Curtailment of Deliveries Clause Samples

The Curtailment of Deliveries clause allows one or both parties to temporarily reduce, suspend, or limit the delivery of goods or services under certain specified circumstances, such as force majeure events, regulatory restrictions, or operational constraints. In practice, this clause outlines the conditions under which deliveries may be curtailed, the process for notifying the affected party, and any obligations to resume deliveries once the curtailment event has ended. Its core function is to provide flexibility and protect parties from liability when unforeseen events make it impossible or impractical to fulfill delivery obligations as originally agreed.
Curtailment of Deliveries. With respect to the sale of Products to third parties as contemplated in this Agreement, the Parties acknowledge and agree that because Tenaska will be bearing the credit risk of such third party purchasers, but NEDAK will be overseeing the loading of such Products for delivery from the Facility, Tenaska may instruct NEDAK at any time to immediately curtail deliveries of Products to any such third party purchaser (such instruction shall be provided by written notice (e-mail acceptable), from Tenaska to NEDAK), and NEDAK shall have the obligation to abide by such instruction. In the event that Tenaska instructs NEDAK to immediately curtail deliveries of Products to any third party purchaser, and NEDAK fails to do so for whatever reason, if Tenaska suffers any economic loss as a result of such third party purchaser failing to pay Tenaska any amounts owed for such Products delivered after such instructions have been given by Tenaska to NEDAK, Tenaska shall have the right to set off the amount of such loss against any amount that Tenaska may owe to NEDAK under this Agreement.
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Curtailment of Deliveries. NCPA may temporarily interrupt operation of the Project and/or curtail deliveries of Capacity and Energy to Participants (in proportion to the GES of each Participant to the GES of all Participants) if NCPA determines that such interruption or curtailment is necessary in case of emergencies or in order to install equipment in or make repairs to or replacements, investigations or inspections of Project facilities or to perform other maintenance work on Project facilities; provided, however, that NCPA shall use reasonable efforts to keep such interruptions or curtailment to a reasonable time and schedule such interruption or curtailment as provided in the PMOA. No such interruption or curtailment shall relieve any Participant of its obligations to make payments under this Agreement.
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Curtailment of Deliveries 
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Related to Curtailment of Deliveries

  • Deliveries (a) On or prior to the Closing Date, the Company shall deliver or cause to be delivered to each Purchaser the following: (i) this Agreement duly executed by the Company; (ii) a legal opinion of Company Counsel, in form and substance reasonably satisfactory to the Placement Agent, directed to the Placement Agent and the Purchasers; (iii) the Company’s wire instructions, on Company letterhead and executed by the Chief Executive Officer or Chief Financial Officer; (iv) subject to the penultimate sentence of Section 2.1, a copy of the irrevocable instructions to the Transfer Agent instructing the Transfer Agent to deliver on an expedited basis via The Depository Trust Company Deposit or Withdrawal at Custodian system (“DWAC”) Shares equal to each Purchaser’s Subscription Amount divided by the Per Share Purchase Price (minus the number of shares of Common Stock issuable upon exercise of such Purchaser’s Pre-Funded Warrant, if applicable), registered in the name of such Purchaser; (v) for each Purchaser of Pre-Funded Warrants pursuant to Section 2.1, a signed Pre-Funded Warrant registered in the name of such Purchaser to purchase up to a number of shares of Common Stock equal to the portion of such Purchaser’s Subscription Amount applicable to Pre-Funded Warrants divided by the Per Share Purchase Price minus $0.00001, with an exercise price equal to $0.00001, subject to adjustment therein; and (vi) the Preliminary Prospectus and the Prospectus (which may be delivered in accordance with Rule 172 under the Securities Act). (b) On or prior to the Closing Date, each Purchaser shall deliver or cause to be delivered to the Company the following: (i) this Agreement duly executed by such P▇▇▇▇▇▇▇▇; and (ii) such Purchaser’s Subscription Amount (minus, if applicable, a Purchasers aggregate exercise price of the Pre-Funded Warrants, which amounts shall be paid as and when such Pre-Funded Warrants are exercised for cash), which shall be made available for DVP settlement with the Company or its designees.

  • Post-Closing Deliveries (a) The Borrower hereby agrees to deliver, or cause to be delivered, to the Administrative Agent, in form and substance reasonably satisfactory to the Administrative Agent, the items described on Schedule 5.15 hereof on or before the dates specified with respect to such items, or such later dates as may be agreed to by, or as may be waived by, the Administrative Agent in its sole discretion. (b) All representations and warranties contained in this Agreement and the other Loan Documents shall be deemed modified to the extent necessary to effect the foregoing (and to permit the taking of the actions described above within the time periods required above and in Schedule 5.15, rather than as elsewhere provided in the Loan Documents); provided that (x) to the extent any representation and warranty would not be true because the foregoing actions were not taken on the Closing Date or, following the Closing Date, prior to the date by which such action is required to be taken by Section 5.15(a), the respective representation and warranty shall be required to be true and correct in all material respects at the time the respective action is taken (or was required to be taken) in accordance with the foregoing provisions of this Section 5.15 (and Schedule 5.15) and (y) all representations and warranties relating to the assets set forth on Schedule 5.15 pursuant to the Security Documents shall be required to be true in all material respects immediately after the actions required to be taken under this Section 5.15 (and Schedule 5.15) have been taken (or were required to be taken), except to the extent any such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date.

  • Rejection of Deliverables The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to ▇▇▇▇▇▇▇’s lack of satisfactory performance under the terms of this Agreement. The Grantee’s efforts to correct the rejected deliverables will be at ▇▇▇▇▇▇▇’s sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee’s failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default.

  • SCOPE OF DELIVERY Seller agrees to accept deliveries of natural gas belonging to Buyer at Seller's delivery point from the upstream pipeline located near Columbia, South Carolina, and to transport Buyer's gas and redeliver to Buyer. Service provided hereunder is in lieu of natural gas provided from Seller's system supply to satisfy Buyer's fuel requirements in Priority-of-Service Category 3C. ▇▇▇▇▇ agrees that the transportation service is provided on an interruptible basis. Interruptions of transportation service shall be at the sole discretion of Seller or whenever service is interrupted by any upstream pipeline.

  • Closing Date Deliveries On the Closing Date, the Company shall have delivered to the Representative executed copies of the Representative’s Purchase Option.