PERFORMANCE DELAYS. 15.1. In case the Consultant fails to perform the services during the performance period specified in the contract, PRASA is entitled, no prior notice being required and without prejudice to any other sanctions under the contract, to request penalties for each day between the end of performance period mentioned in the contract and the actual end date of performance period.
PERFORMANCE DELAYS. (a) Xxxxxx agrees not to give any other customer of Seller any priority over Xxxxx, in the allocation of Seller’s production. (b) Timely delivery is essential; however, neither party shall be liable to the other for any delay or failure to perform where such delay or failure is caused by events beyond the control of the affected party. The foregoing shall be subject to the affected party giving reasonable notice to the other party. In the event of delay or failure to perform by Seller, Buyer may, without waiving its right to seek damages caused by the delay, either terminate this Order or reject any partial or future performance, without further liability of Buyer, upon written notice to Seller. Whenever Seller has knowledge of any actual or potential cause or event which delays or threatens to delay the timely performance of any Order, Seller shall immediately give Buyer written notice thereof, including all relevant information. Seller shall notify Buyer in writing of any actual or potential labor dispute delaying or threatening to delay timely performance of this Order. Seller shall notify Buyer in writing 6 months in advance of the expiration of any current labor contracts. Seller shall deliver a supply of finished goods at least 30 days prior to the expiration of any such labor contract, in quantities and for storage at sites designated by Buyer.
PERFORMANCE DELAYS. Landlord and MK Management shall not be responsible for delays in performance of any services resulting from weather conditions, other acts of nature, or any other conditions beyond their reasonable control.
PERFORMANCE DELAYS. B.3.5.1 Except for an adjustment for Default, delays in delivery attributed to Force Majeure events (acts of nature, war, strike, etc.) may result in an adjustment to the affected portion of work but shall not cause interruption of otherwise eligible performance based payments and shall not become a basis for recovery of previously, properly disbursed performance based payments. All other delays shall be administered in accordance with FAR 32.1007 or the changes provisions of this Contract.
PERFORMANCE DELAYS. In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any of its respective obligations under the Lease, by reason of (i) the destruction, in whole or in part, of any building or improvement forming a part of the Premises, or (ii) strikes, or a. lockouts, or (iv) labor troubles, or (v) war, whether declared or undeclared, or (vi) riot, or (vii) Act of God, or (viii) embargoes, or (ix) delays in transportation, or (x) inability to procure materials and/or labor, or failure of power, or (xii) restrictive governmental laws or regulations, whether valid or not, or (xiii) insurrection, or (xiv) any other reason other than financial, beyond the reasonable control of such pa11y, and not the fault of the party so delayed or hindered in or prevented from performing work or doing acts otherwise required under this Lease, then performance of such work or doing of such acts shall be excused for the period of the delay, and the period for the performance of such work or doing such acts shall be extended for a period equivalent to the period of such delay; provided, however, that the provisions of this section shall not operate so as to excuse or release Tenant from the prompt payment of Rent or other sums required to be paid by Tenant to Landlord or to other payees anywhere hereunder. Nothing herein shall relieve the party relying on such delay event from exercising commercially reasonable efforts to mitigate the effect of any such delay.
PERFORMANCE DELAYS. 3.1 Time is of the essence to all deliveries. “
PERFORMANCE DELAYS. Timely delivery is essential; however, neither party shall be liable to the other for any delay or failure to perform where such delay or failure is caused by events beyond the reasonable control of the affected party. The foregoing shall be subject to the affected party giving reasonable notice to the other party. When deliveries are specified to be in accordance with Buyer’s written releases, Seller will not fabricate or assemble any goods except to the extent authorized by the written releases or to the minimum delivery quantities in this purchase order. Buyer may change the rate of scheduled shipments or direct temporary suspension of scheduled shipments, neither of which shall entitle Seller to a modification of the price for goods or services covered by this contract. Where quantities and/or delivery schedules are not specified, Seller shall deliver goods in such quantities and times as Buyer may direct in subsequent releases. In the event of delay or failure to perform by Seller, Buyer may give written notice to Seller of either termination of the purchase order or rejection of any partial or future performance. All damages suffered by Buyer and any premium transportation or other costs required to meet the specified delivery schedule will be at the expense of Seller. DEFECTIVE MATERIAL In the event of any defect or noncompliance to specifications with Buyer’s order, Buyer shall have the right to reject any shipments containing defective goods or goods failing to conform to the product specifications contained in Buyer’s order. Buyer shall have the right to return such rejected goods or shipments to Seller at Seller’s expense or, in Buyer’s discretion, the right to make repairs to defective goods and to charge Seller with Buyer’s actual costs of making such repairs. Buyer shall be entitled to liquidate damages credit of $100 USD per delivery of defective product components and/or materials.
