job completion date to a later date, subject, however, to the right to cancel as in (a) preceding if delivery is not made or performance is not completed on or before such extended delivery or job completion date. If Sprint elects to extend such Equipment/Hardware delivery or EFI&T job completion date, Sycamore agrees to absorb the difference between the charges to ship normal transportation and the charges to ship premium overnight. Sycamore agrees not to deliver Deliverables prior to the agreed upon delivery date without Sprint’s prior written authorization. Sycamore agrees to meet the following delivery intervals: Equipment/Hardware and Maintenance Services Furnish only (includes configuration validation): [*]. Sprint-Sycamore Proprietary Information 12
Delivery Intervals. 12.1 The delivery interval relates to the period in which SBC-13STATE shall construct and deliver to the Collocator the requested space. The delivery interval begins on the date SBC-13STATE receives an accurate and complete Virtual Collocation Application from the Collocator. The Collocator must provide the SBC-13STATE, within seven (7) days from the date of notification granting the application request, a confirmatory response in writing to continue construction along with the fifty percent (50%) payment of non- recurring charges (unless payment was received with application) or the construction interval provided in table below will not commence until such time as SBC-13STATE has received such response and payment. If the Collocator has not provided the SBC- 13STATE such response and payment by the twelfth (12th) day after the date SBC-13STATE notified Collocator its request has been granted, the application will be canceled. Dedicated space is not reserved until SBC- 13STATE's receipt of the confirmatory response in writing from the Collocator with applicable fees. SBC-13STATE will complete construction of all Active Collocation Space requests for virtual collocation in accordance to the following: Number of Complete and Accurate Applications by One Collocator per state or metering region Virtual Construction Intervals 1 – 5 90 Days 6-10 95 Days 11-15 100 Days 16-20 105 Days Should the Collocator submit twenty-one (21) or more applications within five (5) days, the construction interval will be increased by five (5) days for every five (5) additional applications or fraction thereof. Any material revision to an application will be treated as a new application and will be subject to the time intervals set forth above.
Delivery Intervals. All Products will be delivered by Supplier to the FCA point within [*] after receipt of the Purchase Order. In the event an End User requests a shorter delivery interval, Supplier will use all commercially reasonable efforts to ship the Product(s) within such delivery interval. All specially manufactured Products shall be shipped on a mutually acceptable time frame. In the event Ciena [*]=CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. requests accelerated delivery of Products and such accelerated delivery results in increased costs to Supplier, the Parties shall mutually agree upon the delivery schedule and Supplier may charge a premium, as mutually agreed with Ciena, for such accelerated delivery. Notwithstanding the foregoing, the Parties agree to negotiate in good faith a supply chain model, to be reflected in an amendment to this Agreement, that serves to reduce significantly the above-referenced delivery interval for the Products and that meets the business and financial requirements of both Parties.
Delivery Intervals. All Products included in the Forecast will be delivered by Supplier to the FCA point within [*] weeks after receipt of the Purchase Order and Products not included in the Forecast will be delivered by Supplier to the FCA point within [*] weeks after receipt of the Purchase Order. In the event an End User requests a shorter delivery interval, Supplier will use all commercially reasonable efforts to ship the Product(s) within such delivery interval. All specially manufactured Products shall be shipped on a mutually acceptable time frame. In the event Ciena requests accelerated delivery of Products and such accelerated delivery results in increased costs to Supplier, the Parties shall mutually agree upon the delivery schedule and Supplier may charge a premium, as mutually agreed with Ciena, for such accelerated delivery. [*] CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. CIENA / ANDA CONFIDENTIAL 1
