Buyer-Caused Delay definition

Buyer-Caused Delay means any delay in Siemens’ or its Subcontractors’ performance of the Work which is caused by (i) Buyer’s or any Buyer Party’s failure to timely perform its obligations under this Agreement, or (ii) any other event or cause which is beyond the control or not the responsibility of Siemens or any of its Subcontractors, and is not otherwise a Force Majeure Event.
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Buyer-Caused Delay means (i) a material breach or default under this Agreement or any Ancillary Agreement by Buyer or (ii) property damage resulting from the Physical Negligence, fraud, or willful misconduct of Buyer.
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Buyer-Caused Delay means any delay affecting Seller that is the fault of
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Examples of Buyer-Caused Delay in a sentence

  • The suspension of performance due to a Force Majeure Event or Buyer-Caused Delay shall be of no greater scope and of no longer duration than is required by the Force Majeure Event or Buyer-Caused Delay, as applicable.

  • Any delay in Seller's or Buyer's performance ---------------------- beyond the date and time for such performance set forth in this Agreement shall be a Force Majeure Delay, a Buyer-Caused Delay or a Seller-Caused Delay.

  • Notwithstanding the foregoing, any obligation to make payments accrued prior to the Force Majeure Event or Buyer-Caused Delay shall not be excused.

  • Promptly after a notice is given pursuant to the preceding sentence, Buyer and Sellers shall meet in person or telephonically to discuss the basis and terms upon which the arrangements set out in this Agreement shall be continued, taking into account the effects of such Force Majeure Event or Buyer-Caused Delay, as applicable.

  • Any suspension of the Work by Tesla due to Buyer’s remediation of such Hazardous Materials on the Site constitutes a Buyer-Caused Delay.

  • Subject to the foregoing, this Agreement shall bind heirs, executors, administrators, successors, and assigns of the parties.

  • As soon as possible following the occurrence of an event the affected party believes is a Force Majeure Event or Buyer-Caused Delay, the affected party desiring to invoke a Force Majeure Event or a Buyer-Caused Delay as a cause for delay in its performance of, or failure to perform, any obligation hereunder, shall provide the other party written notice describing in detail the Force Majeure Event or Buyer-Caused Delay, as applicable, including the expected duration and effect thereof.

  • The burden of proof for establishing the existence and consequences of a Force Majeure Event or Buyer-Caused Delay lies with the party initiating the claim.

  • If a Force Majeure Delay, a Seller-Caused Delay, or a Buyer-Caused Delay is deemed to have occurred but such delay has no effect on the date the Building Shell, Land Improvements or Interior Improvements are to be designed or developed, then such delay shall be waived; if more than one type of delay contributed to a delay, the delay shall be fairly apportioned between or among the contributing types of delay.

  • If the suspension is not due to Tesla’s breach of this Agreement, the suspension constitutes a Buyer-Caused Delay.


More Definitions of Buyer-Caused Delay

Buyer-Caused Delay means a delay in Tesla’s or any Subcontractor’s performance of the Work to the extent due to:
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Buyer-Caused Delay means a delay in or interference with WST Seller’s performance or achievement of a Project Milestone resulting from the acts or omissions of Buyer or its employees, including a failure to interconnect the Project (not caused by a failure by another Party or a Third Person) and a failure of Buyer to meet any of its obligations under either LGIA or the Wires-to-Wires Agreement.
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Buyer-Caused Delay means a delay in Tesla’s performance of its obligations under this Agreement, to the extent due to Buyer’s failure to perform any of its obligations under this Agreement, or Buyer’s failure to provide any information or cooperation reasonably requested by Tesla.
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Buyer-Caused Delay means (A) an act or omission of Buyer that adversely affects Tesla’s performance of the Work, (B) an inaccuracy, error or change in Buyer-Provided Information, (C) or any other event identified as a Buyer-Caused Delay in this Agreement.
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Buyer-Caused Delay means a delay in or interference with WST Seller’s performance or achievement of a Project Milestone resulting from the acts or omissions of Buyer or its employees, including a failure to interconnect the Project (not caused by a failure by another Party or a Third Person) and a failure of Buyer to meet any of its obligations under either LGIA or the Wires- to-Wires Agreement.
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Related to Buyer-Caused Delay

  • Excusable Delay means a delay due to acts of God, governmental restrictions, stays, judgments, orders, decrees, enemy actions, civil commotion, fire, casualty, strikes, work stoppages, shortages of labor or materials or other causes beyond the reasonable control of Borrower, but lack of funds in and of itself shall not be deemed a cause beyond the control of Borrower.

  • Constructive Termination means:

  • Excusable Delays means delays due to acts of terrorism, acts of war or civil insurrection, strikes, riots, floods, earthquakes, fires, tornadoes, casualties, acts of God, labor disputes, governmental restrictions or priorities, embargoes, national or regional material shortages, failure to obtain regulatory approval from any Federal or State regulatory body, unforeseen site conditions, extraordinary rainfall or snowfall, or any other condition or circumstances beyond the reasonable or foreseeable control of the applicable Party using reasonable diligence to overcome which prevents such Party from performing its specific duties or obligation hereunder in a timely manner; provided, however, Excusable Delay does not include lack of financing, unanticipated or unexpected increases in the costs of construction, or errors in business judgment by a Party; and provided further that Excusable Delay shall only extend the time of performance for the period of such Excusable Delay, which shall begin on the date which the event of Excusable Delay first occurs and extend until the date which the event which has caused the Excusable Delay has been corrected or performed, or reasonably should have been corrected or performed.

