Consequences of Delay Sample Clauses

Consequences of Delay. On an OSIP Target by OSIP Target basis, in the event that OSIP has not provided any OSIP Compounds as described in Section 2.3(a) above, for such OSIP Target, during the Term of the Collaboration, then OSIP's rights under Section 4.1(b) will not include any structural data on such OSIP Target.

Consequences of Delay. Unless the Parties agree otherwise, a penalty of 0.3% per day of the amount specified in the Agreement shall accrue if the provision of the Product or parts of the Product is not made within the deadline. However, the penalty shall never exceed 15% of the price specified in the Agreement. If the delay is the result of gross negligence or an intentional act by the Supplier or another person, for whom the Supplier is responsible, the Purchaser shall have the right to demand compensation for any damages incurred as a result of the delay instead of the accrued penalty. The Buyer has the right to immediately terminate the Agreement in the event of a delay. If the Products are manufactured exclusively for the Buyer and the Supplier thus is unable to sell the products without incurring a significant loss, the Purchaser is only entitled to terminate the Agreement if the accrued penalty amounts to the maximum amount or if the delay constitutes a serious breach of contract.

Consequences of Delay. 20.5.1 Subject to Clause 20.5.2, the Contractor shall be responsible for and shall, for a period from the Planned Services Commencement Date to the earlier of the Services Commencement Date and the Acceptance Longstop Date, indemnify the Authority from and against any and all costs, taxes, fines and losses incurred by the Authority as a direct result of Service Commencement occurring after the Planned Service Commencement Date, including but necessarily limited to costs, taxes, fines and losses which relate to: (a) Landfill Tax; (b) gate fees relating to Landfill (or relating to any other form of disposal used by the Authority); (c) costs relating to haulage and costs and losses arising from disruption of the Authority’s and/or the WCA’s waste collection and transfer arrangements; and (d) LATS Liabilities or liabilities arising from any regime that replaces LATS, but only to the extent such costs, taxes, fines and losses are in excess of the amounts that would have been payable pursuant to this Contract by the Authority to the Contractor had Service Commencement occurred on the Planned Service Commencement Date; 20.5.2 The Authority shall use reasonable endeavours to mitigate such costs. 20.5.3 For the avoidance of doubt, the total liability of the Contractor pursuant to this Clause 20.5 shall be limited to the additional costs, taxes, fines and losses incurred by the Authority in the period between the Planned Service Commencement Date and: (a) the Service Commencement Date; or (b) if earlier, the Acceptance Longstop Date. 20.5.4 For the further avoidance of doubt (and without prejudice to the Authority’s rights inter alia to claim against the Guarantor under the Parent Company Guarantee), if any costs, taxes, fines and/or losses claimed by the Authority pursuant to Clause 20.5.1 are due and payable but remain unpaid by the Contractor on or after Service Commencement, then the Authority shall be entitled pursuant to Clause 46 (Set Off) to set off the amount of such costs, taxes, fines and/or losses owed to it by the Contractor against any amount due to the Contractor under this Contract.

Consequences of Delay. If the Presenter of Capital Investment has failed to effect any payment (e.g., interest) to the Bank in due time, the Bank shall be entitled to indemnification for the arrears of 3% p.a. above the then applicable basic interest rate (as subsequent interest rate of the discount rate, pursuant to the Discount Transitional Act). If the delay exceeded one month, the Bank may recall the full amount of the loan demanding immediate repayment.

Consequences of Delay. Time of delivery shall be of the essence and any failure by the Business Partner to deliver on the agreed date of delivery shall accordingly enable TGR-E (at TGR-(¶V RSWwLithRdQraw froWmRth e individual agreement without prejudice to any other rights and remedies the Business Partner may have in accordance with the individual agreement or the applicable law.

