Discharging Rate; Efficient Performance Clause Samples

Discharging Rate; Efficient Performance. (a) At the Discharge Port the Laytime to be allowed (“Allowed Laytime”) for the discharge of a Parcel shall be determined on the basis of: (i) a discharging rate as set out in Section 4.5(b); and (ii) the ▇▇▇▇ of lading weight of such Parcel in WMT. provided that if it is not possible to discharge a Parcel because of interference due to weather or would not have been possible if work had been in progress, there shall be excluded from the Allowed Laytime the period during which the weather interfered or would have interfered with the work. (b) Buyer shall discharge each vessel at the average rate of *[Redacted]* per Weather Working Day. If the vessel is already on Demurrage, all time counts. In order to achieve an efficient performance in the Discharge Port, Seller shall furnish Buyer with all necessary details from the Charter Party or Contract of Affreightment.
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Discharging Rate; Efficient Performance. (a) At the Discharge Port the laytime to be allowed (“Allowed Laytime”) for the discharge of a Parcel shall be determined on the basis of: (i) a discharging rate for each Discharge Port as set out in Schedule 2.0, per Weather Working Day of 24 consecutive hours. Should any time be used on excluded days, the actual time used shall count as laytime, unless the vessel is already on demurrage, in which event all such time shall count as time on demurrage; and (ii) the bill of lading weight of such Parcel in WMT, provided that if, due to interference due to weather, it is not possible to discharge a Parcel or is not possible if work is in progress, there shall be excluded from the Allowed Laytime the period during which the weather interfered with the work. The Allowed Laytime shall commence on the Date of Arrival in accordance with Section 3.7. (b) If the vessel is already on Demurrage, all time counts. In order to effect an efficient performance at the Discharge Port, the Seller shall without delay provide such information to the Purchasers’ Agent as may be reasonably required by the Purchasers’ Agent at the Discharge Port or Alternate Port including any such information relating to the vessel. (c) The discharge terms and conditions as set out in Schedule 2.0 shall be regularly reviewed and as necessary, updated by the Seller and the Purchasers’ Agent to reflect any changes in prevailing Discharge Port terms and conditions.
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Discharging Rate; Efficient Performance. (a) At the Discharge Port the Laytime to be allowed ("Allowed Laytime") for the discharge of a Parcel shall be determined on the basis of: (i) a discharging rate as set out in Section 4.5(b); and (ii) the ▇▇▇▇ of lading weight of such Parcel in WMT. provided that if it is not possible to discharge a Parcel because of interference due to weather or would not have been possible if work had been in progress, there shall be [**] - Indicates certain information has been redacted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the redacted portions. excluded from the Allowed Laytime the period during which the weather interfered or would have interfered with the work. (b) Buyer shall discharge each vessel at a minimum average rate of [**] per Weather Working Day SHEXUU (Sundays and Holidays excepted unless used). If the vessel is already on Demurrage, all time counts. In order to achieve an efficient performance in the Discharge Port, Seller shall furnish Buyer with all necessary details from the Charter Party or Contract of Affreightment.
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Related to Discharging Rate; Efficient Performance

  • Excused Performance In case performance of any terms or provisions hereof shall be delayed or prevented because of compliance with any law, decree or order of any governmental agency or authority, whether the same shall be of Local, State or Federal origin, or because of riots, war, public disturbances, strikes, lockouts, differences with workmen, fires, floods, acts of God or any other reason whatsoever which is not within the control of the party whose performance is interfered with and which, by the exercise of reasonable diligence, said party is unable to prevent, the party so suffering may, at its option, suspend, without liability, the performance of its obligations hereunder during the period of such suspension of performance of duties hereunder.

  • Continuing Performance In the event of a dispute, the Owner and the Developer agree to continue their respective performance hereunder to the extent feasible in light of the dispute, including paying ▇▇▇▇▇▇▇▇, and such continuation of efforts and payment of ▇▇▇▇▇▇▇▇ shall not be construed as a waiver of any legal right.

  • Continuing Contract Performance Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13, the Design-Builder shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Documents.

  • Excuse for Nonperformance or Delayed Performance Except with respect to defaults of subcontractors, Contractor/Vendor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor has notified the Commission or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

  • OUTCOME IF GRANTEE CANNOT COMPLETE REQUIRED PERFORMANCE Unless otherwise specified in this Statement of Work, if Grantee cannot complete or otherwise comply with a requirement included in this Statement of Work, HHSC, at its sole discretion, may impose remedies or sanctions outlined under Contract Attachment D, Local Mental Health Authority Special Conditions, Section 7.09 (Remedies and Sanctions). CONTRACT NO. HHS001324500038