Delay or Default Clause Samples

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Delay or Default. 24.1. Failure to fulfil in a duly, complete and proper manner any duty, obligation, agreement, covenant, representation or warranty under the terms of this Agreement, attributable to a Party, is deemed to be a Delay or Default by such Party. 24.2. Apart from other consequences set forth in the Agreement, a penalty is fixed in favor of SODECIA for a daily amount indicated in the SC (the “Delay Penalty”), notwithstanding to the right to higher compensation for damages and losses actually suffered. 24.3. Notwithstanding the Delay Penalty or the provisions in the preceding points, in case of any Delay, SODECIA reserves the right to execute or instruct a third party to execute any actions that SODECIA deems, at its sole discretion, to reduce damages or any consequences arising from or related to such Delay. 24.4. The Delay Penalty is warranted even if SODECIA claims any other compensation, deems the service as being definitively unfulfilled or terminates the Agreement, in the latter case being calculated up to the date of the definitive unfulfillment or the date of the Agreement termination. 24.5. Delay by SODECIA to pay, in whole or in part, the Price as per the SC, in excess of 30 (thirty) days shall grant the SUPPLIER the right to claim for interest rate over the overdue amount. 24.6. SUPPLIER shall not withhold performance of its obligations, nor exercise any right of retention upon occurrence of a Delay by SODECIA.
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Delay or Default. A delay in payment or a default by the Borrower shall not affect the terms and conditions of this Agreement in any way.
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Delay or Default. 19.1. Failure to fulfill in a duly, complete and proper manner any duty, obligation, agreement, covenant, representation or warranty under the terms of this Agreement, attributable to a Party, is deemed to be a Delay or Default by such Party. 19.2. Apart from other consequences set forth in the Agreement, a penalty is fixed in favor of SODECIA for a daily amount equivalent to 0,5% of the price of the Parts in delay (the “Delay Penalty”), notwithstanding to the right to higher compensation for damages and losses actually suffered. 19.3. Notwithstanding the Delay Penalty or the provisions in the preceding Clauses, in case of any Delay, SODECIA reserves the right to execute or instruct a third party to execute any actions that SODECIA deems, at its sole discretion, to reduce damages or any consequences arising from or related to such Delay. 19.4. The Delay Penalty is warranted even if SODECIA claims any other compensation, deems the service as being definitively unfulfilled or terminates the Agreement, in the latter case being calculated up to the date of the definitive unfulfillment or the date of this Agreement termination. 19.5. Delay by SODECIA to pay, in whole or in part, the Price as per the SC, in excess of 30 (thirty) days shall grant the SUPPLIER the right to claim for interest rate over the overdue amount. 19.6. SUPPLIER shall not withhold performance of its obligations, nor exercise any right of retention upon occurrence of a Delay by SODECIA.
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Delay or Default. 28.1. Failure to fulfil in a duly, complete and proper manner any duty, obligation, agreement, covenant, representation or warranty under the terms of this Agreement, attributable to a Party, is deemed to be a Delay or Default by such Party. 28.2. Apart from other consequences set forth in the Agreement, a penalty is fixed in favor of SODECIA for a business daily amount equivalent to 0,1% (zero comma one per cent) of the Tool’s and Checking Fixture price SC (the “Delay Penalty”), notwithstanding to the right to higher compensation for damages and losses actually suffered. 28.3. Notwithstanding the Delay Penalty and the provisions in the preceding points, in case of any SUPPLIER’s Delay, SODECIA reserves the right to execute or instruct a third party to execute any actions that SODECIA deems, at its sole discretion, to reduce damages or any consequences arising from or related to such Delay. SODECIA must inform Supplier in advance. 28.4. The Delay Penalty is warranted even if SODECIA claims any other compensation, deems the service as being definitively unfulfilled or terminates the Agreement, in the latter case being calculated up to the date of the definitive unfulfillment or the date of the Agreement termination. 28.5. Delay by SODECIA to pay, in whole or in part, the Price as per the SC, in excess of 30 (thirty) days shall grant the SUPPLIER the right to claim for interest rate over the overdue amount. 28.6. SUPPLIER shall not withhold performance of its obligations, nor exercise any right of retention upon occurrence of a Delay by SODECIA.
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Delay or Default. 19.1. Failure to fulfil in a duly, complete and proper manner any duty, obligation, agreement, covenant, representation or warranty under the terms of this Agreement, attributable to a Party, is deemed to be a Delay or Default by such Party. 19.2. Apart from other consequences set forth in the Agreement, a penalty is fixed in favor of SODECIA for a daily amount equivalent to 0,5% of the price of the Parts in delay (the “Delay Penalty”), notwithstanding to the right to higher compensation for damages and losses actually suffered. 19.3. Notwithstanding the Delay Penalty, the provisions in the preceding points, in case of any Delay, SODECIA reserves the right to execute or instruct a third party to execute any actions that SODECIA deems, at its sole discretion, to reduce damages or any consequences arising from or related to such Delay. ▇▇▇▇▇▇▇ must inform supplier in advance. 19.4. The Delay Penalty is warranted even if SODECIA claims any other compensation, deems the service as being definitively unfulfilled or terminates the Agreement, in the latter case being calculated up to the date of the definitive unfulfillment or the date of the Agreement termination. 19.5. Delay by SODECIA to pay, in whole or in part, the Price determined in the SC, in excess of 30 (thirty) days shall grant the SUPPLIER the right to claim for interest rate over the overdue amount. 19.6. SUPPLIER shall not withhold performance of its obligations, nor exercise any right of retention upon occurrence of a Delay by SODECIA.
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Related to Delay or Default

