Performance Delay Clause Samples

POPULAR SAMPLE Copied 7 times
Performance Delay. Time is of the essence in the Vendor’s performance of this Agreement. If at any time it appears to Vendor that it may not meet any of the performance schedules or the scheduled completion date of the services to be performed for any reason, including labor disputes, Vendor shall immediately by verbal means (to be confirmed in writing) notify Customer of the reasons for and the estimated duration of such delay. If requested by Customer, Vendor shall make every effort to avoid or minimize the delay to the maximum extent possible including the expenditure of premium time. Any additional cost caused by these requirements of Customer shall be borne by Vendor, unless the delay in performance arises out of causes beyond the control and without the fault or negligence of Vendor or its subcontractors within the meaning of the Cancellation- Default clause herein. The foregoing requirements are in addition to any of Customer’s other rights and remedies as may be provided by law or this Agreement.
Performance Delay. Time is of the essence in the Lessor’s performance of this Agreement. If at any time it appears to Lessor that it may not meet any of the performance schedules or the scheduled completion date of the services to be performed for any reason, including labor disputes, Lessor shall immediately by verbal means (to be confirmed in writing) notify Lessee of the reasons for and the estimated duration of such delay. If requested by ▇▇▇▇▇▇, Lessor shall make every effort to avoid or minimize the delay to the maximum extent possible including the expenditure of premium time. Any additional cost caused by these requirement of Lessee shall be borne by Lessor, unless the delay in performance arises out of causes beyond the control and without the fault or negligence of Lessor or its subcontractors within the meaning of the Cancellation-Default clause herein. The foregoing requirements are in addition to any of ▇▇▇▇▇▇’s other rights and remedies as may be provided by law or this Agreement.
Performance Delay. Time is of the essence in the Licensor’s performance of this Agreement. If at any time it appears to Licensor that it may not meet any of the performance schedules or the scheduled completion date of the services to be performed for any reason, including labor disputes, Licensor shall immediately by verbal means (to be confirmed in writing) notify customer of the reasons for the estimated duration of such delay. If requested by Customer, Licensor shall make every effort to avoid or minimize the delay to the maximum extent possible including the expenditure of premium time. Any additional cost caused by these requirements of Customer shall be borne by Licensor, unless the delay in performance arises out of causes beyond the control and without the fault or negligence of Licensor or its subcontractors within the meaning of the Cancellation- Default clause herein. The foregoing requirements are in addition to any of Customer’s other rights and remedies as may be provided by law or this Agreement.
Performance Delay. The time for performance of a Party impacted by a Force Majeure Event, other than the satisfaction of payment obligations that have accrued under this Agreement, is excused, without liability, for the duration of time that the Force Majeure Event impairs such Party’s ability to perform its obligations under this Agreement.
Performance Delay. 7.1. Unless otherwise agreed in writing, any time or period given for delivery, despatch, performance or completion shall be of the essence. The Supplier shall notify the Company immediately it is aware of any possible delay in delivery, despatch, completion or performance. 7.2. The Company reserves the right to reject Goods or Services not delivered or performed on time and/or cancel the whole or any part of the Order of which such Goods or Services, form part and/or to return any Goods already delivered which by virtue of such rejection or cancellation are no longer of use. Such rights of rejection, cancellation or return shall be available to the Company irrespective of the cause of delay, without prejudice to the Company's right to damages and any other remedies against the Supplier for breach of contract and without any liability of whatever nature on the Company. The return of rejected Goods shall be at the Supplier’s cost and risk. 7.3. No concession with respect to delays in delivery, despatch, completion or performance shall be construed as a waiver of any of the Company's rights and unless such waiver is specifically agreed in writing and signed by a duly authorised representative of the Company. 7.4. The Company shall be entitled at its option either to cancel or postpone the Order or any unexecuted part thereof if necessary for any reason beyond the reasonable control of the Company.
Performance Delay. Should Contractor be delayed in the prosecution or completion of the work by the act, neglect, or default of Owner, or of any other Contractor employed by the Owner, or by any damage caused by fire or other casualty for which Contractor is not responsible, then the time fixed for the completion of the work shall be extended for a period equivalent to the time lost by reason of such causes; but no such allowance shall be made unless a claim is presented in writing by Contractor to Owner, within 48 hours of the occurrence of such delay.
Performance Delay. All work will be performed in a timely manner and/or as required by the Agreement. Owner acknowledges that Contractor will be excused for any delay, including, but not limited to, material shortages, acts of God, labor disputes, inclement weather, acts of public authority, acts of the Owner, scheduling issues or other unforeseen contingencies.
Performance Delay. A default by or on behalf of the Insured with respect to the delay in performance or non-completion of any contract or agreement. However, this exclusion does not apply to delay in performance due to negligent act or, error or omission by the Insured.
Performance Delay 

Related to Performance Delay

  • Performance Schedule The Parties will perform their respective responsibilities in accordance with the Performance Schedule. By executing this Agreement, Customer authorizes Motorola to proceed with contract performance.

  • Performance Excused The Affected Party, to the extent rendered unable to perform its obligations or part thereof under this Agreement as a consequence of the Force Majeure Event shall be excused from performance of the obligations. Provided that, the excuse from performance shall be of no greater scope and of no longer duration than is reasonably warranted by the Force Majeure Event. Provided further, nothing contained herein shall absolve the Affected Party from any payment obligations accrued prior to the occurrence of the underlying Force Majeure Event.

  • Performance Deficiencies If the City or the Quality Control Manager determine in their reasonable belief that any of the Infrastructure Improvements are not being constructed in accordance with the Infrastructure Improvement Plans or this Agreement in any material respect, they shall immediately notify RCP and Bliss Sports II in writing stating the alleged deficiency and the City, the Quality Control Manager, the Architect, RCP and Bliss Sports II will meet within seven (7) days of the giving of such notice to discuss whether the Infrastructure Improvements are not being constructed in accordance with the Infrastructure Improvement Plans or this Agreement in any material respect and, if the City, RCP and Architect agree that they are not, then RCP shall cause Bliss Sports II to correct such deficiencies. The failure by the City to provide any notice of any observed deficiency shall not give rise to any liability to the City and shall not be considered a waiver of any right of the City under this Agreement, including, without limitation, the enforcement of the representations and warranties of Bliss Sports II under this Agreement and any warranties that may be made to the City by any Contracting Parties under the Infrastructure Construction Contract Documents with respect to the completion of the Infrastructure Improvements in accordance with the Infrastructure Improvement Plans and the Project Timeline.

  • Performance Measure Grantee will adhere to the performance measures requirements documented in

  • Ongoing Performance Measures The Department intends to use performance-reporting tools in order to measure the performance of Contractor(s). These tools will include the Contractor Performance Survey (Exhibit G), to be completed by Customers on a quarterly basis. Such measures will allow the Department to better track Vendor performance through the term of the Contract(s) and ensure that Contractor(s) consistently provide quality services to the State and its Customers. The Department reserves the right to modify the Contractor Performance Survey document and introduce additional performance-reporting tools as they are developed, including online tools (e.g. tools within MFMP or on the Department's website).