Common use of Delayed Delivery Clause in Contracts

Delayed Delivery. If the Products and the Product Documentation are not delivered at the time of delivery (as defined in the Contract or if SUPPLIER has failed to issue an order confirmation for orders placed within the Supply Capacity the delivery time set out in the purchase order), and this is not due to (i) an event of Force Majeure, cf. Clause 8 below, or (ii) reasons for which VESTAS in all material aspects is responsible, VESTAS is entitled to claim liquidated damages from the date on which delivery should have taken place. The liquidated damages shall be payable at a rate of five (5) % of the Purchase Price for the whole Contract for each commenced week of delay. The liquidated damages shall not exceed sixty (60) % of the Purchase Price of the Contract. If only part of the quantity is delayed, the liquidated damages shall be calculated on that part of the purchase price which is attributable to such part of the Products as cannot in consequence of the delay be used as intended by VESTAS. The liquidated damages become due at VESTAS’ written demand. VESTAS shall forfeit VESTAS’ right to liquidated damages if VESTAS has not raised a claim for such damages within six (6) months after the time when delivery should have taken place. If delay exceeds six (6) weeks VESTAS may – without prejudice to any other rights under applicable law under this PA – place orders for the delivery of the Products from an alternative supplier. Given that smaller volumes of the Products are hard to purchase separately, VESTAS will regardless of the size of the order delayed be entitled to place such alternative order for up to 500 tonnes of the Product, SUPPLIER must reimburse all additional cost incurred by VESTAS in respect of such alternative order being placed. In addition, if the delay in delivery exceeds twelve (12) weeks VESTAS may – without prejudice to any other rights under applicable law or under this PA - by notice in writing to SUPPLIER terminate this Agreement. In the event of delay VESTAS may also demand that SUPPLIER delivers the Products by the fastest means of delivery/transport whereupon any additional delivery charges in excess of those that would apply for the usual means of delivery shall be borne by SUPPLIER. Purchase Agreement between Vestas Wind Systems A/S and ▇▇▇▇▇▇ Companies Inc.

Delayed Delivery. (a) If Landlord shall be unable to substantially complete and deliver possession of the Products and Premises on or before the Product Documentation are Occupancy Date by reason of the fact that work required to be done by Landlord hereunder has not delivered at been substantially completed by that date, Landlord shall not be subject to any penalty, claim or liability nor shall the time validity of delivery (this Lease or the obligations of Tenant hereunder be in any way affected except as defined provided in the Contract or if SUPPLIER has failed to issue an order confirmation for orders placed within the Supply Capacity the delivery time set out in the purchase orderSection 3.03(c), and this is not due in no event to the extent such delay results from any of the following reasons: (i) an event any events included in Section 16.13 hereof or for any cause beyond the reasonable control of Landlord (a "Force MajeureMajeure Delay"), cf. Clause 8 belowor (ii) delay (a "Tenant Delay") resulting from (A) Tenant's failure to comply with the delivery and other approval dates established in this Article 3 relative to the planning and pricing of the Initial Leasehold Improvements and the Final Plans, (B) Tenant's requests for changes in the Approved Plans (whether pursuant to Section 3.01 or otherwise), that have the effect of delaying the substantial completion of the Initial Leasehold Improvements by Landlord's contractor beyond the Occupancy Date (the "Specialty Work"), (C) Tenant's failure to provide response to the requests of any general contractors or subcontractors for information or choice regarding Initial Leasehold Improvements within two (2) business days following such request, (D) Tenant's failure to execute both a written work order and a written agreement to pay at the quoted prices of any such contractor within two (2) business days following delivery thereof to Tenant with respect to any labor or installations not identified on the Approved Plans that are requested by Tenant and approved by Landlord; (E) any acts, omissions, defaults or misconduct of Tenant with respect to the construction of the Initial Leasehold Improvements or Tenant's payment obligations relative thereto, or (iiF) reasons Tenant's failure to pay when due for which VESTAS in all material aspects is responsible, VESTAS is entitled to claim liquidated damages from the date on which delivery should have taken place. The liquidated damages shall be payable at a rate of any increased cost or expense caused by any change orders initiated by Tenant or additional work requested by Tenant within five (5) % days following Landlord's delivery of its invoice therefor. (b) If Landlord is unable to substantially complete the Leasehold Improvements and deliver possession of the Purchase Price Premises to Tenant on or before the Occupancy Date as a result of any Tenant Delay, Tenant shall be financially responsible for "Rent", as defined in Section 4.02, (pro-rated on a per diem basis) for the whole Contract number of days of Tenant Delay experienced by Landlord in attempting to substantially complete and deliver the Premises by the Occupancy Date and such sum shall be due and payable by Tenant upon written demand by Landlord. (c) If Landlord is unable to substantially complete the Leasehold Improvements and deliver possession of the Premises to Tenant within forty-five (45) days following the Occupancy Date as a result of delays resulting from causes within Landlord's control, Tenant shall receive a per diem credit of Annual Base Rent for each commenced week of delay. The liquidated damages shall not exceed sixty day that the Commencement Date is delayed beyond the such forty-five (6045) % of the Purchase Price of the Contract. If only part of the quantity is delayed, the liquidated damages shall be calculated on that part of the purchase price which is attributable to such part of the Products day period solely as cannot in consequence of the delay be used as intended by VESTAS. The liquidated damages become due at VESTAS’ written demand. VESTAS shall forfeit VESTAS’ right to liquidated damages if VESTAS has not raised a claim for such damages within six (6) months after the time when delivery should have taken place. If delay exceeds six (6) weeks VESTAS may – without prejudice to any other rights under applicable law under this PA – place orders for the delivery of the Products from an alternative supplier. Given that smaller volumes of the Products are hard to purchase separately, VESTAS will regardless of the size of the order delayed be entitled to place such alternative order for up to 500 tonnes of the Product, SUPPLIER must reimburse all additional cost incurred by VESTAS in respect result of such alternative order being placed. In addition, if the delay in delivery exceeds twelve (12) weeks VESTAS may – without prejudice to any other rights under applicable law or under this PA - by notice in writing to SUPPLIER terminate this Agreement. In the event of delay VESTAS may also demand that SUPPLIER delivers the Products by the fastest means of delivery/transport whereupon any additional delivery charges in excess of those that would apply for the usual means of delivery shall be borne by SUPPLIER. Purchase Agreement between Vestas Wind Systems A/S and ▇▇▇▇▇▇ Companies Inc.Landlord's delay.

