Shipping and Delivery Dates. (a) Time is of the essence with respect to all deliveries of Products. Supplier shall make all deliveries of Products in accordance with the Delivery Schedule. (b) If during the production of any Purchase Order, Supplier determines for any reason that it will be unable to meet the Delivery Schedule for such Purchase Order, Supplier shall notify Purchaser in writing within twenty-four (24) hours of such determination. Such notification shall include a new proposed Delivery Schedule. Upon Purchaser’s written consent to the new Delivery Schedule, the new schedule will be binding on Supplier. If Purchaser does not consent, the initial Delivery Schedule shall remain binding on Supplier. (c) Supplier acknowledges that Purchaser may vary the Delivery Schedule for, or cancel, any Purchase Order for any Products that Supplier does not deliver in accordance with the Delivery Schedule or as otherwise modified in accordance with Section 6.2(b), without limiting Purchaser’s ability to claim any other remedy.
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Sources: Steel Supply and Services Agreement (Worthington Enterprises, Inc.), Steel Supply and Services Agreement (Worthington Steel, Inc.)