Final Delivery Date Sample Clauses

Final Delivery Date. If Delivery shall not have occurred on or before the Final Delivery Date, each party shall have the right to terminate this Agreement, upon such termination the obligation of the Seller to sell, and of the Buyer to buy, the Aircraft shall be terminated immediately.
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Final Delivery Date. Notwithstanding anything contained in this Agreement, unless extended by Buyer, the final delivery date for the Volumes shall be sixty (60) months following the Effective Date (or such later date as determined by Buyer in its sole discretion) (the “Final Delivery Date”); provided however that in the event that Seller fails to deliver the specified amount of the Initial Prepayment Volumes or the Additional Prepayment Volumes, if applicable, by the Final Delivery Date, the Final Delivery Date shall automatically be extended ninety (90) days in to order to allow Seller to deliver any remaining volumes of the Initial Prepayment Volumes or the Additional Prepayment Volumes that are to be delivered to Buyer; provided that if all of such Initial Prepayment Volumes or Additional Prepayment Volumes, as applicable, are not delivered in such ninety (90) days, then Seller shall be in default under this Agreement.
Final Delivery Date. All principal, interest and other sums owed on the Construction Advance Loan will be due and payable in full on the Final Delivery Date. The Construction Advance Loan will be deemed paid and the Construction Letter of Credit will be returned to the Construction Lender upon either the (a) delivery of the Permanent Mortgage Loan pursuant to the Forward Commitment or (b), payment by (i) the Construction Lender of all amounts due and owing under the Construction Advance Loan, including payment effected by application of amounts previously drawn by Xxxxxx Xxx under the Construction Letter of Credit in accordance with the terms of this Agreement, and (ii) the Borrower of any Delivery Assurance Fee, any outstanding obligations under the Delivery Assurance Note, and any forward commitment fees that may be due under the DUS Guide with respect to the Project.
Final Delivery Date. If Landlord has not Tendered Possession of ------------------- the Expansion Premises to Tenant on or before the Final Delivery Date (as such date may be extended pursuant to this Section 3), then either Landlord or Tenant may terminate this Amendment in the following manner. If Landlord is entitled to terminate this Amendment, Landlord may terminate this Amendment by providing Tenant with a Termination Notice and upon Tenant's receipt of such notice, this Amendment shall terminate and neither party shall have any further obligation to the other except as provided hereunder. If Tenant is entitled to terminate this Amendment, Tenant may terminate this Amendment by providing Landlord with a Termination Notice and if Landlord has not Substantially Completed the Expansion Premises and Tendered Possession of the Expansion Premises to Tenant within fifteen (15) business days (as such fifteen (15) business day period shall be extended by Tenant Delays and Force Majeure Events) following the date of such Termination Notice, this Amendment shall terminate and neither party shall have any obligation to the other except as provided hereunder; provided, however, if Landlord Substantially Completes the Expansion Premises Work and Tenders Possession of the Expansion Premises to Tenant on or before the expiration of such fifteen (15) business day period (as extended by Tenant Delays and Force Majeure Events), Tenant's Termination Notice shall be null and void and this Amendment shall continue in full force and effect. Any termination of this Amendment shall not subject the Landlord to any liability therefor, except as expressly provided herein, nor shall such cancellation affect the validity of the Lease or the obligations of the Tenant thereunder or extend the term of the Lease; provided, however, in the event of the termination of this Amendment by Tenant or Landlord as provided herein, Landlord shall be obligated to reimburse Tenant for Tenant's actual expenses for Tenant's Expansion Premises Work completed to the date of termination. The reimbursed expenses shall not include expenditures for work particular to Tenant's specific business operations, for example, and not by way of limitation, site preparation by Tenant for its particular manufacturing equipment. Notwithstanding the foregoing, in recognition of the parties' intent to cooperate to successfully achieve the Expansion Premises Commencement Date, in the event Landlord or Tenant elects to terminate as provide...

Related to Final Delivery Date

  • 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.

  • Physical Delivery All notices must be in writing, except as provided in § 27.2. Any document, including a signed 707 document or notice, from or on behalf of Seller, and delivered to Buyer is effective when physically received by Buyer, any 708 signatory on behalf of Buyer, any named individual of Buyer, any representative of Buyer, or Brokerage Firm of Broker working 709 with Buyer (except for delivery, after Closing, of the notice requesting mediation described in § 23 and except as provided in 710 § 27.2). Any document, including a signed document or notice, from or on behalf of Buyer, and delivered to Seller is effective 711 when physically received by Seller, any signatory on behalf of Seller, any named individual of Seller, any representative of Seller, 712 or Brokerage Firm of Broker working with Seller (except for delivery, after Closing, of the notice requesting mediation described 713 in § 23 and except as provided in § 27.2).

  • SPECIAL DELIVERY INSTRUCTIONS All shipments will be FOB destination (as specified on Ordering Entity Purchase Order).

  • Material Delivery Within 60 days after award date, Purchaser shall provide Forest Service a written schedule showing the desired delivery dates of any material to be supplied by Forest Service. With reasonable notice, schedule may be amended by agreement. Forest Service agrees to make delivery within 15 days after the scheduled delivery dates that are at least 60 days after the schedule is submitted, unless prevented by causes beyond control of Forest Service. If Purchaser does not provide Forest Service the written schedule within the period provided in this Subsection, Forest Service agrees to make delivery within 90 days after a late schedule is submitted, unless prevented by causes beyond control of Forest Service. After delivery to and written receipt by Purchaser, Purchaser is responsible for installation of needed material and for any loss of or damage to such material due to Purchaser's negligence prior to installation or return of unused material to Forest Service. At Purchaser’s option, Forest Service deliveries shall be to Purchaser’s storage area, as agreed, or to the nearest practicable point to the job site along existing roads. Unused material shall be returned to Forest Service at location of delivery, unless agreed otherwise.

  • Personal Delivery When personally delivered to the recipient, notice is effective upon delivery.

  • Delivery Date Seller shall deliver the Goods in the quantities and on the date(s) specified in this Order or as otherwise agreed in writing by the parties (the "Delivery Date"). Timely delivery of the Goods is of the essence. If Seller fails to deliver the Goods in full on the Delivery Date, Buyer may terminate the Order immediately by providing written notice to Seller and Seller shall indemnify Buyer against any losses, claims, damages, and reasonable costs and expenses directly attributable to Seller's failure to deliver the Goods on the Delivery Date.

  • PRODUCT DELIVERY Delivery must be made as ordered to the address specified on the Purchase Order and in accordance with the terms of the Contract or Contract Award Notice. Unless otherwise specified in the Bid Documents, delivery shall be made within thirty calendar days after receipt of a Purchase Order by the Contractor. The decision of the Commissioner as to compliance with delivery terms shall be final. The burden of proof for delay in receipt of Purchase Order shall rest with the Contractor. In all instances of a potential or actual delay in delivery, the Contractor shall immediately notify the Commissioner and the Authorized User, and confirm in writing the explanation of the delay, and take appropriate action to avoid any subsequent late deliveries. Any extension of time for delivery must be requested in writing by the Contractor and approved in writing by the Authorized User. Failure to meet such delivery time schedule may be grounds for cancellation of the order or, in the Commissioner’s discretion, the Contract.

  • DATE OF DELIVERY OF PUT NOTICE A Put Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by Investor if such notice is received on or prior to 12:00 noon New York time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon New York time on a Trading Day or at anytime on a day which is not a Trading Day.

  • 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.

  • Overnight Delivery When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account, notice is effective on delivery, if delivery is confirmed by the delivery service.

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