Delayed Fulfillment Sample Clauses

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Delayed Fulfillment. In case the Buyer has fulfilled the investment obligation but with delay, the Seller has the right, in accordance with the provisions of this Section, to claim penalties to the amount of 10% (ten percent) of the amount that the Buyer has failed to invest in a timely fashion. Failure to invest in full or in part gives the right to the Seller to claim penalties to the amount of 10% (ten percent) of the amount that the Buyer has failed to invest in time on account of delayed fulfillment of obligations.
Delayed Fulfillment. In case the Seller decides not to act according with provisions 6.4.of this Part of the agreement, thus giving the right of choice (to take actions in accordance with either section
Delayed Fulfillment. In case the Buyer has failed to fulfill its investment obligation-investments with a delay, and referring to this is allowed to close the Attachment to the Agreement, the Seller will request the fulfillment of liabilities and the Agreement penalty.
Delayed Fulfillment. Should the Buyer be in delay with employment obligations and in this regard be allowed to execute an Annex to this Agreement, the Seller shall claim the fulfillment of obligation(s) and the Agreement Penalty payable by the Buyer. The Buyer is obliged for any delay of employment obligation according to the Employment Plan to pay the Seller the Agreement Penalty in the amount calculated by the following formula: *Number of employees: Number of employees for whom the employment obligation was not fulfilled according to the Employment Plan. *Number of months: The total number of months as from the first next day when the Employment Plan was supposed to be fulfilled for a specified period until the day determined by the Annex to the Agreement executed for fulfillment of this obligation. The Seller may recuperate the Agreement Penalty set out pursuant to these provisions from the Guarantee for performance of buyer’s obligations. Payment of penalties shall not relieve the Buyer from its obligation to perform employment obligations.
Delayed Fulfillment. Should the Buyer be in delay with fulfillment of any of its investment obligations, and should it in this regard it be allowed to execute an annex to the present Agreement, the Seller shall request fulfillment of such obligation(s) and payment of an Agreement Penalty by the Buyer. The Agreement Penalty is agreed to amount 10% (in words: ten percent) of the investment that Buyer failed to make in due time. The Seller may recuperate the Agreement Penalty set forth under these provisions the from the Guarantee for performance of buyer’s obligations. Payment of the Agreement Penalties shall not relieve the Buyer from its obligation to make investments.
Delayed Fulfillment. In the event that the Buyer decides not to act in accordance with the provisions under Section 6.4 herein, by which the right of choice is provided (i.e. to act in accordance with either Section 6.4 or Section 6.5), the Buyer has the right and the obligation to act in accordance with the provisions of this Section. Failure to invest, in full or in part, shall entitle the Seller to claim penalties, on account of delayed fulfillment of obligations, in the amount of 10% (ten percent) of the amount that the Buyer has failed to invest in a timely manner.

Related to Delayed Fulfillment

  • Fulfillment (a) Subject to the foregoing provisions of this Article 6, Triangle’s [BUKWANG REDACTED] obligations set forth in this Article 6 shall be deemed to have been satisfied if Triangle: (i) files what it reasonably believes to be a complete NDA for a Licensed Product for HBV with the FDA within [BUKWANG REDACTED] after the Effective Date; provided, however, said [BUKWANG REDACTED] period shall be subject to up to [BUKWANG REDACTED] extensions of [BUKWANG REDACTED], at Triangle’s election, by payment to Bukwang of a sum of [BUKWANG REDACTED] for each [BUKWANG REDACTED] extensions and [BUKWANG REDACTED] for each [BUKWANG REDACTED] extensions; and (ii) commercially introduces, or causes its Affiliates or sublicensees to commercially introduce, such Licensed Product in the United States within [BUKWANG REDACTED] after FDA Registration of such Licensed Product, if otherwise commercially feasible. (b) Triangle agrees to use its [BUKWANG REDACTED] to give Bukwang at least ten (10) days’ notice prior to the exercise of any extension pursuant to Subsection 6.2(a). Extension payments under Subsection 6.2(a) shall be made within the first ten (10) days of each such extension period. Notwithstanding any provision of Subsection 6.2(a) to the contrary: (i) in the event that Triangle is unable to obtain Bulk Drug Substance of a quality and in such quantities reasonably necessary to perform the toxicity studies referred in Section 6.1 within [BUKWANG REDACTED] after the Effective Date, the [BUKWANG REDACTED] period referred to in Subsection 6.2(a) shall be adjusted by that period in excess of such [BUKWANG REDACTED] period that expires before Triangle obtains such Bulk Drug Substance; provided, however, that the period of the extension prescribed in this clause (i) of this Subsection 6.2(b) shall, in no event, exceed [BUKWANG REDACTED]; and (ii) such [BUKWANG REDACTED] period shall also be adjusted appropriately (x) to account for any delay by Bukwang in the transfer of Bukwang Know-How beyond the period specified in Section 10.1 and (y) in the event the FDA requires that toxicity studies other than those described in Section 6.1 be performed prior to the commencement of clinical trials in the U.S.