PERFORMANCE DELAYS. Lunchbox will use commercially reasonable efforts to provide the Implementation Services to Customer as described in the applicable Service Order. The ability of Lunchbox to perform its responsibilities depends on the fulfillment of the assumptions and the Customer and third party responsibilities described in a Service Order or otherwise in this Agreement. To the extent any assumptions are unmet or delays in the Implementation Services arise as a result of Customer’s or a third party’s delay, or if Customer fails to perform any of its obligations under this Agreement or any Service Order, including any payment obligations then, without prejudice to its other rights and remedies, Lunchbox may extend the performance schedule under any Service Order and charge additional amounts in respect to incremental effort or expense incurred, provided that Lunchbox first provides prior notice to Customer regarding the potential schedule or fee impact as soon as such an impact is reasonably foreseeable. Lunchbox reserves the right to reassign resources due to Customer delays, and Lunchbox will determine when resources can resume after Customer has satisfied its obligations, which will also result in extensions to project timelines. Lunchbox will have no liability for any costs or expenses resulting from such delays.
PERFORMANCE DELAYS. DataBank agrees to provide the Technical Services described in each SOW. If any delays in such Technical Services occur solely as a result of any incorrect information or assumption (as such items are described in Section 4.3 of these General Terms and Conditions) or failure of Customer to perform or fulfill its obligations in connection with any SOW, the performance schedule for the affected Technical Services under the applicable SOW shall be extended up to the extent of any such delays. Any costs or expenses resulting directly or indirectly from such delays shall be borne and paid solely by Customer in accordance with Appendix A and C to DIR Contract No. DIR‐TSO‐4342 and DataBank shall have no liability or responsibility for such costs or expenses. In the event that performance of any milestone set forth in any SOW is not met due to a delay solely caused by DataBank, and provided that such cause is not an event of force majeure as described in Section 11 of these General Terms and Conditions, DataBank agrees to commit such additional resources and personnel as shall be necessary to ensure that such delay does not result in the slippage of later milestones or completion of such Technical Services.
PERFORMANCE DELAYS. Time is of the essence in Seller’s performance of the Purchase Order. If Goods are not delivered or Services rendered within the time periods specified in the Purchase Order, Buyer may, without any liability, cancel the Purchase Order or the then remaining balance thereof by notice effective upon receipt by Seller, or purchase substitute Goods or Services elsewhere and charge Seller with any loss incurred, unless the delay is an excusable delay. An excusable delay shall not constitute default hereunder. The term “excusable delay” shall mean any delay affecting a party’s performance without such party’s fault or negligence and which is due to causes beyond such party’s control, including, without limitation, acts of God or of public enemy, any act of government, fires, floods, freight embargoes, unusually severe weather or strike, acts of terrorism, epidemics or pandemics. The party affected by the delay shall provide the other with written notice of a delay and cause thereof and use its best efforts to continue or resume performance as soon as reasonably practicable. When such party is able to resume performance, it shall immediately give written notice to the other party and resume performance under the Purchase Order. Notwithstanding the existence of an excusable delay, Buyer, at its discretion, may terminate an Order and/or the relevant agreement without being held in breach and source the relevant Goods and/or Services from a third party, if Seller is unable to continue or resume performance within a reasonable time.
