Non-Excusable Delays. THE FOLLOWING IS ADDED: For work performed by Utilities, delays up to 30 percent of the estimated duration specified in 105.07.02 are considered non-excusable. The duration includes both the advance notice and the completion of the work by the Utility. For delays caused by Railroads, delays up to 30 percent of the estimated availability specified in 105.07 are considered non-excusable.
Non-Excusable Delays. 9.2.1 If the delivery of an Aircraft is delayed, and such delay does not constitute an Excusable Delay (hereinafter referred to as “Non-Excusable Delays”), by more than [*****] after the Contractual Delivery Date for such Aircraft, Buyer will be entitled to claim from Embraer liquidated damages in the following amounts: [*****] [*****] [*****] [*****] [*****] [*****] [*****] [*****] Such liquidated damages shall apply for each Day of delay in excess of the above mentioned [*****] up to the date that the Aircraft is available for inspection and acceptance by, and subsequent delivery to Buyer by means of written confirmation of the successful completion of ground and flight tests performed by Embraer, to be provided as per Article 7.1, it being understood that such liquidated damages will not, in any event, exceed [*****] of the Aircraft Basic Price of the delayed Aircraft and that it will only be due and payable by Embraer to Buyer after Buyer pays to Embraer the total Aircraft Purchase Price, in respect of the affected Aircraft. The Parties acknowledge and agree that such liquidated damages are not a penalty, but are a fair and reasonable estimate of Buyer’s potential damages.
Non-Excusable Delays. 9.2.1 If the delivery of an Aircraft is delayed, and such delay does not constitute an Excusable Delay (hereinafter referred to as “Non-Excusable Delays”), by more than [***] after the Contractual Delivery Date for such Aircraft, Buyer [***] up to the date that the Aircraft is available for inspection and acceptance by, and subsequent delivery to Buyer by means of written confirmation of the successful completion of ground and flight tests performed by Embraer, to be provided as per Article 7.1, [***] Aircraft within such [***] and [***], it being understood that such [***] will not, in any event, [***] and that it will only be due and payable by Embraer to Buyer after Buyer pays to Embraer the total Aircraft Purchase Price, in respect of the affected Aircraft, and as otherwise provided for in Article 20.2(ii). Such payment shall be made [***].
Non-Excusable Delays. If the Orbital ATK Group fails to timely deliver all or any portion of an order in any circumstance other than would constitute an Excusable Delay (such delay, a “Non-Excusable Delay”), then the Orbital ATK Group shall pay reasonable costs associated with expedited delivery of such Powder Products once they become available. In addition, if the Orbital ATK Group’s delivery is, or would reasonably be expected to be, delayed by more than 30 days, then the Vista Outdoor Group may send a notice of default to LLC, demanding that the Orbital ATK Group either cure or provide a plan to cure. If the Orbital ATK Group neither cures nor provides a plan to cure that is reasonably acceptable to the Vista Outdoor Group within 45 days of the original Powder Product delivery date, then the Vista Outdoor Group may, upon written notice to the Orbital ATK Group, “cover” and procure such unfulfilled order for Powder Products from alternative suppliers (or manufacture such Powder Products itself) (and the applicable Order shall automatically be deemed modified to remove any Powder Products that the Vista Outdoor Group has notified that it will cover, effective upon receipt by the Orbital ATK Group of the applicable notification), and the Orbital ATK Group shall reimburse the Vista Outdoor Group for the reasonable difference between the price of such Powder Products under this Agreement and the “cover” price, which may include reasonable expedited shipping and freight costs.
Non-Excusable Delays. 9.2.1 If the delivery of an Aircraft is delayed for any reason that does not constitute an Excusable Delay (hereinafter a "Non-excusable Delay") by more than **Material Redacted** Days after the Contractual Delivery Date for such Aircraft, Buyer xxxx be entitled to claim from Embraer and Embraer shall pay to Buyer liquidated damages equal to **Material Redacted** up to the date that the Aircraft is available for inspection and acceptance by, and delivery to Buyer in conformity herewith, it being understood that such liquidated damages will not, in any event, exceed **Material Redacted** and that it will only be due and payable by Embraer to Buyer within **Material Redacted** Days after Buyer pays to Embraer the total Aircraft Purchase Price, **Material Redacted**.
Non-Excusable Delays. Confidential
Non-Excusable Delays. If a delay does not meet the definition of an Excusable Delay Event (a “NON-EXCUSALBE DELAY”), then VENDOR shall not, without the DISTRICT’s prior written consent (which may be withheld), be entitled to an extension of the delivery date for the WORK then due. If the VENDOR does not obtain the DISTRICT’s consent to a NON- EXCUSABLE DELAY, then it shall be responsible for any additional costs it incurs in its efforts to meet the delivery deadline. Notwithstanding that the DISTRICT may consent to an extension of the delivery date due to a NON- EXCUSABLE DELAY, the VENDOR will be required to pay any actual damages incurred by the DISTRICT as a result of such delay, by either offset against the amount due by the DISTRICT to the VENDOR or by submission by the DISTRICT of an invoice indicating the amount of the damages.
Non-Excusable Delays. 1. If the delivery of an Aircraft or Spares is delayed, not as a result of an Excusable Delay, by more than [*] after the Contractual Delivery Date for such Aircraft or, in the case of Spares, the date for delivery as agreed between the Parties in accordance with Article 5.b., Buyer will be entitled to [*], up to the date that the Aircraft is ready for delivery and available to Buyer by means of confirmation of the successful completion of ground and flight tests performed by Embraer, to be provided per Article 7.a, [*]
Non-Excusable Delays. 9.2.1 If the delivery of an Aircraft is delayed by Embraer for any reason other than an Excusable Delay, for more than *, Buyer shall be entitled to *, * Indicates that material has been omitted and confidential treatment has been requested therefor. All such omitted material has been filed separately with the SEC pursuant to Rule 24b-2. * up to *. If the Aircraft is delayed by Embraer for any reasons other than an Excusable Delay for *.
Non-Excusable Delays. 9.2.1 If an Aircraft is not *** without an Excusable Delay, Buyer will be entitled to claim from Embraer liquidated damages equal to ***, up to the date that the Aircraft is available for inspection and acceptance by, and subsequent delivery as per Article 7 hereof, it being understood that such liquidated damages will not, in any event, *** per Aircraft and that it will only be due and payable by Embraer to Buyer after Buyer pays to Embraer the total Aircraft Purchase Price.