  • Delayed Delivery Contracts If the Prospectus provides for sales of Offered Securities pursuant to Delayed Delivery Contracts, the Company hereby authorizes the Underwriters to solicit offers to purchase Contract Securities on the terms and subject to the conditions set forth in the Prospectus pursuant to Delayed Delivery Contracts. Delayed Delivery Contracts may be entered into only with institutional investors approved by the Company of the types set forth in the Prospectus. On the Closing Date, the Company will pay to the Manager as compensation for the accounts of the Underwriters the commission set forth in the Underwriting Agreement in respect of the Contract Securities. The Underwriters will not have any responsibility in respect of the validity or the performance of any Delayed Delivery Contracts. If the Company executes and delivers Delayed Delivery Contracts with institutional investors, the aggregate amount of Offered Securities to be purchased by the several Underwriters shall be reduced by the aggregate amount of Contract Securities; such reduction shall be applied to the commitment of each Underwriter pro rata in proportion to the amount of Offered Securities set forth opposite such Underwriter's name in the Underwriting Agreement, except to the extent that the Manager determines that such reduction shall be applied in other proportions and so advises the Company; provided, however, that the total amount of Offered Securities to be purchased by all Underwriters shall be the aggregate amount set forth above, less the aggregate amount of Contract Securities.

  • Delayed Delivery (a) No adjustment shall be made and the CONTRACT PRICE shall remain unchanged for the first thirty (30) days of the delay in delivery of the VESSEL ending as of 12 o'clock midnight Korean Standard Time on the thirtieth (30th) day of delay beyond the DELIVERY DATE calculated as provided in Article VII.1. hereof. (b) If delivery of the VESSEL is delayed more than thirty (30) days beyond the DELIVERY DATE then, in such event, beginning at midnight of the thirtieth (30th) day after such due date, the CONTRACT PRICE of the VESSEL shall be reduced by U.S. Dollars Twenty Three Thousand (US$ 23,000) for each full day of delay. However, unless the parties agree otherwise, the total amount of deduction from the CONTRACT PRICE shall not exceed the amount due to cover the delay of one hundred and eighty (180) days after thirty (30) days of the delay in delivery of the VESSEL at the rate of deduction as specified hereinabove. (c) But, if the delay in delivery of the VESSEL continues for a period of more than two hundred and ten (210) days beyond the DELIVERY DATE then, in such event, and after such period has expired, the BUYER may, at its option, rescind or cancel this CONTRACT, by serving upon the BUILDER a notice of cancellation by email or facsimile to be confirmed by a registered letter via airmail directed to the BUILDER at the address given in this CONTRACT. Such cancellation shall be effective as of the date the notice thereof is received by the BUILDER. If the BUYER has not served the notice of cancellation after the aforementioned two hundred and ten (210) days delay in delivery, the BUILDER may demand the BUYER to make an election in accordance with Article VIII.3. hereof. (d) For the purpose of this Article, the delivery of the VESSEL shall be deemed to be delayed when and if the VESSEL, after taking into full account extension of the DELIVERY DATE or permissible delays as specifically provided in Articles V, VI, VIII, XI or elsewhere in this CONTRACT, is delivered beyond the date upon which delivery would then be due under the terms of this CONTRACT.

  • Fulfillment of Conditions Purchaser (a) shall take all commercially reasonable steps necessary or desirable and proceed diligently and in good faith to satisfy each other condition to the obligations of Seller contained in this Agreement, and (b) shall not, and shall not permit any of its Affiliates to, take or fail to take any action that would reasonably be expected to result in the non-fulfillment of any such condition.

  • Receipt of Closing Documentation All documentation relating to the due authorization and completion of the purchase and sale of the Purchased Shares and all actions and proceedings taken on or prior to the Closing Date in connection with the performance by the Purchaser of its obligations under this Agreement shall be satisfactory to the Vendors and their counsel, acting reasonably, and the Vendors shall have received copies of all such documentation or other evidence as they may reasonably request in order to establish the consummation of the transactions contemplated hereby and the taking of all corporate proceedings in connection therewith in compliance with these conditions, in form and substance satisfactory to the Vendors and their counsel, acting reasonably.