Implementation Delays Sample Clauses
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Implementation Delays. In the event Delivery of CGM Software has not commenced after ninety (90) calendar days after the Effective Date of this Agreement, You agree CGM may, in its sole and absolute discretion, either invoice or charge your credit card or another method of Direct Payment, a fee of One Thousand Dollars ($1,000) for each month Delivery of CGM of Software has not commenced. CGM may also elect to charge You the full installation amount as well as start charging You any recurring fees.
Implementation Delays. Subject to the further terms of this Section, if MetroPCS reasonably determines that Supplier is likely to fail to timely complete a Critical Milestone, then at MetroPCS’ request and, unless the terms of subsection (f) below apply, *** to MetroPCS, Supplier shall provide that number and type of additional Supplier Personnel as may be required or necessary to complete the Critical Milestone by its completion date. If Supplier already has failed to timely complete a Critical Milestone, then without limiting any other available rights and remedies:
(a) MetroPCS shall have the right to *** under the applicable Purchase Order;
(b) at MetroPCS’ request and, unless the terms of subsection (f) below apply, *** Supplier shall provide that number and type of additional Supplier Personnel as may be required or necessary to complete the Critical Milestone within a re-adjusted time frame established by MetroPCS, provided that: (i) any adjustment of a Critical Milestone date shall not operate to adjust any future Critical Milestone date (unless specifically agreed to in writing by MetroPCS); and (ii) notwithstanding any such adjustment, MetroPCS shall be entitled to *** (“Delay Credits”) based on the original Critical Milestone date (unless specifically waived in writing by MetroPCS); and
(c) MetroPCS shall receive ***. Notwithstanding the foregoing, if a Critical Milestone has been delayed (each of the following events constitutes an “Excuse”): (d) *** due to the occurrence of a Force Majeure Event; (e) by mutual written agreement of the parties; or (f) as a *** result of MetroPCS’ *** failure to perform *** obligations under the Agreement and designated as a MetroPCS obligation, provided that such failure and its likely impact on Supplier’s ability to timely achieve the Critical Milestone timely was identified sufficiently in advance by Supplier in a status report or other written notice to MetroPCS, the Critical Milestone date and any other subsequent affected Critical Milestone date(s) directly affected by such MetroPCS delay shall be extended automatically *** to account for the period of delay directly caused by the Excuse.
Implementation Delays