DELAY IN SUPPLY Sample Clauses

DELAY IN SUPPLY. In the event of failure by the Seller to deliver any Goods or perform any Services contained in this Purchase Order, other than as a result of Acts of God, force majeure, civil commotions, fire, war, perils of the sea, delay in transit and other causes beyond the Seller's control, II- VI A&D shall have the right to cancel all or any remaining part of this Purchase Order, without payment of compensation, and obtain delivery or performance from other sources. Any and all increased costs and expenses thereby incurred by II-VI A&D in obtaining such delivery or performance shall be setoff against any moneys due or to become due to the Seller or shall be recoverable as damages hereunder.
Sample 1
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DELAY IN SUPPLY. In the event that Cepheid would encounter circumstances out of its control where the supply of the Cepheid Products could not be provided to the Corporation, IDI shall so advise the Corporation, in the best of delays, and in such a case the parties shall attempt to find alternatives to supply the required Cepheid Products to the Corporation during the period in question.
Sample 1Sample 2
DELAY IN SUPPLY. In the event of failure by Seller to deliver any Goods or perform any Services contained in this Purchase Order, other than as a result of acts of God, force majeure, civil commotions, fire, war, perils of the sea, delay in transit, or TCH's written request, TCH shall have the right to cancel all or any remaining part of this Purchase Order, without payment or compensation, and obtain delivery or performance from other sources. Any and all increased costs and expenses thereby incurred by TCH in obtaining such delivery or performance shall be set- off against any moneys due or to become due to Seller or shall be recoverable as damages hereunder.
Sample 1
DELAY IN SUPPLY. Alpha Solutions is bound exclusively to delivery deadlines agreed in writing. Changes of order – where not otherwise agreed – result in annulment of previously agreed deadlines and periods. Where a deadline expressly agreed as binding (milestone) cannot be met by Alpha Solutions for reasons for which it is responsible, Alpha Solutions is deemed to be in delay and the client may claim damages as follows: x <= 30 days = 0 % x > 30 days = for each further full week’s delay 1 % of service costs as defined in the individual agreement (excluding VAT) but not more than 5 % of the service costs (excluding VAT) budgeted for in the individual agreement as lump-sum compensation.
Sample 1
DELAY IN SUPPLY. If Seller fails to timely deliver under any PO, CHI may cancel all or any part of the PO, without payment, and obtain delivery or performance from other sources. Any associated costs incurred by CHI may be deducted from any fees due to Seller, or shall be recoverable as damages from Seller.
Sample 1
DELAY IN SUPPLY. In the event of failure by Seller to deliver any Goods or perform any Services contained in this Purchase Order, other than as a result of acts of God, force majeure, civil commotions, fire, war, perils of the sea, delay in transit, or MPTC's written request, MPTC shall have the right to cancel all or any remaining part of this Purchase Order, without payment of compensation, and obtain delivery or performance from other sources. Any and all increased costs and expenses thereby incurred by MPTC in obtaining such delivery or performance shall be set off against any moneys due or to become due to Seller or shall be recoverable as damages hereunder.
Sample 1
DELAY IN SUPPLY. In the event that IDI would encounter circumstances out of its control where the supply of the IDI Products could not be provided to the Corporation, IDI shall so advise the Corporation, in the best of delays, and in such a case the parties shall attempt to find alternatives to supply the required IDI Products to the Corporation during the period in question.
Sample 1
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DELAY IN SUPPLY. Without derogating from Section 7.3 below, if for any reason caused by (a) Prothya; (b) a Modification requested or required by Prothya, Kamada, or any Regulatory Authority; or (iii) a Force Majeure Event, Prothya is unable to supply Kamada’s requirements as per a Confirmed Purchase Order for the Product, Prothya will use reasonable commercial efforts to supply Products pursuant to the applicable Confirmed Purchase Order as soon as practicable. Xxxxxxx and Xxxxxx shall discuss the matter in good faith and coordinate efforts between them. Without derogating from the foregoing, if Xxxxxxx’s delivery is delayed for any reason beyond the scheduled Delivery date (other than as a result of any act or omission by Xxxxxx, of a Modification requested or required by Xxxxxxx, Kamada, or any Regulatory Authority, or of a Force Majeure Event) and in order to avoid adverse impacts upon Kamada’s production or scheduling, then, in addition to other remedies of Kamada, Prothya will cause the required quantity of Products to be shipped, at its own expense, in the most expeditious fashion available. Notwithstanding the foregoing, in the event that Delivery is delayed by more than [****] after the scheduled Delivery date, in addition to all other remedies available under this Agreement, Kamada shall have the right to assess Prothya a penalty of [****] of the Supply Price per day beyond such [****] of such late delivered Batch, which shall be deducted from the price of such late delivered Batch upon Delivery.
Sample 1

Related to DELAY IN SUPPLY

  • Delay in Requests Failure or delay on the part of any Lender or the L/C Issuer to demand compensation pursuant to the foregoing provisions of this Section shall not constitute a waiver of such Lender’s or the L/C Issuer’s right to demand such compensation, provided that the Borrower shall not be required to compensate a Lender or the L/C Issuer pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than nine months prior to the date that such Lender or the L/C Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or the L/C Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the nine-month period referred to above shall be extended to include the period of retroactive effect thereof).

