Delay Penalties. In the event of delays in performance or delivery arising from the negligence or non-compliance of the Vendor with the terms of this Agreement or the PO by the Vendor, KCSSA East Africa shall be entitled to claim penalties from the Vendor at a rate of 0.5% of the contract value to a maximum of 5% of the total contract value.
Delay Penalties. In the event that Decolar has not completed the REST Transition by the Transition Outside Date, and such failure is not primarily caused by any breach by Expedia of this Agreement or action that causes compliance with the Transition Outside Date to not be possible, Decolar shall be required to pay to Expedia an amount equal to $*** per week or any part thereof until such time as the REST Transition is completed (the “Transition Penalty”). Any Transition Penalty shall be immediately due and payable as of the time such penalty is incurred. Expedia shall have the right to set off any unpaid amount of the Transition Penalty against any amounts that might otherwise be due and payable by Expedia to Decolar under this Agreement. In the event any such Transition Penalty is not paid within 30 days of the incurrence thereof, interest shall accrue at the Interest Rate on the aggregate amount of the Transition Penalty outstanding at such time.
Delay Penalties. Notwithstanding the above, in the event the Premises are not tendered to Tenant in Tenant FF&E Ready Condition (as defined in Section 4.01) by December 1, 2002 (which such date is referred to herein as the “Scheduled Delivery Date”), Landlord shall pay Tenant (or, at Tenant’s election Tenant shall receive as a credit against Base Rent payable under this Lease) an amount equal to $2,500.00 per day for each of the first fifteen (15) days of delay beyond the Scheduled Delivery Date, and $5,000.00 per day for the next one hundred and twenty (120) days of delay (after the first 15 days of delay beyond the Scheduled Delivery Date), up to and including one hundred thirty-five (135) days of total delay beyond the Scheduled Delivery Date; provided, however, the Scheduled Delivery Date shall be extended by a day for each day of delay in completion of the Premises resulting from any “Tenant Delay” (as defined in Section 3.01(e) above), inclement weather (defined as weather which delays critical path activities of construction of the Tenant Improvements), earthquake, flood, fire or other casualty, strike, work stoppages, acts of war or terrorism, slow-downs or other labor trouble caused by organized labor, governmental controls (other than failure to receive permits for the Tenant Improvements), or any similar causes, beyond Landlord’s reasonable control (any of which delays are referred to herein as “delays beyond Landlord’s reasonable control”). Except as expressly contemplated above in this Section 3.03, Landlord shall not be liable to Tenant or any other party, nor shall Tenant have any recourse against Landlord, for any direct or indirect damages as a result of Landlord’s failure to deliver the Premises to Tenant within the time periods contemplated herein and/or in the Work Schedule.
Delay Penalties. In the event of late payment, the delay penalties are due ipso jure. The amount of the delay penalties is equal to three (3) times the legal interest rate. It is calculated on the amount of the sum due and a lump sum indemnity for recovery costs of an amount determined in accordance with the current regulation. The delay penalties are calculated per day of delay from the due date to the date of an actual payment. The delay penalties shall be payable without the necessity of a reminder. The Company reserves the right to take any action to obtain the payment and to compensate any eventual loss.
Delay Penalties. Any delay in relation to the Renovation Work schedule shall be subject to the following penalties:
Delay Penalties. If the date of Substantial Completion for each Unit exceeds a *** month period from the Effective Date, as a result of Contractor’s default or a default of its Subcontractors, Contractor will be subject to a penalty of *** of the Unit Price of those Units which have not achieved Substantial Completion for every *** in delay following the aforementioned *** term. In no event shall the penalty applicable to each Unit under this Section 13.5 exceed *** of the Unit Price. Delay penalties shall replace the right of Owner to claim damages (indemnización por xxxxx y perjuicios) from Contractor for not having achieved Substantial Completion within the aforementioned *** term, and will be deducted from the *** retention contemplated in Section 18.2 (a) below.
