Common use of Penalties for delay Clause in Contracts

Penalties for delay. Beginning on January 1, 2023 and for the remainder of the Term, in the event Curia does not Deliver Product on or before the date set forth in the applicable Purchase Order, the penalties set forth in the table below shall apply to the Unit Price of the Product ("Delay Penalties"). For clarity, Delay Penalties shall apply only to small and/or medium scale Batches of Product for Most of World ("MOW Batches"). In addition, Delay Penalties shall in no event apply if a delivery delay is due to: (i) Indivior’s failure to provide Indivior Materials and other required documentation or information in accordance with this Agreement which is required for Curia to Process the Product on the scheduled Processing Date; (ii) the applicable Product fails to meet the target molecular weight as defined in the Specifications; (iii) there is a delay caused by third party testing of the applicable Product; or (iv) Indivior exercises its right to modify a Purchase Order in accordance with Section 4.4 above within four (4) months of the scheduled Processing Date of the applicable Batch of Product. *The Percentage of Price Deducted shall be applied to Column B of the table set forth in Exhibit B. By way of example, if a Batch of Product SKU# [***] is Delivered 30 days after the delivery date set forth in the applicable Purchase Order, the Unit Price paid by Indivior for each unit of Product in such Batch shall be reduced by [***]%; the Unit Price for each unit in such Batch would therefore be $[***] - ($[***] * [***]) = $[***].