EARLY/LATE DELIVERY Sample Clauses

EARLY/LATE DELIVERY. Early Delivery is defined as [***] in advance of scheduled delivery date. Netrx xx its option can refuse to accept early delivery and if Netrx xxxoses to accept early delivery, such acceptance must be in writing. Late delivery is defined as being [***] later than the scheduled and acknowledged delivery date at the applicable dock as stated in the appropriate purchase order. If Supplier fails to make deliveries at the specified time and such failure is caused by Supplier, Supplier will, at no additional cost to Netrx, xxploy accelerated measures such as material expediting fees, premium transportation costs, or labor overtime required to meet the specified delivery schedule or minimize the lateness of deliveries. If despite such measures and in the event late delivery is solely attributed to Supplier, Supplier shall, after a grace period of ten (10) business days, incur a liquidated damage fee for late delivery of [***] of the Product selling price for each full week units are late after the grace period. These liquidated damages shall be capped at [***] of the price of the late units. Netro may terminate the Purchase Order (or this [***] CONFIDENTIAL TREATMENT REQUESTED -------------------------------------------------------------------------------- Netrx Xxxporation 3860 Xxxxx Xxxxx Xxxxxx Xxx Xxxx Xxxxxxxxxx 00000 000.216.1500 408.000.0000 (Xxx) 6 10 NETRO MANUFACTURING AGREEMENT THE WIRELESS ATM COMPANY -------------------------------------------------------------------------------- Agreement in accordance with Section 13.4) should the limit of [***] be reached. The foregoing is Netrx'x xxxe remedy for delayed or non-delivery of Products.
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Related to EARLY/LATE DELIVERY

  • Late Delivery If prior to 5:00 p.m., New York City time, on the Expiration Date you receive (i) payment in full of the Subscription Price for the Units being subscribed for and (ii) a guarantee notice substantially in the form of the Notice of Guaranteed Delivery delivered with the Subscription Certificate, from a financial institution having an office or correspondent in the United States, or a member firm of any registered United States national securities exchange or of the National Association of Securities Dealers, Inc. stating the certificate number of the Subscription Certificate relating to the Rights, the name and address of the exercising subscriber, the number of Rights represented by the Subscription Certificate held by such exercising subscriber, the number of Units being subscribed for pursuant to the Rights and guaranteeing the delivery to you of the Subscription Certificate evidencing such Rights within three NASDAQ National Market (“NNM”) trading days following the date of the Notice of Guaranteed Delivery, then the Rights may be exercised even though the Subscription Certificate was not delivered to you prior to 5:00 p.m., New York City time, on the Expiration Date, provided that within three NNM trading days following the date of the Notice of Guaranteed Delivery you receive the properly completed Subscription Certificate evidencing the Rights being exercised, with signatures guaranteed if required.

  • Closing Date Delivery 2 2.1 Closing.........................................................................................2

  • Share Delivery Delivery of any shares in connection with settlement of the Award will be by book-entry credit to an account in the Grantee’s name established by the Company with the Company’s transfer agent, or upon written request from the Grantee (or his personal representative, beneficiary or estate, as the case may be), in certificates in the name of the Grantee (or his personal representative, beneficiary or estate).

  • Effective Date Deliveries On the Effective Date, the Company shall have delivered to the Representative executed copies of the Trust Agreement, the Warrant Agreement, the Registration Rights Agreement, all of the Insider Letters and the Subscription Agreement.

  • Delivery by Facsimile This Agreement, the agreements referred to herein, and each other agreement or instrument entered into in connection herewith or therewith or contemplated hereby or thereby, and any amendments hereto or thereto, to the extent signed and delivered by means of a facsimile machine, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. At the request of any party hereto or to any such agreement or instrument, each other party hereto or thereto shall reexecute original forms thereof and deliver them to all other parties. No party hereto or to any such agreement or instrument shall raise the use of a facsimile machine to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of a facsimile machine as a defense to the formation or enforceability of a contract and each such party forever waives any such defense.

  • Closing Date Deliveries On the Closing Date, the Company shall have delivered to the Representative executed copies of the Representative’s Purchase Option.

  • Delivery Notice Notice of the Aircraft's Delivery Date, given by the Lessee as provided in Section 3.01 of the Participation Agreement and including any notice with respect to a postponed Delivery Date given by the Lessee pursuant to Section 3.05(c) of the Participation Agreement.

  • Additional Deliveries Mezzanine Lender shall have received such other deliveries reasonably requested by Mezzanine Lender, provided such requests are customary and are consistent with the deliveries required with respect to the Properties on the Closing Date.

  • 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.

  • Delivery Location The Aircraft shall be located at the agreed Delivery Location;

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