Launch Delay Clause Samples

A Launch Delay clause defines the procedures and consequences if the scheduled launch of a product, service, or project is postponed. Typically, it outlines the conditions under which a delay is recognized, the responsibilities of each party during the delay, and any remedies or adjustments to timelines or payments that may result. For example, it may specify notification requirements or set limits on how long a delay can last before additional actions are triggered. The core function of this clause is to manage expectations and allocate risk between parties in the event of unforeseen delays, ensuring both sides understand their rights and obligations if the launch does not proceed as planned.
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Launch Delay. (a) The Parties shall allocate costs associated with launch delays as provided herein. A "Launch Delay" shall be deemed to have occurred if INHALE does not place an order for Devices, Transjectors and ▇▇▇▇▇▇▇▇ consistent with Section 4.4(b) by [**] A Launch Delay shall be deemed to commence at the time specified in the previous sentence and to continue until [**] The Parties acknowledge that there could be multiple Launch Delays during the Term of this Agreement. (b) The CMs shall use commercially reasonable efforts to minimize costs associated with delay (including, for example, rescheduling delivery or installation of equipment without fee or with minimum fee, deleting additional hires or the purchase of additional material, or using their personnel on other projects where possible). In [**] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. addition, at INHALE's request, the CMs shall continue to manufacture Devices, Base Units, Transjectors and ▇▇▇▇▇▇▇▇ at levels requested by INHALE (subject to the Agreed Capacity Levels) for inventory to be held by INHALE and/or its Pharmaceutical Collaborators or for other purposes. (c) Costs of a Launch Delay shall be borne as follows: [**] [**] [**]
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Launch Delay. The Satellite shall be capable of remaining loaded with propellant for a minimum of [**Redacted**] prior to launch, while maintaining safety and status monitoring.
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Launch Delay. In the event the Launch is delayed beyond the Launch Date, (i) AOL's Impression commitments and the Site Revenue thresholds set forth in Section 1.2, (ii) the Transaction Revenue thresholds set forth in Section 4.2.1 and (iii) the Approved Application thresholds (as set forth in Exhibit B of the Performance Warrant Agreement and the Renewal Term Performance Warrant Agreement), each shall be proportionately reduced.
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Launch Delay. 12 3.9 CONTINUOUS IMPROVEMENT, CHANGE CONTROL PROCEDURES..................13 3.10
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Launch Delay. The Satellite shall be capable of remaining loaded with propellant for a minimum of [**Redacted**] prior to launch, while maintaining safety and status monitoring. ITAR-Controlled Document DigitalGlobe Proprietary and Confidential Use or disclosure of data is subject to the restriction on the title page of this document. b) The Satellite shall be capable of launch for up to [**Redacted**] following the integration of the Satellite to the Launch Vehicle without the need for demate, while maintaining safety and status monitoring.
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Launch Delay. In the event of a launch delay, the Parties shall ensure that access to U.S. Launch Vehicles, U.S. Spacecraft, Related Equipment and Technical Data is monitored by U.S. Participants. The Government of New Zealand shall ensure that U.S. Participants are present if U.S. Spacecraft are exposed or are removed from U.S. Launch Vehicles after such U.S. Spacecraft have been mated to U.S. Launch Vehicles. The Parties shall ensure that U.S. Launch Vehicles and U.S. Spacecraft are monitored and accompanied by U.S. Participants from the launch pad, throughout the transport route to the U.S. Launch Vehicle and/or U.S. Spacecraft preparation area, where, if needed, U.S. Launch Vehicles and U.S. Spacecraft shall be repaired and await remating. The provisions of Article VII of this Agreement shall apply to any subsequent Launch Activities.
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Launch Delay. In the event of a launch delay, the Government of Australia shall allow U.S. Participants, on an unimpeded basis, to: a. monitor, on an uninterrupted basis, U.S. Launch Vehicles, U.S. Spacecraft, U.S. Related Equipment, and U.S. Technical Data; b. be present if U.S. Spacecraft are exposed or are removed from U.S. Launch Vehicles or Non-U.S. Launch Vehicles after they are mated; and
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Related to Launch Delay

  • Excusable Delay The parties shall not be obligated to perform and shall not be deemed to be in default hereunder, if the performance of a non-monetary obligation required hereunder is prevented by the occurrence of any of the following, other than as the result of the financial inability of the party obligated to perform: acts of God, strikes, lock-outs, other industrial disturbances, acts of a public enemy, war or war-like action (whether actual, impending or expected and whether de jure or de facto), acts of terrorists, arrest or other restraint of government (civil or military), blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, sink holes, civil disturbances, explosions, breakage or accident to equipment or machinery, confiscation or seizure by any government or public authority, nuclear reaction or radiation, radioactive contamination or other causes, whether of the kind herein enumerated or otherwise, that are not reasonably within the control of the party claiming the right to delay performance on account of such occurrence.

