Late or Non-delivery of Product Sample Clauses

Late or Non-delivery of Product. In the event that Alpharma fails to deliver Product on or before the delivery date specified in the applicable Purchase Order, ViroPharma shall notify Alpharma of such delay and Alpharma shall provide ViroPharma with the precise date of arrival for the shipment. If ViroPharma cannot accept the new date specified for delivery by Alpharma, or if the shipment fails to arrive within [***] days after the newly specified date to which ViroPharma has agreed, then ViroPharma may cancel all or a portion of the affected order without liability to Alpharma. The quantities so cancelled will be credited against ViroPharma’s purchase requirements under Section 9(a) and 14(a) of this Agreement. In addition, provided that the reason for the delay is caused by Alpharma, Alpharma will reimburse ViroPharma for [***] Indicates material that has been omitted and for which confidential treatment has been requested. All such omitted material has been filed with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. the difference between ViroPharma’s contract price with Alpharma under this Agreement and the actual cost of any cover product purchased by ViroPharma upon Alpharma’s failure to supply provided that Alpharma shall not, in any event, owe ViroPharma a payment under this subsection (c) which exceeds [***]% of the purchase price of all cancelled orders if such Products had been timely delivered hereunder. The remedies set forth in this subparagraph 26(c) shall be ViroPharma’s sole and exclusive remedy in respect of late or non-delivery of Product except, if applicable, the remedies set forth in Sections 26(b) and (f).
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Late or Non-delivery of Product. In the event that Xellia fails to deliver Product on or before the delivery date specified in the applicable Purchase Order, ViroPharma shall notify Xellia of such delay and Xellia shall provide ViroPharma with the precise date of arrival for the shipment. If ViroPharma cannot accept the new date specified for delivery by Xellia, or if the shipment fails to arrive within *** days after the newly specified date to which ViroPharma has agreed, then ViroPharma may cancel all or a portion of the affected order without liability to Xellia. The quantities so cancelled will be credited against ViroPharma’s purchase requirements under Section 9(a) and 14(a) of this Agreement. In addition, provided that the reason for the delay is caused by Xellia, Xellia will reimburse ViroPharma for the difference between ViroPharma’s contract price with Xellia under this Agreement and the actual cost of any cover product purchased by ViroPharma upon Xellia’s failure to supply provided that Xellia shall not, in any event, owe ViroPharma a payment under this subsection (c) which exceeds ***% of the purchase price of all cancelled orders if such Products had been timely delivered hereunder. The remedies set forth in this subparagraph 26(c) shall be ViroPharma’s sole and exclusive remedy in respect of late or non-delivery of Product except, if applicable, the remedies set forth in Sections 26(b) and (f).
Late or Non-delivery of Product. In the event that Altairnano fails to deliver Product on or before the delivery date specified under Exhibit B, Elanco may cancel all or a portion of the affected order. The delivery date specified under Exhibit B may change as the result of agreement by the Steering Committee.

Related to Late or Non-delivery of Product

  • Delivery of Product (a) No later than the deadlines set forth in subsections (i) and (ii) below, Seller shall submit, or cause Seller’s SC(s) to submit:

  • Delivery of Products All shipments of Products shall be made either F.O.B. Destination or F.O.B. Shipping Point as designated in the Purchase Order.

  • Delivery of Materials In the event of any expiration or termination of this Agreement, Contractor shall promptly provide the JBE with all originals and copies of the Deliverables, including any partially-completed Deliverables-related work product or materials, and any JBE-provided materials in its possession, custody, or control. In the event of any termination of this Agreement, the JBE shall not be liable to Contractor for compensation or damages incurred as a result of such termination; provided that if the JBE’s termination is not for cause, the JBE shall pay any fees due under this Agreement for Services performed or Deliverables completed and accepted as of the date of the JBE’s termination Notice.

  • NON-DELIVERY OF POSSESSION In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the Lease term, through no fault of Landlord or its agents, then Landlord or its agents shall have no liability, but the rental herein provided shall xxxxx until possession is given. Landlord or its agents shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the demised Premises and pay the rental herein provided from that date. In the event possession cannot be delivered within such time, through no fault of Landlord or its agents, then this Agreement and all rights hereunder shall terminate.

  • Delivery of Documents; Delivery Dates (a) The Trustee is hereby directed (i) to execute and deliver the Intercreditor Agreement, the Escrow Agreement and the NPA on or prior to the Issuance Date, each in the form delivered to the Trustee by the Company, and (ii) subject to the respective terms thereof, to perform its obligations thereunder. Upon request of the Company and the satisfaction or waiver of the closing conditions specified in the Underwriting Agreement, the Trustee shall execute, deliver, authenticate, issue and sell Applicable Certificates in authorized denominations equaling in the aggregate the amount set forth, with respect to the Applicable Trust, in Schedule I to the Underwriting Agreement evidencing the entire ownership interest in the Applicable Trust, which amount equals the maximum aggregate principal amount of Equipment Notes which may be purchased by the Trustee pursuant to the NPA. Except as provided in Sections 3.03, 3.04, 3.05 and 3.06 of the Basic Agreement, the Trustee shall not execute, authenticate or deliver Applicable Certificates in excess of the aggregate amount specified in this paragraph. The provisions of this Section 5.01(a) supersede and replace the first sentence of Section 3.02(a) of the Basic Agreement, with respect to the Applicable Trust.

  • Non Delivery C15.1 Where the Goods, having been placed in transit, fail to be delivered to the Authority on the due date for delivery, the Authority shall, (provided that the Authority has been advised in writing of the dispatch of the Goods), within ten (10) Working Days of the notified date of delivery, give notice to the Contractor that the Goods have not been delivered and may request the Contractor free of charge to deliver substitute Goods within the timescales specified by the Authority or terminate the Contract in accordance with clause C13.4 (Delivery).

  • Delivery of Invoices Such Grantor will deliver to the Administrative Agent immediately upon its request after the occurrence and during the continuation of an Event of Default duplicate invoices with respect to each Account owned by it bearing such language of assignment as the Administrative Agent shall specify.

  • Free Delivery of Assets Notwithstanding any other provision of this Agreement and except as provided in Section 3 hereof, the Custodian, upon receipt of Special Instructions, will undertake to make free delivery of Assets, provided such Assets are on hand and available, in connection with a Fund's transactions and to transfer such Assets to such broker, dealer, Subcustodian, bank, agent, Securities System or otherwise as specified in such Special Instructions.

  • PRODUCT DELIVERY Delivery must be made as ordered to the address specified on the Purchase Order and in accordance with the terms of the Contract or Contract Award Notice. Unless otherwise specified in the Bid Documents, delivery shall be made within thirty calendar days after receipt of a Purchase Order by the Contractor. The decision of the Commissioner as to compliance with delivery terms shall be final. The burden of proof for delay in receipt of Purchase Order shall rest with the Contractor. In all instances of a potential or actual delay in delivery, the Contractor shall immediately notify the Commissioner and the Authorized User, and confirm in writing the explanation of the delay, and take appropriate action to avoid any subsequent late deliveries. Any extension of time for delivery must be requested in writing by the Contractor and approved in writing by the Authorized User. Failure to meet such delivery time schedule may be grounds for cancellation of the order or, in the Commissioner’s discretion, the Contract.

  • Delivery of Equipment (a) We will try to deliver Equipment to you on the delivery date (Delivery Date) and at the address (Site) indicated on your Application during normal business hours in that area.

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