Timely Delivery. In the event any Warrants are not timely delivered, the Investor shall have no obligation to purchase Put Shares pursuant to this Agreement.
Timely Delivery. CLIENT shall cause the EFT data to be delivered to Cliq in a timely fashion to permit the electronic processing on the date designated by CLIENT which is estimated to require the delivery of the EFT Data not less than (2) banking days prior to the scheduled processing date. All data must be delivered before the end of the banking day. Cut–off time: 12:00 P.M. PST.
Timely Delivery. GSK shall use commercially reasonable efforts to ensure that each Product delivery to Prometheus and/or its designee is made within the time frames requested by Prometheus on accepted Purchase Orders. From time to time, GSK may be unable to meet the Delivery Date set forth in an accepted Purchase Order. In such an event, GSK promptly shall notify Prometheus of the revised Delivery Dates. Prometheus shall provide GSK prompt notice of its agreement to such revised Delivery Dates unless the revised dates would reasonably be expected to result in having less than thirty (30) days of safety stock or in short-dated Product inventory with less than twelve (12) months remaining shelf life. If the revised Delivery Dates would result in Prometheus having less than thirty (30) days of safety stock or short-dated Product situation, Prometheus shall provide GSK notice of its rejection of the revised Delivery Dates and reasonably detailed documentation evidencing the below thirty (30) day safety stock or short-dated Product situation. Immediately thereafter, GSK shall enter Prometheus' open purchase order(s) into GSK's "Supply Chain Issue Management" process to escalate the matter to a senior level discussion for evaluation and resolution and shall take those actions necessary to fill such purchase order(s). Prometheus shall receive a discount of [***] percent ([***]%) for Product delivered more than [***] calendar days past the Delivery Date specified in a Purchase Order accepted by GSK under Section 2.3, as such Delivery Date may be revised under this Section 3.7. Prometheus shall receive a discount of [***] percent ([***]%) for Product delivered more than [***] calendar days past the Delivery Date specified in a Purchase Order accepted by GSK under Section 2.3, as such Delivery Date may be revised under this Section 3.7. Prometheus shall receive a discount of [***] percent ([***]%) for Product delivered more than [***] calendar days past the Delivery Date specified in a Purchase Order accepted by GSK under Section 2.3, as such Delivery Date may be revised under this Section 3.7. For the avoidance of doubt, Prometheus shall not be entitled to any discount for Product reflected on any Purchase Order reflecting an accommodation and accepted by GSK under Section 2.4. In lieu of receiving a discount, in the event Prometheus already has qualified a Third Party Supplier under Section 4.6(a), Prometheus may cancel the applicable Purchase Order and, if desired, arrange for ma...
Timely Delivery. Timely deliveries and/or completions of service are of the essence for this Order. Buyer may, at Xxxxx’s option and at Seller’s expense, refuse to accept or return any merchandise delivered, or services performed, after the date (s) specified in this Order. Buyer shall not be liable for the purchase of merchandise, or the payment of services, refused, returned or rejected, as applicable, based upon late delivery or performance. If the job site for which any merchandise is intended is not ready for deliveries, Seller, upon notice from Buyer, shall hold such merchandise for a reasonable period and at no cost.
Timely Delivery. Time is of the essence. Supplier shall deliver the Goods and/or Services strictly in accordance with the dates and requirements set forth or referenced on the face of the PO and other terms and conditions set forth herein or attached hereto. If Supplier fails to deliver on time, unless waived by Buyer in writing, Buyer may cancel the PO and purchase replacement goods and/or services elsewhere and Supplier will be liable for actual and reasonable costs and damages Buyer incurs. Supplier will promptly notify Buyer if it is unable to comply with the delivery date specified in the PO. As a condition to Buyer accepting late delivery, Supplier may be required to expedite shipment, in which case Supplier shall incur the extra cost of expedited shipment. Delivery of Goods must include a packing slip, certificate of conformance or analysis, commercial invoice (if applicable) referencing the PO number and any other requested documentation. If only a portion of Goods is available for shipment to meet the delivery date, Supplier shall ship the available Goods unless directed by Buyer to reschedule shipment. If only a portion of the Services can be performed on the delivery date, Supplier shall perform such Services unless directed by Buyer to reschedule performance. Partial deliveries shall be deemed late shipments and be considered complete only when all Goods and Services have been delivered.
Timely Delivery. CLIENT shall cause the EFT data to be delivered to PRI in a timely fashion to permit the electronic processing on the date designated by CLIENT which is estimated to require the delivery of the EFT Data not less than (2) banking days prior to the scheduled processing date.
Timely Delivery. Regarding timely delivery of Products, the Parties agree that time is of the essence under this Agreement subject to Section 17. Supplier shall deliver the Products on the delivery date specified in the Purchase Order, or within 10 days before (the “Delivery Date”), or the revised Delivery Date if Distributor reasonably requests so. Supplier will immediately notify Distributor of any prospective inability to meet the Delivery Date.
Timely Delivery. 3. Suppliers of good repute in business conduct and information exchange during the contract period.
Timely Delivery. Provision of Goods and/or Services shall be made when stated, on time and in full, and failure to perform in a timely manner (including, without limitation, late delivery), unless waived by Buyer in writing, shall entitle Buyer to (a) terminate this PO; (b) reject late performance; or (c) procure Goods and/or Services elsewhere; and in any such event, hold Supplier accountable for damages arising therefrom. As a condition to Buyer accepting late delivery, Supplier may be required to expedite shipment, in which case Supplier shall incur the extra cost of expedited shipment. Supplier shall deliver the Goods and/or Services strictly in accordance with the dates and requirements set forth or referenced on the face of this PO and the other terms and conditions set forth herein, including but not limited to the shipping, labeling and packaging requirements set forth at xxxxx://xxxxxxxxxxx.xxxxx.xxx/content/dam/diagnostics/us/en/support/GSC-QAP- 0001.pdf, temperature and stability guidelines, and any other specifications, requirements and statement(s) of work. Delivery of Goods must include a packing slip, certificate of conformance or analysis, commercial invoice (if applicable) and any other requested documentation.
Timely Delivery. All dates for delivery of API are firm and time is of the essence. Customer shall not be obligated to accept any untimely, incomplete or excessive shipments. Supplier shall promptly notify Customer in writing of any anticipated delay or of any circumstance(s) rendering it unable to supply API in accordance with the terms of a Purchase Order and the estimated duration of such delay/circumstance(s). Any order delivered within five (5) calendar days of the requested delivery date will be considered delivered on time. In the event the Supplier fails to fulfill its API supply obligations as set out under this Agreement, it shall, as Customer’s sole and exclusive remedy for such failure (save for Customer’s rights under Section 11 below), compensate Customer, against Customer’s invoice supported by relevant documentation, for the direct and verifiable out-of-pocket costs and/or expenses incurred by Customer as a direct consequence of such failure, provided further that such costs could not have been avoided or mitigated by Customer, including but not limited to through the use of the Customer’s safety stock referred to in Section 4.3. In no event shall Supplier be under any obligation to compensate or otherwise be liable for any loss of profits, loss of business or interruption of business of Customer or any Third Party, or for any other indirect, special, incidental, consequential or punitive losses or damages of any kind.