Delayed Delivery. If the Products and the Product Documentation all Goods are not delivered at to the time of delivery (as defined in Delivery Point by the Contract or if SUPPLIER has failed Date for Completion, PON may: direct the Supplier to issue an order confirmation for orders placed within the Supply Capacity the delivery time set out in the purchase order), and this is not due to (i) an event of Force Majeure, cf. Clause 8 below, or (ii) reasons for which VESTAS in deliver all material aspects is responsible, VESTAS is entitled to claim liquidated damages from the date on which delivery should have taken place. The liquidated damages shall be payable at a rate of five (5) % of the Purchase Price for Goods within a nominated period and the whole Supplier must comply with such direction; or terminate this Contract for each commenced week of delayby written notice to the Supplier. The liquidated damages shall not exceed sixty (60) % of If the Purchase Price of the Contract. If only part of the quantity is delayedOrder does not specify otherwise, the liquidated damages shall be calculated Supplier: must deliver all Goods in one shipment; is responsible for all costs associated with delivering the Goods to the Delivery Point; and must: show all such costs as a separate item on that part of the purchase price which is attributable to such part of the Products as cannot in consequence of the delay be used as intended by VESTAS. The liquidated damages become due at VESTAS’ written demand. VESTAS shall forfeit VESTAS’ right to liquidated damages if VESTAS has not raised a claim for such damages within six (6) months after the time when delivery should have taken place. If delay exceeds six (6) weeks VESTAS may – without prejudice to any other rights under applicable law under this PA – place orders for the delivery of the Products from an alternative supplier. Given that smaller volumes of the Products are hard to purchase separately, VESTAS will regardless of the size of the order delayed be entitled to place such alternative order for up to 500 tonnes of the Product, SUPPLIER must reimburse all additional cost incurred by VESTAS its Payment Claim in respect of such alternative order being placedthe Goods; and support all claims for freight charges with copies of freight tax invoices. In addition, if PON and its nominees: must be given full and free access at all times to inspect the delay manufacture and supply of Goods; and have the right to reject Goods in delivery exceeds twelve (12) weeks VESTAS may – without prejudice manufacture that do not comply with this Contract. Any inspection or failure to inspect by PON will not relieve the Supplier of any other rights under applicable law or obligation under this PA - Contract and a failure to reject a Good does not constitute acceptance of it. Acceptance of Goods by notice in writing PON is subject to SUPPLIER terminate this Agreementthe Goods passing all inspections and testing required by PON, including during unpacking, installation and operation. In the event of delay VESTAS may also demand that SUPPLIER delivers the Products by the fastest means of delivery/transport whereupon any additional delivery charges in excess of those that would apply for the usual means of delivery shall be borne by SUPPLIER. Purchase Agreement between Vestas Wind Systems A/S and ▇▇▇If ▇▇▇ Companies Inc.believes delivered Goods do not comply with this Contract, without limiting its other rights, it may: reject some or all such Goods and require the Supplier to immediately collect all rejected Goods and refund all amounts paid to it by PON in respect of them; direct the Supplier (at its cost) to repair or replace the defective Goods within a nominated period; or terminate this Contract by written notice to the Supplier. Risk in Goods passes to PON once the relevant Goods are: unloaded and properly secured at the Delivery Point; and inspected and signed for by the Superintendent. Signed delivery dockets are not evidence of PON’s acceptance of the quality or quantity of Goods.