  • Constructive Termination Without Cause means the termination of the Executive’s employment at his initiative after, without the Executive’s prior written consent, one or more of the following events:

  • Termination for Good Reason means a Termination of Employment by Executive for a Good Reason.

  • Force Majeure Delay means with respect to the Servicer, any cause or event which is beyond the control and not due to the negligence of the Servicer, which delays, prevents or prohibits such Person’s delivery of the reports required to be delivered or the performance of any other duty or obligation of the Servicer under the Indenture, as the case may be, including, without limitation, computer, electrical and mechanical failures, acts of God or the elements and fire; provided, that no such cause or event shall be deemed to be a Force Majeure Delay unless the Servicer shall have given the Indenture Trustee written notice thereof as soon as practicable after the beginning of such delay.

  • Effective Termination Date has the meaning set forth in Section 10(b) hereof.

  • Excused Outage means any disruption to or unavailability of Services caused by or due to (i) Scheduled Maintenance,

  • Reduced leave schedule means a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.

  • Force Majeure Delays means any actual delay in the construction of the Tenant Improvements, which is beyond the reasonable control of Landlord or Tenant, as the case may be, as described in Paragraph 33 of the Lease.

  • Delivery Period Termination Date Has the meaning specified in the Related Pass Through Trust Supplement.

  • Voluntary Termination for Good Reason means that the Executive voluntarily terminates his employment after any of the following are undertaken without Executive’s express written consent:

  • Just Cause means:

  • Disability Date means the date on which a Participant is deemed disabled under the employee benefit plans of the Corporation applicable to the Participant.

  • Exercise Termination Event (i) the Effective Time (as defined in the Merger Agreement) of the Merger; (ii) termination of the Merger Agreement in accordance with the provisions thereof if such termination occurs prior to the occurrence of an Initial Triggering Event, except a termination by Grantee pursuant to Section 8.1(d) of the Merger Agreement (unless the breach by Issuer giving rise to such right of termination is non-volitional); or (iii) the passage of 12 months after termination of the Merger Agreement if such termination follows the occurrence of an Initial Triggering Event or is a termination by Grantee pursuant to Section 8.1(d) of the Merger Agreement (unless the breach by Issuer giving rise to such right of termination is non-volitional) (provided that if an Initial Triggering Event continues or occurs beyond such termination and prior to the passage of such 12-month period, the Exercise Termination Event shall be 12 months from the expiration of the Last Triggering Event but in no event more than 18 months after such termination). The "Last Triggering Event" shall mean the last Initial Triggering Event to expire. The term "Holder" shall mean the holder or holders of the Option.

  • Termination for Just Cause means termination because of Executive’s personal dishonesty, incompetence, willful misconduct, breach of fiduciary duty involving personal profit, intentional failure to perform stated duties, willful violation of any law, rule or regulation (other than traffic violations or similar offenses) or final cease-and-desist order, or material breach of any provision of this Agreement.

  • Defects Liability Period (Warranty Period) means the period stated in the Schedule A Special Stipulations, following the taking over, during which the Contractor is responsible for making good defects and damage in accordance with Clause 15.

  • Good Reason Termination means a termination of employment or service initiated by the Participant upon or after a Change of Control upon one or more of the following events:

  • Terminating Event means any of the following events:

  • Due Cause means any of the following events:

  • Termination for Cause or "Cause" shall mean personal dishonesty, incompetence, willful misconduct, breach of fiduciary duty involving personal profit, intentional failure to perform stated duties, willful violation of any law, rule or regulation (other than traffic violations or similar offenses), or final cease and desist order, or any material breach of this Agreement, in such case as measured against standards generally prevailing at the relevant time in the savings and community banking industry. For purposes of this Section, no act, or the failure to act, on the Executive's part shall be "willful" unless done, or omitted to be done, in bad faith and without reasonable belief that the action or omission was in the best interest of the Bank or its affiliates. Any act, or failure to act, based upon authority given pursuant to a resolution duly adopted by the Board or based upon the written advice of counsel for the Bank shall be conclusively presumed to be done, or omitted to be done, by the Executive in good faith and in the best interests of the Bank. Notwithstanding the foregoing, the Executive shall not be deemed to have been terminated for Cause unless and until there shall have been delivered to him a Notice of Termination which shall include a copy of a resolution duly adopted by the affirmative vote of not less than three-fourths of the members of the Board at a meeting of the Board called and held for that purpose (after reasonable notice to the Executive and an opportunity for him, together with counsel, to be heard before the Board), finding that in the good faith opinion of the Board, the Executive was guilty of conduct justifying Termination for Cause and specifying the particulars thereof in detail. The Executive shall not have the right to receive compensation or other benefits for any period after Termination for Cause.

  • Good Reason Event means (1) fraud, criminal conduct or willful misconduct by or on the part of the Company, (2) a representation or warranty made by the Company herein proving to be untrue in any material respect, or (3) a default in the due performance or observance by the Company of any covenant or agreement contained in this Agreement and such default continuing unremedied for a period of 30 days after written notice thereof to the Company by the Dealer Manager.

  • Fraud Loss Coverage Termination Date The point in time at which the Fraud Loss Coverage Amount is reduced to zero.

  • Excused Downtime means the number of minutes in the Charging Period, rounded to the nearest minute that the link state of Customer’s Port is ‘down’ due to:

  • Unexcused absence means an absence from school that is not authorized by the local school administrator or local school corporation rule.

  • Daily Delay Damages means with respect to a Guaranteed Project Milestone, an amount equal to (a) the Project Development Security Amount posted as of the first date that Daily Delay Damages are payable under this Agreement with respect to such Guaranteed Project Milestone, divided by (b) 120.