Supplier Delays Sample Clauses

Supplier Delays. Subject to Section 6.11 and Section 17, if the Supplier has not despatched the Products (or any of them) by the Despatch Date then:
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Supplier Delays. If Supplier fails to pay the Administrative Fee, or fails to submit a Quarterly Sales Statement in accordance with the requirements set forth in this Agreement, Supplier will be subject to the payment of the following sums. Because of the difficulty in determining the injury to UHC caused by such failure, the following represents an assessment of the administrative costs caused, and is not a penalty: Upon the occasion of the first failure to receive Administrative Fees or a Quarterly Report, Supplier will receive a written warning. Supplier will have fifteen (15) days to correct the deficiency. Should Supplier fail to remit the Administrative Fee or Quarterly report, Supplier will be sent a second failure notice and have fifteen (15) days to correct the deficiency. This process will continue until the Administrative Fee and Quarterly report is submitted. In addition to the failure notices, Supplier will be subject to the following fees for each quarterly failure to pay Administrative Fee or submit a Quarterly report occurrence: 2nd failure: $ 1000.00 3rd failure: $ 1,500.00 4th failure: $ 2,500.00 5th failure: $ 5,000.00 UHC’s assessment of administrative costs in accordance with this Section will be in addition to any other rights and remedies UHC may have by reason of Supplier’s failure to pay the Administrative Fees or provide the Quarterly Reports within the time and manner required by this Agreement.
Supplier Delays. (a) If the Supplier fails or notifies the RTA under clause 8.2 that it may fail to meet a Milestone for any reason other than:
Supplier Delays. Any material delay in the project completion of longer than 3 months after the applicable Target Completion Date, up to and including completion of [*] activities, caused solely and directly by matters reasonably within the control of Supplier will be considered a Supplier delay in project. Supplier will provide a [*]% discount on all Company’s Milestone Payments at the time the delay is incurred up to and including Company’s full Company Contribution. If a delay in the project goes beyond [*] months after the applicable Target Completion Date, an additional [*]% discount will CONTAINED IN THIS DOCUMENT, MARKED BY [*], HAS BEEN OMITTED BECAUSE REVANCE THERAPEUTICS, INC., HAS DETERMINED THE INFORMATION (I) IS NOT MATERIAL AND (II) IS THE TYPE THAT REVANCE THERAPEUTICS, INC. TREATS AS PRIVATE AND CONFIDENTIAL. be credited within [*] days of such delay being triggered. All Supplier delay discounts will be in the form of an evenly applied discount to manufacturing services in the first [*]of commercial production. In addition, this Agreement may be terminated by Company in its sole discretion with immediate effect in the case of a delay in the project beyond [*]from the Target Completion Date. In the event of such termination, Supplier shall refund to Company all payments made, plus [*]%. Notwithstanding the foregoing, Company shall not be entitled to any discount and may not terminate this Agreement to the extent any delay in the project is due in whole or in part to Company’s actions, failure to make payments in a timely fashion, inactions, vendors and contractors engaged directly by Company, requests, changes or change orders, or a Force Majeure event that is governed by Section 25.8.
Supplier Delays. Subject to Section 7.13 and Section18, if the Supplier has not despatched the Products (or any of them) by the Despatch Date then: (a) the Customer may notify the Supplier in writing of the delay and require Delivery within ten (10) Business Days of such notice; and (b) if Delivery of those Products does not take place within that extended period then that Order (or the relevant part of it) will be deemed cancelled (and neither Party shall have any liability to the other in respect of that part of the Order) and the Customer may obtain similar products in respect of that Order from an alternative supplier (on the condition that it notifies the Supplier in advance of its intention to do so). 7.12 The Parties agree and acknowledge that Section 7.11 sets out the Customer’s only remedy for any delay or failure by the Supplier to Deliver the Products (in whole or in part) and any such delay or failure will not be a breach of the Agreement. The Supplier will not be liable for any loss or damage arising from or relating to its delay or failure to Deliver the Products including the Customer’s costs of obtaining similar products from an alternative supplier. 7.13 Customer Delays If the Customer fails to collect, or fails to accept any shipment of the Products or Delivery is delayed due to the Customer's carrier or a failure by the Customer to provide information or instructions that have been requested by the Supplier then: (a) risk will pass to the Customer on the Despatch Date; and/or (b) the Customer will reimburse the Supplier for any additional costs incurred (including for interim storage).

Related to Supplier Delays

  • Force Majeure Delays In any case where either party hereto is required to do any act (other than the payment of money), delays caused by or resulting from Acts of God or Nature, war, civil commotion, fire, flood or other casualty, labor difficulties, shortages of labor or materials or equipment, government regulations, delay by government or regulatory agencies with respect to approval or permit process, unusually severe weather, or other causes beyond such party’s reasonable control the time during which act shall be completed, shall be deemed to be extended by the period of such delay, whether such time be designated by a fixed date, a fixed time or “a reasonable time.”

  • Excusable Delays Except with respect to defaults of subproviders, the Engineer shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Engineer. Such causes may include, but are not restricted to, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather.

