Common use of Customer Delay Clause in Contracts

Customer Delay. Customer may request that SSN delay the manufacture, shipment and/or installation of the Products or the provision of the Services by providing SSN with written notice of any such delay, or anticipated delay. Upon receipt of any such request, SSN shall provide Customer a written good faith estimate of any additional costs and expenses that SSN will necessarily incur by reason of such delay. If Customer agrees to pay such additional costs and fees by notifying SSN thereof, then the applicable Purchase Order shall be deemed amended to reflect such delay and to include such additional costs and expenses as additional Fees, if any. The Project Schedule (and, thus, SSN’s time for performance) shall be extended, as and to the extent necessary, to accommodate such requested delay unless Customer agrees to pay any expedite and similar costs actually incurred by SSN in bringing the Project back on to the Project Schedule following such requested delay. Promptly upon any delayed delivery pursuant to this Section 18.3, SSN shall provide Customer with its good faith estimate of the costs described in the immediately preceding sentence. Notwithstanding anything herein to the contrary, under no circumstance may any Purchase Order be amended to reflect additional costs, expenses or other Fees if the delay requested by Customer under this Section 18.3 is, in whole or in part, and whether directly or indirectly, attributable to the failure of SSN to perform in strict compliance with the terms of this Agreement, including the delivery by SSN of all Products and Services in accordance with all applicable Execution Milestones.