Delay Penalties. 4.9.3.1 Without prejudice to the Compensatory Interests, which will continue to be charged until the due value is effectively paid, in the case of late payments by the Issuer of any pecuniary obligations relating to the Debentures, the amounts due and unpaid will be subject to penalty interests of 1% (one percent) per month, calculated on a pro rata temporis basis as from the date of non–compliance to the date of effective payment, as well as non–compensatory fines of 2% (two percent) of the value due, independently of any warning, notification or judicial or extrajudicial interpellation (collectively “Delay Penalties”).
Delay Penalties. In the event of a delay, in comparison with the Date of Availability stipulated in appendix 3, occurring with any one of the Connections stipulated in the Special Conditions, the following delay penalties shall apply : ------------------ * Omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. - *** of the total price of the Connection per week of delay as from the third week of delay having commenced subsequent to the Date of Availability for that Connection as stipulated in the Special Conditions. The delay penalties applying for each Connection are expressly limited to *********** of delay as from application of the first delay penalties; These delay penalties constitute the full and entire compensation for any loss which the Client may suffer due to such delay, the Client consequently waives applying for any additional damages in respect of any delay by LD COM in the delivery of the Connections stipulated in the Special Conditions.
Delay Penalties. If, following an Interruption, no Re-establishment was made on expiry of the time limits indicated in Article 3.2, for reasons attributable to LD COM (including its sub-contractors) and having occurred other than as a result of a case of Force Majeure or due to act by third party, LD COM shall pay the Client penalties calculated as follows: - ** of the amount determined by the length of the Connection in kilometres as described in the Special Conditions multiplied by *** ******************* per hour of delay between one (1)and eight (8) hours over and above the time limit for Re-establishment specified above, - ** of the amount determined by the length of the Connection in kilometres as described in the Special Conditions multiplied by *** ******************* limited to 500 kilometres, per hour of delay between eight (8) and sixteen (16) hours over and above the time limit for Re-establishment specified above, - ** of the amount determined by the length of the Connection in kilometres as described in the Special Conditions multiplied by *** *****************, limited to 500 kilometres, per hour of delay exceeding sixteen (16) hours over and above the time limit for Re-establishment specified above, The total amount of the penalties per Connection annually may not exceed 100% of the amount determined by the length of the relevant Connection in kilometres as defined in the Special Conditions multiplied by ***************************. Over and above (55) fifty five hours per year Service Interruption on a terrestrial Optic Link or over and above (100) one hundred hours per year Service Interruption on a river Optic Link, for reasons attributable to LD Com and occurring other than as the result of a case of Force Majeure, LD COM will pay the Client penalties equivalent to the amount determined by the length in kilometres of the Connection made up of the Optic Link in question, as defined in the Special Conditions, multiplied by *************************. In the event of the Client confirming on a given Connection during the course of a year, more than one hundred and ten (110) hours Service Interruption on a terrestrial Optic Link or two hundred (200) hours a year Service Interruption on a river Optic Link, for reasons attributable to LD COM and occurring other than as a result of a case of Force Majeure, the Client may cancel the Connection pursuant to Article 8 of the Connection Service Contract.
Delay Penalties. As SNB reserves the right to take all procedures set forth hereunder, the procedures specified in Paragraph (4) of Article 10 (Non-Compliance) and/or any legal proceedings, SNB shall automatically charge the Customer with a fine of SAR 100, if the Customer delayed and/or failed to pay any due installment within the set deadlines or due amounts for more than 60 days from its specified date, provided that the fine shall not exceed the outstanding fees. The fine shall be spent in good deeds after deducting SNB’s costs, which it incurred in claiming the Customer for payment, if any, under the supervision of the SNB’s Shariah Board. The Customer authorizes SNB to debit any fines imposed on any of its accounts therewith and deduct such penalties from any of the Customer’s accounts with SNB and/or with SNB Capital. The Customer acknowledges that all of the above -mentioned amounts should be non-refundable under any circumstances.