  • Tenant Delays A "Tenant Delay” shall be defined as any delay in the design, permitting or performance of the Base Building Work to the extent that such delay is actually caused by any act or, where there is a duty to act under this Lease, any failure to act by Tenant or Tenant's contractors, architects, engineers, or anyone else engaged by or on behalf of Tenant in connection with the construction of the Tenant Improvement Work as set forth in this Article III (including, without limitation, any delays resulting from the Approved Tenant Finishes under Section 3.l(C) above) and disclosed to Tenant as hereinafter provided. Notwithstanding the foregoing, in no event shall any delays in the completion of the Base Building Work caused by Tenant’s use of non-union labor constitute a Tenant Delay hereunder. Notwithstanding the foregoing, no event shall be deemed a Tenant Delay unless and until Landlord has given Tenant written notice (the "Tenant Delay Notice") advising Tenant: (x) that a Tenant Delay is occurring and setting forth Landlord's good faith estimate as to the likely length of such Tenant Delay; (y) of the basis on which Landlord has determined that a Tenant Delay is occurring; and (z) the actions which Landlord believes that Tenant must take to eliminate such Tenant Delay. No event shall be deemed to be a Tenant Delay unless and until Tenant has failed to rectify the situation causing the Tenant Delay within forty-eight (48) hours after Tenant's receipt of the Tenant Delay Notice (which for the purposes of determining receipt may be delivered by hand to Tenant's Construction Representative, with copies to follow to Tenant at the notice address set forth in Section 1.2 of this Lease within five (5) days thereafter); provided, however, that if Tenant shall fail to eliminate the delay within the aforesaid 48-hour period, then the 48-hour cure period shall be included in the period of time charged to Tenant pursuant to such Tenant Delay Notice (it being understood and agreed that if Tenant shall in fact eliminate the Tenant Delay within the 48-hour cure period, no Tenant Delay shall be deemed to have occurred for the purposes of this Article III). In addition, any delay to the extent caused by (i) Landlord Delay or (ii) subject to the limitations of subsection (D) below, Tenant's Force Majeure (as defined in said subsection (D)) shall not constitute Tenant Delay. Tenant covenants that no Tenant Delay shall delay commencement of the Term or the obligation to pay Annual Fixed Rent or Additional Rent. The Delivery Dates and/or the date of substantial completion of the Base Building Work, as applicable, shall be deemed to have occurred as of the date when such Delivery Dates and/or date of substantial completion of the Base Building Work, as applicable, would have occurred but for any Tenant Delays, as determined by Landlord in the exercise of its good faith business judgment (it being understood and agreed that the foregoing shall not be construed so as to relieve Landlord of its obligation to actually complete the Base Building Work, notwithstanding the fact that substantial completion may have been deemed to have occurred prior to actual completion as the result of Tenant Delays).

  • CORRECTION OF WORK 13.2.1 The Contractor shall be responsible for correcting all Work which the Architect has found to be defective or which fails to conform to the Contract Documents whether observed be- fore or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Architect's and the State’s additional services made necessary thereby. The Architect, upon a finding of defect or failure to conform, shall immediately notify the State and Contractor, in writing, of the defect. The Contractor shall begin correcting the defective or non-conforming Work within ten (10) days unless the State agrees to a Change Order which reflects the reduction in Contract Sum due to the value of diminishment of the defective or nonconforming Work.

  • Unavoidable Delays Delays due to acts of God, acts of public agencies, labor disputes, strikes, fires, freight embargoes, inability (despite the exercise of due diligence) to obtain supplies, materials, fuels or permits, or other causes or contingencies (excluding financial inability) beyond the reasonable control of Landlord or Tenant, as applicable. Landlord shall use commercially reasonable efforts to provide Tenant with prompt notice of any Unavoidable Delays.

  • System Upgrade Facilities and System Deliverability Upgrades Connecting Transmission Owner shall design, procure, construct, install, and own the System Upgrade Facilities and System Deliverability Upgrades described in Appendix A hereto. The responsibility of the Developer for costs related to System Upgrade Facilities and System Deliverability Upgrades shall be determined in accordance with the provisions of Attachment S to the NYISO OATT.

  • Excusable Delay The Contractor is entitled to an equitable adjustment of time, issued via Change Order, for delays caused by the following:

  • Tenant Delay If substantial completion of the Tenant Improvements, Warm Shell Improvements or Base Building is delayed due to any of the following (collectively, "Tenant Delays"), then the Delivery Date and/or Commencement Date, as applicable, shall be adjusted to reflect what the substantial completion date would have been if there had been no delay: (i) Tenant's failure to timely submit any items required by this Work Letter, including, without limitation, Tenant's Plans; (ii) Tenant Modifications; (iii) Tenant's failure to comply with Landlord's contractor's schedule; (iv) Tenant's or Tenant's Contractor's failure to comply with Paragraph 8, (v) Tenant's requested changes to the Tenant's Plans after they are approved by Landlord; (vi) Tenant's request for materials, finishes or installations which require longer than thirty (30) days to complete; (vii) delays caused by Tenant in construction of the Warm Shell Improvements or the Tenant Improvements; or (viii) any other event expressly constituting "Tenant Delay" pursuant to any provision of this Work Letter. Landlord shall give Tenant at least five (5) days prior notice if Landlord becomes aware that Tenant is in danger of causing a Tenant Delay, and if Tenant takes appropriate measures to prevent such delay within such five (5) day period, no adjustment to the Delivery Date or Commencement Date shall be made on account of such Tenant Delay; provided, however, that if such delay was not reasonably foreseeable by Landlord, the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, that no such notice shall be required if Tenant Delay results from Tenant's failure to perform any obligation within a specific date or time period (including, without limitation, any delay in delivery of Tenant's space plan or Working Drawings or non-compliance with Landlord's contractor's schedule), or from schedule changes resulting from Tenant Modifications of which Tenant is advised by Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due to the parties' relative positions with respect to the construction process, are more likely to be foreseeable by Tenant than by Landlord.

  • Technical Specifications 1. A procuring entity shall not prepare, adopt or apply any technical specification or prescribe any conformity assessment procedure with the purpose or effect of creating an unnecessary obstacle to trade between the Parties.

  • Uncovering and Correction of Work 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 9.1.2

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