Inability to Deliver. In the event that Payments for subscriptions delivered to the Escrow Agent by the Company pursuant to this Agreement are not cleared through normal banking channels within 5 days after such delivery, the Escrow Agent shall return such uncleared Payments to the Company.
Inability to Deliver. In the event that Payments for subscriptions are not cleared through normal banking channels according to the regular Federal Reserve Bank clearing schedule, the Escrow Agent will notify the Transfer Agent and the Transfer Agent will in turn notify the Company.
Inability to Deliver. In the event that circumstances arise that are outside the control of the Supplier, which render it impossible for the Supplier to complete a delivery, the Supplier shall be released from its obligations under this Agreement. This shall not be grounds for any claim by the Ordering Party for damages.
Inability to Deliver. In the event that checks for subscriptions delivered to the Escrow Agent by the Managing Dealer or a Selected Dealer pursuant to this Agreement are not cleared through normal banking channels within 120 days after such delivery, the Escrow Agent shall deliver such uncleared checks to the Managing Dealer or a Selected Dealer unless the Escrowed Funds are returned to subscribers pursuant to Paragraphs 5(b) or 5(c) above, in which case the Escrow Agent shall mail such uncleared checks to the subscribers.
Inability to Deliver. If the Escrow Agent is not able to deliver any portion of the Escrow Fund to the proper recipient within one (1) year of the date that final distribution of any remaining portion of the Escrow Fund should otherwise have been made pursuant to Section 2.8(b) (or immediately prior to such earlier date on which any payment in respect thereof would otherwise escheat to or become the property of any Governmental Body), such portion of the Escrow Fund shall be delivered to Parent and the proper recipient shall thereafter look only to Parent, and only as a general creditor, for payment of such recipient’s claim for such portion of the Escrow Fund, subject to applicable abandoned property, escheat and similar Laws.
Inability to Deliver. In the event that Payments for subscriptions delivered to the Escrow Agent by the Company pursuant to this Agreement are not cleared through normal banking channels within 5 Business Days days (hereinafter considered a weekday that is not a day designated as a legal holiday by the government of the Unites States or the State of Florida) after such delivery, the Escrow Agent shall return such uncleared Payments to the Company.
Inability to Deliver. In the event that checks for subscriptions delivered to the Escrow Agent by the Placement Agent pursuant to this Escrow Agreement are not cleared, the Escrow Agent shall deliver such uncleared checks to the Company unless the Escrow Deposit is returned to subscribers pursuant to 2.2 above, in which case Escrow Agent shall mail such uncleared checks to the subscribers. Escrow Agent shall have no responsibility to collect, or to institute any action with respect to, any checks.
Inability to Deliver. If the delivery of Project Water under the provisions of this Agreement is prevented, delayed, or made impracticable due to drought, flood, fire, earthquake, or other natural disaster, federal or state regulatory limitations, strike, unavailability of necessary materials, electrical power or fuel, civil rioting, terrorism, war or military conflict, inability of District to obtain any approval for conveyance of Project Water from any government agency, including the SWRCB, or if the cost of complying with any environmental requirements renders this transaction economically or physically impractical (each a “Force Majeure Event”), District shall not be required to deliver and Customer shall not be required to pay for that portion of the Project Water the delivery of which has been prevented, delayed or made impracticable, for the period of prevention, delay or impracticability. Project Water not delivered as a result of a Force Majeure Event may be delivered to Customer on a make-up basis upon the conclusion of the Force Majeure Event, or at other times mutually agreeable to the parties on a reasonable, mutually agreed schedule, subject to District’s determination that such make-up deliveries are legally permissible and practicable.
Inability to Deliver. 4.4.1 In the event of an inability to deliver due to the Customer's circumstances, in- cluding but not limited to circumstances for which the Customer is responsible, the Customer shall bear the total costs Samson Pumps has incurred for the de- livery and handling of the Products.
Inability to Deliver. If INEOS SOLVENTS is prevented or partially prevented from or is delayed in delivering the Products to Customer for any reason beyond its reasonable control including force majeure of any kind, INEOS SOLVENTS will not be obliged to purchase substitute products from any third party, and may allocate available supplies amongst Customer and others (including INEOS SOLVENTS and INEOS SOLVENTS related companies) on such basis as INEOS SOLVENTS believes is fair and practical. Any liability for delay or failure to deliver is excluded where this clause applies.
