INABILITY TO OBTAIN MATERIALS Clause Samples

The "Inability to Obtain Materials" clause defines the procedures and responsibilities if a party cannot procure necessary materials required to fulfill contractual obligations. Typically, this clause outlines the steps the affected party must take, such as promptly notifying the other party, seeking alternative sources, or possibly adjusting timelines or costs. Its core function is to address supply chain disruptions, ensuring both parties understand their options and obligations if essential materials become unavailable, thereby reducing uncertainty and potential disputes.
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INABILITY TO OBTAIN MATERIALS. In the event that the Seller is unable to obtain certain materials as (are contained in the model house) (set forth in the specifications set forth on the building plans) to be included in the improvement to be erected hereunder, due to manufacturer’s shortages or inability to obtain such materials through no fault of Seller, Seller may substitute other materials in their place and stead provided Purchaser agrees to such substitution and further provided that said substitution will be acceptable to Purchaser’s lending institution and the local municipal agencies having jurisdiction over the construction of the improvement and further provided that the substitutions are reasonable and of least equal value.
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INABILITY TO OBTAIN MATERIALS. If Lessor notifies Lessee that any fittings, finished or other materials specified by Lessee for the Lessee Interior Improvements for Phase II are not: (i) regularly used, (ii) cannot be obtained within sixty (60) days after placing an order therefore, and (iii) Lessor reasonably determines that such extended delivery time will prohibit Lessor from Substantially Completing the Lessee Interior Improvements for Phase II by the Scheduled Completion Date, then Lessee shall within five days either (i) execute a change order selecting an alternative reasonably approved by Lessor, or (ii) agree that any delay in the Substantial Completion of the Lessee Interior Improvements for Phase II as a consequence of the inability to obtain the item will be a Lessee Delay.
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INABILITY TO OBTAIN MATERIALS. If Lessor notifies Lessee that any fittings, finished or other materials specified by Lessee for the Lessee Interior Improvements for Phase I that arc not regularly used, and cannot be obtained within ninety (90) days after placing an order therefore and Lessor reasonably determines that such extended delivery time will prohibit Lessor from Substantially Completing the Lessee Interior Improvements for Phase I by the Scheduled Completion Date, and information that will permit Lessee reasonably to select an alternative fitting, finish, or material, including, without limitation any expected delays in the Scheduled Completion Date associated with each alternative, but only if (i) it wasn’t a long lead time item when Lessor approved it or (ii) Lessor notified Lessee that it is a long lead time item when Lessor delivered the plans for Lessee’s approval. Within seven (7) business days, Lessee shall either (i) execute a change order in accordance with the foregoing requirements selecting an alternative presented by Lessor or developed by Lessee and approved by Lessor, which approval shall not be unreasonably withheld, or (ii) agree that any delay in the Substantial Completion of the Lessee Interior Improvements for Phase I as a consequence of the inability to obtain the item will be a Lessee Delay.
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INABILITY TO OBTAIN MATERIALS. If Lessor notifies Lessee that any fittings, finished or other materials specified by Lessee for the Lessee Interior Improvements for Phase I that are not regularly used, and cannot be obtained within ninety (90) days after placing an order therefore and Lessor reasonably determines that such extended delivery time will prohibit Lessor from Substantially Completing the Lessee Interior Improvements for Phase I by the Scheduled Completion Date, and information that will permit Lessee reasonably to select an alternative fitting, finish, or material, including, without limitation any expected delays in the Scheduled Completion Date associated with each alternative, but only if (i) it wasn't a long lead time item when Lessor approved it or (ii) Lessor notified Lessee that it is a long lead time item when Lessor delivered the plans for Lessee's approval. Within seven (7) business days, Lessee shall either (i) execute a change order in accordance with the foregoing requirements selecting a reasonable alternative presented by Lessor or developed by Lessee and approved by Lessor, which approval shall not be unreasonably withheld, or (ii) agree that any delay in the Substantial Completion of the Lessee Interior Improvements for Phase I as a consequence of the inability to obtain the item will be a Lessee Delay. Any item that is part of approved budget that can be obtained within Ninety (90) days will not be a delay under Section 2.1.8 below.
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INABILITY TO OBTAIN MATERIALS. If Lessor notifies Lessee that any fittings, finished or other materials specified by Lessee for the Lessee Interior Improvements for Phase II cannot be obtained within sixty (60) days after placing an order therefore and Lessor reasonably determines that such extended delivery time will prohibit Lessor from Substantially Completing the Lessee Interior Improvements for Phase II by the Scheduled Completion Date, and information that will permit Lessee reasonably to select an alternative fitting, finish, or material, including, without limitation any expected delays in the Scheduled Completion Date associated with each alternative. Within three (3) business days, Lessee shall either (i) execute a change order in accordance with the foregoing requirements selecting an alternative presented by Lessor or developed by Lessee and approved by Lessor, which approval shall not be unreasonably withheld, or (ii) agree that any delay in the Substantial Completion of the Lessee Interior Improvements for Phase II as a consequence of the inability to obtain the item will be a Lessee Delay.
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Related to INABILITY TO OBTAIN MATERIALS

  • Customer Materials Subject to Section 4(a), all right, title and interest (including all Intellectual Property Rights) in and to the Customer Materials are owned by Customer or Customer’s suppliers.

  • Third Party Materials The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third- party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

  • Background Data The Disclosing Party's Background Data, if any, will be identified in a separate technical document.

  • Return or Destruction of Confidential Information If an Interconnection Party provides any Confidential Information to another Interconnection Party in the course of an audit or inspection, the providing Interconnection Party may request the other party to return or destroy such Confidential Information after the termination of the audit period and the resolution of all matters relating to that audit. Each Interconnection Party shall make Reasonable Efforts to comply with any such requests for return or destruction within ten days of receiving the request and shall certify in writing to the other Interconnection Party that it has complied with such request.

  • Removal of Materials If you decide you would like to remove your Materials from the Service, you may provide written notice to Prime Publishing by either deleting the image through the Prime Publishing interface or by contacting Prime Publishing customer service, and Prime Publishing will remove such Materials from the Service within a reasonable period of time. 5) License for Name, Trademarks and Likenesses. You hereby grant to Prime Publishing, its Affiliates and sublicensees a nonexclusive, worldwide, royalty-free license to use all trademarks, trade names, and the names and likenesses of any individuals that appear in the Materials. You grant Prime Publishing, its Affiliates and sublicensees the right to use the name that you submit in connection with the Materials. 6) Specifications and Guidelines. You agree to submit Materials to us in accordance with all guidelines for use of the Service posted on the Prime Publishing web site or of which you are otherwise notified ("Guidelines"), as these Guidelines may be changed in the future. 7)