Late Delivery Payments. In accordance with §1(a) of the First Amendment, Lessor hereby agrees to credit against the amount of Rent owed by Lessee $1,000.00 per day beginning February 1, 2010 and ending on May 31, 2010 in the amount of $119,000. Lessor and Lessee hereby agree that the payment provided by this §3.1 shall satisfy the Late Delivery Payment obligation created by § 1(a) of the First Amendment.
Late Delivery Payments. Should Seller anticipate inability to meet a designated delivery date, it shall immediately notify Buyer by phone or facsimile and seek instructions on procedures to be used in order to meet the specified delivery date(s). The costs of any expediting shipping requested by Buyer to mitigate the delay by Seller shall be borne by Seller, except if such delay or inability is excused under Section 16 hereof, in which case such costs shall be borne by Buyer. If Seller fails to deliver any conforming Product within ten (10) days after the time period required by a purchase order (the "Grace Period"), except in circumstances where performance is excused under Section 16 hereof, as Buyer's sole and exclusive remedy, Seller shall pay to Buyer an amount equal to (i) 0.33% of the purchase price of such Product for each day delivery is late beyond the Grace Period, up to an maximum of ten percent (10%) of the purchase price of such Product, plus (ii) the lesser of (A) such additional amount actually and reasonable incurred by Buyer, if any, charged by its customers as a result of the late delivery of the Product or (B) an additional 0.33% of the purchase price of such Product for each day such delivery is late beyond the Grace Period, up to a maximum of ten percent (10%) of the purchase price of such Product. Notwithstanding the above, in the event that Buyer exercises its rights to cancel all or any portion a purchase order pursuant to Section 6(a), Buyer shall have waived its rights to any and all amounts due it pursuant to this Section 7(c).
Late Delivery Payments. Except in the case of Unavoidable Delays and the Tenant Delay Period, if Landlord is unable to deliver early access to the warehouse by the Early Access Warehouse Date or fails to substantially complete the warehouse portion of the Leased Premises by the Warehouse Deadline and/or Landlord’s Work in the office area by the Office Deadline, then commencing on the forty-fifth (45th) day after the Early Access Warehouse Date and the thirtieth (30th) day after the Warehouse Deadline and/or the Office Deadline (as the case may be), Tenant will be given a rent credit equal to $1,000 per day for each day Landlord fails to meet the Early Access Warehouse Date, $1,000 for each day Landlord fails to meet the Warehouse Date and/or $1,000 for each day Landlord fails to meet the Office Deadline.
