Missed Delivery definition

Missed Delivery or “Missed Deliveries” shall have the meaning set forth in Section 2.2(f).
Missed Delivery means ▇▇▇▇▇▇ fails to make a delivery to a TFM Store within [***]of the time and day scheduled.
Missed Delivery or “Missed Deliveries” shall have the meaning set forth in Section 2.6(a). (q) “Mono Wafers” shall mean monocrystalline silicon wafers for use in solar cells. (r) “Multi Wafers” shall mean multi-crystalline silicon wafers for use in solar cells. (s) “Person” shall mean any natural person, corporation, proprietorship, firm, partnership, limited partnership, limited liability company or partnership, trust, joint venture, union, association, Governmental Authority or other entity. (t) “Purchase Shortfall” shall have the meaning set forth in Section 2.2(a). (u) Restricted MEMC Business” shall mean the design, development, manufacture, marketing or sale of photovoltaic cells and photovoltaic modules. (v) “Restricted Suntech Business” shall mean shall mean (a) the design, development, manufacture, marketing or sale of Multi Wafers or Mono Wafers for use in solar cells or (b) the production of solar grade polysilicon or solar ingots. (w) “Restrictive MEMC Covenants shall have the meaning set forth in Section 2.15(b). (x) “Restrictive Suntech Covenants shall have the meaning set forth in Section 2.14(b). (y) “Retained Loan/Security Deposit Amount” shall have the meaning set forth in Section 3.1. (z) “Subsidiaries” shall mean any Person subject to control by either Party, or any of their respective affiliates. The term “control” as used in the preceding sentence means, with respect to a corporation, the right to exercise, directly or indirectly, fifty percent (50%) or more of the voting rights attributable to the shares of such corporation, or with respect to any Person other than a corporation, the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of such Person. (aa) “Tax” or “Taxes” means all (i) federal, state, local, foreign and other taxes, assessments, duties or similar charges of any kind whatsoever, including all corporate franchise, income, sales, use, ad valorem, receipts, value added, profits, license, withholding, payroll, employment, excise, property, net worth, capital gains, transfer, stamp, documentary, social security, payroll, environmental, alternative minimum, occupation, recapture and other taxes, and including any interest, penalties and additions

Examples of Missed Delivery in a sentence

  • In this case, the Company will record the name of such neighbor to whom we entrusted the cargo on the Missed Delivery Notice.

  • If the termination was validly made by Conergy pursuant to Section 4.2 or Section 4.4(a), MEMC shall return to Conergy the balance of Refundable Capacity Reservation Deposit and pro rated for each Missed Delivery the Retained Refundable Capacity Reservation Deposit Amount of the previous years within sixty (60) days of the termination.

  • In the event the Company exercises one of its Stock Repurchase Options resulting from a Delayed Delivery, a Missed Delivery, or a Cancelled Product, the Company, or its assignees, shall have an unconditional option to purchase from the Purchaser 10% of the Shares originally issued to Purchaser hereunder.

  • Additional Fees may be charged for the following, as explained in the sections of this Agreement: Missed Pick Up or Missed Delivery Fee – up to $75, Redelivery After Failed Attempt ­ up to $350, Special Pickup Fee or Special Delivery Fee ­ up to $400, Late Change of Delivery / Pickup Day or Location ­ up to $350, Billing Fee ­ up to $50, Self Pick­up / Drop­off fee ­ $25.

  • Additional Fees may be charged for the following, as explained in the sections of this Agreement: Missed Pick Up or Missed Delivery Fee – up to $75, Redelivery After Failed Attempt - up to $350, Special Pickup Fee or Special Delivery Fee - up to $400, Late Change of Delivery / Pickup Day or Location - up to $350, Billing Fee - up to $50, Self Pick-up / Drop-off fee - $25.

  • In addition to, and without limiting TFM’s other rights and remedies, if, after the first (1st) [***] of the commencement of this Agreement, a Missed Delivery occurs (a) more than [***] times in one (1) month or (b) more than [***] times in six (6) consecutive months, TFM may terminate this Agreement by written notice to ▇▇▇▇▇▇.

  • The Parties expressly agree and acknowledge that any Missed Delivery hereunder shall not allow the Buyer to terminate this Agreement; provided, however, subject to Article II.12, the Buyer shall have the right to claim actual damages against Seller for failure to deliver Wafers on a timely basis after reasonable best efforts to mitigate such damages by the Buyer.

  • For the avoidance of doubt, the Seller shall provide all the Quarter Quantity in full for the Contract Year ending on December 31, 2008 and Article II.6 shall not apply to any Missed Delivery existed for the Contract Year ending on December 31, 2008.

  • If we are unable to resell the Goods within 30 days of the date of the Missed Delivery Notice then we will raise an invoice for, and you will pay us in accordance with clause 10.6, the full price of the unsold Goods.

  • Additional Fees may be charged for the following, as explained in the sections of this Agreement: Missed Pick Up or Missed Delivery Fee – up to $75, Redelivery After Failed Attempt - up to $350, Access Storage Items - $25, Special Pickup Fee or Special Delivery Fee - up to $400, Late Change of Delivery / Pickup Day or Location - up to $350, Billing Fee - up to $50, Self Pick-up / Drop-off fee - $25, Additional Abandonment Fees - Costs incurred when storage items are not claimed by the Customer.


More Definitions of Missed Delivery

Missed Delivery shall have the meaning set forth in Article II.6.