Consequences of Delay. If the Borrower fails to deliver either the Hungarian Guarantee Documents or the Hungarian Loan Reorganization Documents within 90 days following the Restatement Closing Date, then each of the otherwise existing Applicable Base Rate Margin, Applicable Euro-Rate Margin and the Letter of Credit Fee shall in lieu of interest at the Default Rate, be increased by 20 basis points and 120 days thereafter by a further 15 basis points. For greater certainty, the transactions contemplated by the Hungarian Guarantee Documents or the Hungarian Loan Reorganization Documents may be completed notwithstanding any restriction in Article 5 hereof or Section 4.01 or 4.03 of the Co-Steel Guaranty Agreement. In the event of an increase in such rates under this Section, the rates applicable to Loans and Letters of Credit shall revert to the otherwise applicable margin upon delivery of either the Hungarian Guarantee Documents or the Hungarian Loan Reorganization Documents.

Consequences of Delay. 4.1 The Quotation does not include or provide for any extra cost or expenses incurred by the Company if through no fault of the Company it is delayed or prevented from fulfilling its obligations under the Agreement by any act or omission on the part of the Customer or any authorised third party acting on the Customers behalf. 4.2 The following provisions shall apply if performance of the whole or any part of the Agreement is suspended or delayed for a period of up to 28 days through any such act or omission on the part of the Customer including without limitation incomplete or incorrect instructions or any refusal to accept or facilitate a final commissioning of the Project or to permit or facilitate the carrying out of any continued support or hosting of the Project by the Company. 4.3 The Company shall in that event be entitled to payment for any costs incurred by the Company with third parties and at which ever is the higher of the Agreement rate or the Company’s then prevailing charging rates for any additional work undertaken by the Company in designing, commissioning and/or supporting the Project over and above any such work anticipated and provided for in the Specification and Quotation. 4.4 If the Customer fails to accept or unreasonably obstructs or prevents the commissioning or continued support or hosting of the Project within 28 days of written notification from the Company that it is in a position to supply the same the Company shall be entitled (without prejudice to its other remedies under the Agreement for such breach) to terminate this Agreement on 7 days written notice to the Customer.

Consequences of Delay. If the person(s) empowered or selected under Section 2(c) to determine whether Indemnitee is entitled to indemnification shall not have made a determination within 30 days after receipt by the Company of the request therefor, Indemnitee shall be entitled to such indemnification, absent (i) a misstatement by Indemnitee of a material fact, or an omission of a material fact necessary to make Indemnitee’s statement not materially misleading in connection with the request for indemnification, or (ii) a prohibition of such indemnification under applicable law; provided, however, that such 30 day period may be extended for up to an additional 30 days, if the person(s), making the determination in good faith requests such additional time for the obtaining or evaluating documentation and/or information relating thereto; and provided, further, that the foregoing provisions shall not apply if the determination is to be made by the shareholders pursuant to Section 2(d)(1)(D) of this Agreement.

Consequences of Delay. DSM acknowledges the importance to RELYPSA of consistent timely delivery of Third Party Intermediate and Bulk Drug in accordance with Firm Orders and the associated costs to RELYPSA of untimely deliveries which may result in delays in further processing Bulk Intermediate into Bulk Drug and Bulk Drug into Product and the delivery of finished Product to end users. Furthermore, DSM acknowledges that many of such costs may be difficult or impossible to quantify. Therefore, as liquidated damages and not as a penalty, beginning after DSM has Manufactured [***] MT of Bulk Drug, in the event that less than [***] percent ([***]%) of the Batches of Third Party Intermediate and Bulk Drug Manufactured arising from Campaign(s) in a calendar year are delivered by DSM [***] of the delivery date(s) set forth in the applicable Firm Order (a “Calendar Year Delivery Failure”), then DSM will [***] to RELYPSA in [***] of all of the [***] Third Party Intermediate and Bulk Drug Manufactured during such calendar year. If there is more than one Calendar Year Delivery Failure in [***] period, RELYPSA shall be entitled to terminate this Agreement in accordance with Section 20.3. Failure of a designated shipper to [***] of Third Party Intermediate or Bulk Drug or [***] such shipment despite [***] to such shipper, delays arising from implementation of mutually agreed [***], or