Late Delivery Payment Clause Samples

Late Delivery Payment. Notwithstanding the foregoing, if Landlord does not deliver possession of (i) one (1) full floor of the Initial Premises to Tenant within ninety (90) days after the Scheduled Commencement Date (as such date may be extended by any period of Tenant Delay and by any delay attributable to Force Majeure), and (ii) the entire Initial Premises to Tenant within one hundred twenty (120) days after the Scheduled Commencement Date (as such date may be extended by any period of ▇▇▇▇▇▇ ▇▇▇▇▇ and by any delay attributable to Force Majeure), then Landlord shall pay to Tenant the sum of Thirty Thousand Dollars ($30,000) per month until Landlord delivers possession of the entire Initial Premises in the condition required under this Lease, up to a maximum payment of One Hundred Eighty Thousand Dollars ($180,000) (the "Late Delivery Payment") as liquidated damages but not as a penalty. The Late Delivery Payment shall be prorated for any partial month (based on the actual days in that month) and applied as a credit against the first installments of Rent falling due hereunder or shall be paid on any termination of this Lease pursuant to Section 2.2(b) below. Tenant acknowledges that -------------- actual damages may be difficult to ascertain and that this provision does not constitute a penalty. The parties acknowledge that the Late Delivery Payment has been specifically negotiated between Landlord and Tenant and that the amount of such payment represents a reasonable estimation of the damages that ▇▇▇▇▇▇ would suffer in the event Landlord fails to deliver possession of the Premises in a timely manner. Except as provided in Section 2.2(c) below, Tenant waives any -------------- other rights or remedies available to it at law or equity for such late delivery.
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Late Delivery Payment. 2.2(a)....................................................... 5 Laws ........................................ 6.9(a)....................................................... 24
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Related to Late Delivery Payment

  • Late Delivery Supplier shall give DXC prompt notice of any prospective failure to ship Products or provide Services on the delivery date specified by DXC (the “Delivery Date”).

  • PRICE/DELIVERY Price(s) bid must be the price(s) for new goods, unless otherwise specified. Any bids containing modifying or “escalator” clauses will not be considered unless specifically requested in the bid specifications.

  • DELIVERY: FOB DESTINATION, INSIDE DELIVERY, FREIGHT PAID Whenever possible, contractors should give the ordering entities 3 working days prior notice of any deliveries and/or installations. Furniture contractors will not be responsible for the removal/moving of existing furnishings unless requested by the ordering entity. Contractors should verify site readiness prior to delivery. All deliveries will be made during normal working hours unless otherwise arranged with the ordering entity. Contractor will communicate any scheduling delays and/or changes immediately. Agencies will not be responsible for any freight damage, concealed or otherwise.

  • Required Acceptance of Daily Load Deliveries and Notification If the State is harmed by purchaser’s refusal to accept up to 10 truck deliveries of any one sort per day, Purchaser will be in breach of contract and subject to damages as per the D-026.2 and D-027.2 clauses. A truck delivery is all the wood delivered including sorts on super trucks, mule trains and pups brought to the delivery point by a single truck. The Purchaser shall notify the Contract Administrator at least 48 hours in advance if: 1. Purchaser intends to limit the number of truck deliveries accepted on any day to less than that listed above, or 2. Purchaser intends to limit the number of truck deliveries accepted on any day to the number listed above.

  • PRODUCT DELIVERY Delivery must be made as ordered to the address specified on the Purchase Order and in accordance with the terms of the Contract or Contract Award Notice. Unless otherwise specified in the Bid Documents, delivery shall be made within thirty calendar days after receipt of a Purchase Order by the Contractor. The decision of the Commissioner as to compliance with delivery terms shall be final. The burden of proof for delay in receipt of Purchase Order shall rest with the Contractor. In all instances of a potential or actual delay in delivery, the Contractor shall immediately notify the Commissioner and the Authorized User, and confirm in writing the explanation of the delay, and take appropriate action to avoid any subsequent late deliveries. Any extension of time for delivery must be requested in writing by the Contractor and approved in writing by the Authorized User. Failure to meet such delivery time schedule may be grounds for cancellation of the order or, in the Commissioner’s discretion, the Contract.