Common use of CLAIMS FOR DELAY Clause in Contracts

CLAIMS FOR DELAY. (a) If Supplier wishes to request an extension in the delivery date for Products provided in a Purchase Order, written request shall be given to Qwest at the time the delay begins, or within (***) thereafter if the resulting delay was not reasonably foreseeable. The request shall state the circumstances of the occurrence, the justification for the delay and extension of time, and the estimated duration of the delay and extension requested. Supplier shall also be obligated to do all in its power to mitigate the adverse impact of such delay at no additional cost to Qwest. (b) Supplier agrees that it shall not request extensions of time resulting from normal inclement weather. (c) An extension of time shall be the sole remedy of Supplier for any delay caused by any reason or occurrence. Subject to Section 8.5, Supplier acknowledges such extension of time to be its sole remedy and agrees to make no claim for damages or added charges of any sort for delay in the performance of this Agreement or any Purchase Order for any reason. Entitlement to any such extension of time shall be subject to compliance with all notice and submission requirements imposed by the Agreement concerning such claims.

Appears in 1 contract

Sources: Procurement Agreement (Tellium Inc)

CLAIMS FOR DELAY. (a) If Beginning in 2003, if Supplier wishes to request an extension in the delivery date for Products provided in a Purchase Order, written request shall be given to Qwest at the time the delay begins, or within (***) thereafter if the resulting delay was not reasonably foreseeable. The request shall state the circumstances of the occurrence, the justification for the delay and extension of time, and the estimated duration of the delay and extension requested. Supplier shall also be obligated to do all in its power to mitigate the adverse impact of such delay at no additional cost to Qwest. (b) Supplier agrees that it shall not request extensions of time resulting from normal inclement weather. (c) An extension of time shall be the sole remedy of Supplier for any delay caused by any reason or occurrence. Subject to Section 8.5, Supplier acknowledges such extension of time to be its sole remedy and agrees to make no claim for damages or added charges of any sort for delay in the performance of this Agreement or any Purchase Order for any reason. Entitlement to any such extension of time shall be subject to compliance with all notice and submission requirements imposed by the Agreement concerning such claims.

Appears in 1 contract

Sources: Procurement Agreement (Tellium Inc)

CLAIMS FOR DELAY. (a) If Supplier wishes to request an extension in the delivery date for Products provided in a Purchase Order, written request shall be given to Qwest at the time the delay begins, or within (***) thereafter if the resulting delay was not reasonably foreseeable. The request shall state the circumstances of the occurrence, the justification for the delay and extension of time, and the estimated duration of the delay and extension requested. Supplier shall also be obligated to do all in its power to mitigate the adverse impact of such delay at no additional cost to Qwest. (b) Supplier agrees that it shall not request extensions of time resulting from normal inclement weather. (c) An extension of time (***) shall be the sole remedy of Supplier for any delay caused by any reason or occurrence(***). Subject to Section 8.5, Supplier acknowledges such extension of time (***) to be its sole remedy and agrees to make no claim for damages or added charges (***) of any sort for delay in the performance of this Agreement or any Purchase Order for any reason. Entitlement to any such extension of time (***)shall be subject to compliance with all notice and submission requirements imposed by the Agreement concerning such claims.

Appears in 1 contract

Sources: Procurement Agreement (Advanced Switching Communications Inc)