Late Delivery Penalties. Any delivery of Merchandise past the accepted Purchase Order requested delivery date will be consider Late and all Merchandise delivered must be fully conforming to Specifications to be considered on time. Unless Vendor notified Modular in advance of the delivery date a change to the delivery date and Modular accepts the new date, then Modular may charge a late Penalty. Should Vendor fail to perform in respect of any of the Delivery obligations, Vendor shall pay to Modular a daily delay penalty of 0.05% of the price of the daily Merchandise past Modular accepted Purchase Order delivery date, without prejudice to any other legal or equitable right or remedy available to Modular.
Late Delivery Penalties. If any of the Vehicles are not delivered by the Delivery Date in Section 2. t and if imposed on Purchaser by the City, the Purchase Price shall be reduced by Twenty-Five Dollars ($25,00) per Vehicle for each calendar day of delay.
Late Delivery Penalties. If all of FM-1, FM-2 and FM-3 Satellites (including applicable Launch Services and one (1) dynamic simulator) are not delivered On-Orbit/Checked Out by 31 July 2000 the Price shall, unless such delays are excusable within the meaning of Article 18 - FORCE MAJEURE, be reduced by Forty-Five-Thousand dollars ($45,000) per day for each day of delay starting on August 1, 2000 for up to eighty-nine (89) days thereafter with a maximum Price reduction of Four-Million-Fifty-Thousand dollars ($4,050,000). If FM-4 is not delivered to Ground Storage by 30 September 2000, then the Price shall, unless such delay is excusable within the meaning of Article 18 FORCE MAJEURE, be reduced by Fifteen-Thousand dollars ($15,000) per day for each day of delay starting on October 1, 2000 for up to eighty-nine (89) days thereafter with a maximum Price reduction of One-Million-Three-Hundred-Fifty-Thousand dollars ($1,350,000).
Late Delivery Penalties. In the event that a flight Spacecraft is not delivered by the stipulated date plus thirty (30) days (grace period) in accordance with the provisions of this Contract, the Price specified in Article 4 - PRICE shall, unless such delays are excusable within the meaning of Article 18 - FORCE MAJEURE, be reduced as follows: Each Spacecraft CALENDAR DAYS DELIVERY IS LATE PRICE REDUCTION 32st through 120th $15,000 per day Maximum Price Reduction $1,350,000.00 SS/L-TP93002-01 Amendment 16
Late Delivery Penalties. In the event of exceeding a deadline that has not been the subject of an extension agreement, KEP Technologies reserves the right to re-invoice to the SUPPLIER the exceptional transport costs and part of the lateness penalties paid to the customer if the SUPPLIER’s lateness has had a direct impact on a particular customer. The penalties shall not be applicable if the late delivery can be attributed to the supply of components by KEP. If delays on the SUPPLIER’s part are incompatible with KEP’s scheduling constraints, KEP reserves the right to: - terminate, due to fault on the SUPPLIER’s part, all or part of the order by operation of law and/or - purchase, from another supplier and at the SUPPLIER’s expense and liability, goods and services for all or part of the order in question.
Late Delivery Penalties. PENALTY CLAUSE
Late Delivery Penalties. In the advent that the supplier is late to deliver on the scheduled due on dock date a penalty will be assessed according to the amount of time finished product is late to the established delivery date provided adequate lead time for procurement of raw material and delivery is not affected by Gulfstream design changes (i.e. tools) and a minimum six month forecast is provided on all kits. The penalty scale is as follows: * % of Unit Price 1 (24 hours) to 3 Calendar days * % of Unit Price 4 to 7 Calendar days * % of Unit Price 8 to 14 Calendar days * % of Unit Price 15 to 21 Calendar days * % of Unit Price 22 to 28 Calendar days * % of Unit Price 29 to 36 Calendar days * % of Unit Price 37 and beyond Calendar days Penalty cost can not exceed cost of finished product and will only be assessed if purchase order is placed on or before the agreed upon lead-time of 12 weeks. Penalty is assessed to each individual finished product starting on the day that individual finished product is due. This penalty is assessed even if prior parts are still past due. * The text noted by asterisks has been redacted in connection with a request to the Securities and Exchange Commission for confidential treatment of such text. A copy of this Agreement including the redacted information has been submitted to the Securities and Exchange Commission as part of such request.
Late Delivery Penalties. If all of FM-1, FM-2 and FM-3 Satellites (including applicable Launch Services and one (1) dynamic simulator) are not delivered On-Orbit/Checked Out by 31 July 2000 the Price shall, unless such delays are excusable within the meaning of Article 18 - FORCE MAJEURE, be reduced by Forty-Five-Thousand dollars ($45,000) per day for each day of delay starting on August 1, 2000 for up to eighty-nine (89) days thereafter with a maximum Price reduction of Four-Million-Fifty-Thousand dollars ($4,050,000). If FM-4 is not delivered to Ground Storage by 30 September 2000, then the Price shall, unless such delay is excusable within the meaning of Article 18 FORCE MAJEURE, be reduced by Fifteen-Thousand dollars ($15,000) per day for each day of delay starting on October 1, 2000 for up to eighty-nine (89) days thereafter with a maximum Price reduction of One-Million-Three-Hundred-Fifty-Thousand dollars ($1,350,000). Use or disclosure of the data contained on this page is subject to the restriction on the title page of this Contract. There shall be no other remedies to the Purchaser (including any default remedy) for late delivery, or for failure to prosecute the work as required to achieve delivery by dates earlier than those set forth in this Article 3.4, or through the applicable ninety (90) day penalty period.
Late Delivery Penalties. Any delivery of Merchandise past the accepted Purchase Order requested delivery date will be consider Late and all Merchandise delivered must be fully conforming to Specifications to be considered on time. Unless Vendor notified Buyer in advance of the delivery date a change to the delivery date and Buyer accepts the new date, then Buyer may charge a late Penalty. Should Vendor fail to perform in respect of any of the Delivery obligations, Vendor shall pay to Buyer a daily delay penalty of 0.05% of the price of the daily Merchandise past Buyer accepted Purchase Order delivery date, without prejudice to any other legal or equitable right or remedy available to Buyer.