  • Major Default The Purchasers shall be considered to be in “Major Default” in the event that (a) the Purchasers are in breach of their obligations under the Agreement and (b) such breaches, individually or in the aggregate, resulted or would reasonably be expected to result in (i) material Losses to the Sellers or their Affiliates, (ii) material reputational harm to the Sellers or their Affiliates, (iii) material and adverse regulatory consequences to the Sellers or their Affiliates, for which, in each case of clauses (i) through (iii), indemnification by the Purchasers pursuant to Article 8 of the Agreement would not be sufficient to remedy all damages incurred by the Sellers and their Affiliates or (iv) if the Sellers reasonably determine, based on the advice of counsel, that it would reasonably be expected to be a violation of their fiduciary duties under applicable Law to not terminate the Agreement, taking into account the indemnification by the Purchasers pursuant to Article 8 of the Agreement; provided, that the following breaches shall be excluded, and not taken into account, in determining if a Major Default has occurred: (x) any breach to the extent resulting from any action taken by the Purchasers pursuant to and in accordance with written direction given by the Sellers and (y) any breach to the extent arising out of or resulting from, directly or indirectly, a breach by the Sellers of the Agreement, the Transition Services Agreement or the Purchase Agreement.

  • Breach or Default Upon any breach or default by LICENSEE of any term or condition herein contained, ASCAP may terminate this license by giving LICENSEE thirty days notice to cure such breach or default, and in the event that such breach or default has not been cured within said thirty days, this license shall terminate on the expiration of such thirty-day period without further notice from ASCAP. In the event of such termination, ASCAP shall refund to LICENSEE any unearned license fees paid in advance.

  • No Breach or Default In no event will either Party be liable or responsible to the other Party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing this Agreement, except for any payment obligation, when and to the extent such failure or delay is caused by any circumstances beyond such Party’s reasonable control (a “Force Majeure Event”), including acts of God, flood, fire, earthquake, explosion, other catastrophes, such as epidemics, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades in effect on or after the date of this Agreement, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances (other than within iManage), passage of Law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation. Either Party may terminate this Agreement if a Force Majeure Event continues substantially uninterrupted for a period of thirty (30) days or more.

  • Absence of Violation or Default The Adviser is not in violation of its limited liability company operating agreement or other organizational documents or in default under any agreement, indenture or instrument, except for such violations or defaults that have not and could not result in an Adviser Material Adverse Effect.

  • Default GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Agreement, in any one of the following circumstances: