Penalties for Failure to Comply. The arbitrator shall impose penalties for failure to comply with this subsection. These penalties shall be based upon the seriousness of the failure to comply, the good or bad faith of the non-complying party, and the extent to which the non-compliance results in surprise to the requesting party and handicaps the requesting party in preparing the case. The following penalties may be imposed:
Penalties for Failure to Comply. (1) It is hereby agreed that failure to comply and demonstrate a good faith effort to comply with the foregoing requirements shall constitute a substantial breach of this Contract.
Penalties for Failure to Comply with the delivery deadline The Supplier undertakes to comply with the established deadlines, being applicable in cases of delay a penalty of 0.3% of the total amount of the Purchase Order for each day of delay. If a cumulative penalty of 10% for late delivery is reached, Roche may proceed to the resolution of the Purchase Order. However, different penalties may be agreed and shall be set out in the relevant contract, master agreement or corresponding Purchase Order.