  • Tenant Delay Except as otherwise provided in the Lease, Delivery of the Premises shall occur when Landlord’s Work has been Substantially Completed, except to the extent that completion of Landlord’s Work shall have been actually delayed by any one or more of the following causes (“Tenant Delay”): (i) Tenant’s Representative was not available to give or receive any Communication or to take any other action required to be taken by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlord; (ii) Tenant’s request for changes to the Building Shell, whether or not such changes are actually performed; (iii) The construction of any changes to the Building Shell requested by Tenant and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date shall be deemed to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead times.

  • Six-Month Delay Notwithstanding anything to the contrary in this Agreement, no compensation or benefits, including without limitation any severance payments or benefits payable under this Section 4, shall be paid to the Executive during the six-month period following the Executive’s Separation from Service if the Company determines that paying such amounts at the time or times indicated in this Agreement would be a prohibited distribution under Section 409A(a)(2)(B)(i) of the Code. If the payment of any such amounts is delayed as a result of the previous sentence, then on the first day of the seventh month following the date of Separation from Service (or such earlier date upon which such amount can be paid under Section 409A without resulting in a prohibited distribution, including as a result of the Executive’s death), the Company shall pay the Executive a lump-sum amount equal to the cumulative amount that would have otherwise been payable to the Executive during such period.

  • Milestone Schedule Please state the status and progress of each Milestone and identify any completed Milestone(s) for the previous calendar quarter.

  • Tenant Delays A "Tenant Delay” shall be defined as any delay in the design, permitting or performance of the Base Building Work to the extent that such delay is actually caused by any act or, where there is a duty to act under this Lease, any failure to act by Tenant or Tenant's contractors, architects, engineers, or anyone else engaged by or on behalf of Tenant in connection with the construction of the Tenant Improvement Work as set forth in this Article III (including, without limitation, any delays resulting from the Approved Tenant Finishes under Section 3.l(C) above) and disclosed to Tenant as hereinafter provided. Notwithstanding the foregoing, in no event shall any delays in the completion of the Base Building Work caused by Tenant’s use of non-union labor constitute a Tenant Delay hereunder. Notwithstanding the foregoing, no event shall be deemed a Tenant Delay unless and until Landlord has given Tenant written notice (the "Tenant Delay Notice") advising Tenant: (x) that a Tenant Delay is occurring and setting forth Landlord's good faith estimate as to the likely length of such Tenant Delay; (y) of the basis on which Landlord has determined that a Tenant Delay is occurring; and (z) the actions which Landlord believes that Tenant must take to eliminate such Tenant Delay. No event shall be deemed to be a Tenant Delay unless and until Tenant has failed to rectify the situation causing the Tenant Delay within forty-eight (48) hours after Tenant's receipt of the Tenant Delay Notice (which for the purposes of determining receipt may be delivered by hand to Tenant's Construction Representative, with copies to follow to Tenant at the notice address set forth in Section 1.2 of this Lease within five (5) days thereafter); provided, however, that if Tenant shall fail to eliminate the delay within the aforesaid 48-hour period, then the 48-hour cure period shall be included in the period of time charged to Tenant pursuant to such Tenant Delay Notice (it being understood and agreed that if Tenant shall in fact eliminate the Tenant Delay within the 48-hour cure period, no Tenant Delay shall be deemed to have occurred for the purposes of this Article III). In addition, any delay to the extent caused by (i) Landlord Delay or (ii) subject to the limitations of subsection (D) below, Tenant's Force Majeure (as defined in said subsection (D)) shall not constitute Tenant Delay. Tenant covenants that no Tenant Delay shall delay commencement of the Term or the obligation to pay Annual Fixed Rent or Additional Rent. The Delivery Dates and/or the date of substantial completion of the Base Building Work, as applicable, shall be deemed to have occurred as of the date when such Delivery Dates and/or date of substantial completion of the Base Building Work, as applicable, would have occurred but for any Tenant Delays, as determined by Landlord in the exercise of its good faith business judgment (it being understood and agreed that the foregoing shall not be construed so as to relieve Landlord of its obligation to actually complete the Base Building Work, notwithstanding the fact that substantial completion may have been deemed to have occurred prior to actual completion as the result of Tenant Delays).