Delay or Failure in Delivery Clause Samples

Delay or Failure in Delivery. 6.2.1 Sublessee and Sublessor expressly acknowledge that Delivery of the Aircraft to Sublessee is subject to and conditioned upon completion of the Delivery Work. Sublessor will not be liable for any loss or expense, or any loss of profit, arising from any delay or failure in Delivery to Sublessee unless such delay or failure arises as a direct consequence of the gross negligence or willful default of Sublessor. 6.2.2 If a delay, not caused by Sublessor's or Sublessee's breach of this Agreement, causes Delivery to be delayed beyond seventy-five (75) days after the Scheduled Delivery Date either party will have the right to terminate this Agreement by giving the other party written notice within ten (10) Business Days after such date and this Agreement will terminate on the date of receipt of such notice. In the event of such termination, neither party will have any further obligation or liability to the other under this Agreement, except that Sublessor will repay to Sublessee under this Agreement any prepaid Rent, the amount of the Security Deposit, if paid, and will return the Letter of Credit. If either party does not give notice of termination within such ten (10) Business Days, both parties lose all rights to terminate under this Clause 6.2.2, unless otherwise agreed by the parties.
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Delay or Failure in Delivery. Subject to Article 16 hereof, Lessor shall not be liable for any loss or expense, including loss of profit, or other damage suffered by Lessee based on or resulting from any delay or failure in delivery of the Aircraft to Lessee, unless such delay or failure is the direct result of the willful misconduct or gross negligence of Lessor. In no event will Lessor be liable for any delay or failure in delivery which is caused by a breach or delay on the part of the Manufacturer under the Purchase Agreement.
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Delay or Failure in Delivery 
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Related to Delay or Failure in Delivery

  • Delivery Delay The delivery of any certificate representing the Restricted Stock or other RS Property may be postponed by the Company for such period as may be required for it to comply with any applicable federal or state securities law, or any national securities exchange listing requirements and the Company is not obligated to issue or deliver any securities if, in the opinion of counsel for the Company, the issuance of such Shares shall constitute a violation by the Participant or the Company of any provisions of any law or of any regulations of any governmental authority or any national securities exchange.

  • Epidemic Failure Warranty Supplier warrants all Products against Epidemic Failure for a period of three years after DXC’s Acceptance. Epidemic Failure means the occurrence of the same failure, defect, or non-conformity with an Order in 2% or more of Products within any three-month period.

  • Power Failure Power Failure means the failure of power or other utility service if the failure takes place off the "residence premises". But if the failure results in a loss, from a Peril Insured Against on the "residence premises", we will pay for the loss caused by that peril.

  • No Failure to Cure Default The Seller has not received a written notice of default of any senior mortgage loan related to the Mortgaged Property which has not been cured;

  • Lenders’ Failure to Perform All Advances (other than Swing Loans and Agent Advances) shall be made by the Lenders contemporaneously and in accordance with their Pro Rata Shares. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Advance (or other extension of credit) hereunder, nor shall any Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligations hereunder, and (ii) no failure by any Lender to perform its obligations hereunder shall excuse any other Lender from its obligations hereunder.