Delayed Delivery. If the 6.7.1 SUPPLIER shall use reasonable commercial efforts to immediately notify Dot Hill if delivery of any Products will be delayed and the Product Documentation are not delivered at the time of delivery (as defined in the Contract or if SUPPLIER has failed to issue an order confirmation for orders placed notify Dot Hill within the Supply Capacity the delivery time set out in the purchase order), and this is not due to (i) an event of Force Majeure, cf. Clause 8 below, or (ii) reasons for which VESTAS in all material aspects is responsible, VESTAS is entitled to claim liquidated damages from the date on which delivery should have taken place. The liquidated damages shall be payable at a rate of five (5) % [...***...] of the Purchase Price for the whole Contract for each commenced week of delay. The liquidated damages shall not exceed sixty (60) % of the Purchase Price of the Contract. If only part of the quantity is delayed, the liquidated damages shall be calculated on that part of the purchase price which is attributable to such part of the Products as cannot in consequence of the delay be used as intended by VESTAS. The liquidated damages become due at VESTAS’ written demand. VESTAS shall forfeit VESTAS’ right to liquidated damages if VESTAS has not raised a claim for such damages within six (6) months after the time when rescheduled delivery should have taken place. If delay exceeds six (6) weeks VESTAS may – without prejudice to any other rights under applicable law under this PA – place orders for the delivery of the Products from an alternative supplier. Given that smaller volumes of the Products are hard to purchase separately, VESTAS will regardless of the size of the order delayed be entitled to place such alternative order for up to 500 tonnes of the Product, SUPPLIER must reimburse all additional cost incurred by VESTAS in respect of such alternative order being placed. In addition, if the delay in delivery exceeds twelve (12) weeks VESTAS may – without prejudice to any other rights under applicable law or under this PA - by notice in writing to SUPPLIER terminate this Agreementdate. In the event of delay VESTAS such delay, Dot Hill may, at any time prior to the rescheduled delivery date, cancel without penalty (for example but not limited to restocking fees, order Manufacturing and Purchase Agreement 8 Dot Hill /SUPPLIER cancellation fees) that portion of its purchase order covering such delayed Products. The notification may also demand be communicated by facsimile, telephone, electronic mail, or any other method agreed to by the parties, provided that SUPPLIER delivers shall use commercially reasonable efforts to obtain Dot Hill’s actual acknowledgement of the Products by notice of anticipated delay. SUPPLIER and Dot Hill will jointly develop alternatives to resolve any late delivery of the fastest means Product, including but not limited to the use of delivery/transport whereupon any additional premium routing. If SUPPLIER is unable to deliver the Product on the acknowledged delivery charges in excess date, through no fault of those Dot Hill, Dot Hill may require SUPPLIER to pay the difference between premium routing rates and standard routing rates. 6.7.2 SUPPLIER further agrees that would apply for the usual means time and rate of delivery are of the essence of this Agreement. The “Delivery Dates” shall be borne by SUPPLIERthose specified as the “need by” date or the “scheduled ship date” stated on each purchase order or Purchase Order Release issued under this Agreement. For Products shipped directly to customers, deliveries will be considered on time if they are released to the common carrier from [...***...] before up to the Delivery Date stated on the purchase order or Purchase Agreement between Vestas Wind Systems A/S and ▇▇▇▇▇▇ Companies Inc.Order Release. For Products shipped to Dot Hill, deliveries will be considered on time if they are delivered to Dot Hill from [...***...] before up to the Delivery Date stated on the purchase order or Purchase Order Release.

Delayed Delivery. If the Products and the Product Documentation are not delivered at the time of delivery (as defined in the Contract or if SUPPLIER has failed to issue an order confirmation for orders placed within the Supply Capacity the delivery time set out in the purchase order), and this is not due to (i) an event of Force Majeure, cf. Clause 8 below, or (ii) reasons for which VESTAS in all material aspects is responsible, VESTAS is entitled to claim liquidated damages from the date on which delivery should have taken place. The liquidated damages shall be payable at a rate of five (5) % of the Purchase Price for the whole Contract for each commenced week of delay. The liquidated damages shall not exceed sixty (60) % of the Purchase Price of the Contract. If only part of the quantity is delayed, the liquidated damages shall be calculated on that part of the purchase price which is attributable to such part of the Products as cannot in consequence of the delay be used as intended by VESTAS. The liquidated damages become due at VESTAS’ written demand. VESTAS shall forfeit VESTAS’ right to liquidated damages if VESTAS has not raised a claim for such damages within six (6) months after the time when delivery should have taken place. If delay exceeds six (6) weeks VESTAS may – without prejudice to any other rights under applicable law under this PA – place orders for the delivery of the Products from an alternative supplier. Given that smaller volumes of the Products are hard to purchase separately, VESTAS will regardless of the size of the order delayed be entitled to place such alternative order for up to 500 tonnes of the Product, SUPPLIER must reimburse all additional cost incurred by VESTAS in respect of such alternative order being placed. In addition, if the delay in delivery exceeds twelve (12) weeks VESTAS may – without prejudice to any other rights under applicable law or under this PA - by notice in writing to SUPPLIER terminate this Agreement. In the event of delay VESTAS may also demand that SUPPLIER delivers the Products by the fastest means of delivery/transport whereupon any additional delivery charges in excess of those that would apply for the usual means of delivery shall be borne by SUPPLIER. Purchase Agreement between Vestas Wind Systems A/S and ▇▇Zo▇▇▇▇ Companies ▇ompanies Inc.