  • Delay in Delivery The Seller must deliver the Products to the Company within the schedules as prescribed in the Order or as agreed in the Contract. If the Products are not delivered on the due date then, without prejudice to any other rights which it may have under the Terms and Conditions, the Company reserves the right to: cancel the Order in whole or in part; refuse to accept any subsequent delivery of the Products which the Seller attempts to make; recover from the Seller any expenditure reasonably incurred by the Company in obtaining the Products in substitution from another supplier; and claim damages for any additional costs, losses or expenses incurred by the Company which are in any way attributable to the Seller’s failure to deliver the Products on the due date.

  • Six-Month Delay in Certain Circumstances Notwithstanding anything in this Agreement to the contrary, if any amount or benefit that would constitute Non-Exempt Deferred Compensation would otherwise be payable or distributable under this Agreement by reason of the Executive’s separation from service during a period in which he is a “specified employee” (as defined in Code Section 409A and the final regulations thereunder), then, subject to any permissible acceleration of payment by the Company under Treas. Reg. Section 1.409A‑3(j)(4)(ii) (domestic relations order), (j)(4)(iii) (conflicts of interest), or (j)(4)(vi) (payment of employment taxes), (i) the amount of such Non-Exempt Deferred Compensation that would otherwise be payable during the six-month period immediately following the Executive’s separation from service will be accumulated through and paid or provided on the first day of the seventh month following the Executive’s separation from service (or, if the Executive dies during such period, within thirty (30) days after the Executive’s death) (in either case, the “Required Delay Period”); and (ii) the normal payment or distribution schedule for any remaining payments or distributions will resume at the end of the Required Delay Period.

  • Delay in Commencement Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Demised Premises to Tenant on the Commencement Date specified in Section 1.05 above. Landlord's non-delivery of possession of the Demised Premises to Tenant on the Commencement Date will not affect this Lease or the obligations of Tenant under this Lease. However, the Commencement Date shall be delayed until possession of the Demised Premises is delivered to Tenant. The Lease Term shall be extended for a period equal to the delay in delivery of possession of the Demised Premises to Tenant, plus the number of days necessary for the Lease Term to expire on the last day of a month. If Landlord does not deliver possession of the Demised Premises to Tenant within sixty (60) days after the Commencement Date specified in Section 1.05, Tenant may cancel this Lease by giving written notice to Landlord within ten (10) days after the 60-day period ends. If Tenant gives such notice, this Lease shall be canceled effective as of the date of its execution, and no party shall have any obligations under this Lease. If Tenant does not give such notice within the time specified, Tenant shall have no right to cancel this Lease, and the Lease Term shall commence upon the delivery of possession of the Demised Premises to Tenant. If delivery of possession of the Demised Premises to Tenant is delayed, Landlord and Tenant shall, upon such delivery, execute an amendment to this Lease setting forth the revised Commencement Date and Expiration Date of the Lease Term.

  • Misrepresentations Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

  • No Fraud or Misrepresentation To the best of the Seller’s knowledge, each Receivable that was originated by a Dealer was sold by the Dealer to the Seller and by the Seller to the Purchaser without any fraud or misrepresentation on the part of such Dealer or the Seller, respectively.

  • Delay in Payment Notwithstanding anything else to the contrary in this Agreement, the BEP, or any other plan, contract, program or otherwise, the Company (and its affiliates) are expressly authorized to delay any scheduled payments under this Agreement, the BEP, and any other plan, contract, program or otherwise, as such payments relate to the Executive, if the Company (or its affiliate) determines that such delay is necessary in order to comply with the requirements of Section 409A of the Internal Revenue Code. No such payment may be delayed beyond the date that is six (6) months following the Executive’s separation from service (as defined in Section 409A). At the end of such period of delay, the Executive will be paid the delayed payment amounts, plus interest for the period of any such delay. For purposes of the preceding sentence, interest shall be calculated using the six (6) month Treasury Xxxx rate in effect on the date on which the payment is delayed, and shall be compounded daily. If the conditions of the severance exception under Treasury Regulation Section 1.409A-1(b)(9)(iii) (or any successor Regulation thereto) are satisfied, payment of benefits shall not be delayed for six (6) months following termination of employment to the extent permitted under the severance exception.

  • Misrepresentation Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.

  • Delay in Payments Notwithstanding any provision of this Agreement to the contrary, if any of the severance payments are subject to Section 409A and the Employee is a “Specified Employee” at the time of his Separation from Service, no payments shall be made to the Employee prior to the first business day following the date which is six (6) months after the Employee’s Separation from Service. Any amounts that would have been paid during the six (6) months following the Employee’s Separation from Service will be paid on the first business day following the expiration of the six (6) month period without interest thereon. The Employee may not elect the taxable year of such payment. The six (6) month delay for a Specified Employee does not apply if the Employee dies.

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