Performance Variation Sample Clauses
Performance Variation. (a) (Performance difficulty): The Recipient is liable to pay to the Supplier, as an Extra Supply, any cost incurred by the Supplier resulting from:
(i) (supply delay): any delay in delivery of any Supply Products for any reason of any nature or description, excluding any default by the Supplier under this Agreement.
(ii) (supply change): any change in timing or complexity, or any fact affecting performance, of any Supply Products by the Supplier, which could not be reasonably anticipated or associated by the Supplier in relation to or with the performance or supply of any goods similar to that Supply Products; or
(iii) (delivery change): any change in performance of Products Delivery requested by the Recipient and agreed by the Supplier requiring performance at a site different from any specified Performance Site or at a time prior or subsequent to the Delivery Period.
Performance Variation. (a) (Performance difficulty): The Recipient is liable to pay to the Supplier, as an Extra Supply, any cost incurred by the Supplier resulting from:
(i) any delay in delivery or installation of any Supply Deliverables;
(ii) any change in timing or complexity, or any fact affecting performance, of any Supply Service by the Supplier, which could not be reasonably anticipated or associated by the Supplier in relation to or with the performance or supply of any goods or services similar to that Supply Service, for any reason of any nature or description, excluding any default by the Supplier under this Agreement.