Time not of the essence Clause Samples
A 'Time not of the essence' clause establishes that deadlines or timeframes specified in a contract are not considered critical conditions for performance. In practice, this means that if a party fails to meet a specified deadline, it does not automatically constitute a breach of contract, unless the delay causes significant harm or the parties later agree to make time essential. This clause provides flexibility in contract performance and helps prevent minor delays from resulting in severe legal consequences, thereby reducing the risk of disputes over timing.
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Time not of the essence. If Landlord is unable to give possession of the Premises on the Commencement Date, for any reason whatsoever, Landlord shall not be subject to any liability for said failure and the validity of this Lease shall not be impaired under such circumstances, nor shall the same be construed in any way to extend the term of this Lease. If the Premises are delivered after the Commencement Date, the Base Rent and Additional Rent payable hereunder shall be abated (provided Tenant is not responsible for the inability to obtain possession) until Landlord has given a second notice to Tenant that the Premises are ready for Tenant's occupancy. If Landlord shall give Tenant permission to enter into the possession of the Premises prior to the Commencement Date, such possession or occupancy shall be deemed to be upon all the terms, covenants, conditions, and provisions of this Lease including the execution of an estoppel certificate.
Time not of the essence. Time shall not be of the essence of this Agreement whether as regards any dates, times and periods mentioned, as regards any dates, times and periods which may be substituted for them in accordance with this Agreement or by agreement in writing between the Parties or otherwise.
Time not of the essence. Time is not of the essence for the purposes of the review of rent.
Time not of the essence. 6.1. The time stipulated in the Contract for the delivery of the Goods is approximate only and shall not be a material term. Unless specifically provided for elsewhere in these Conditions, the Buyer may not cancel the Contract as a result of the late delivery of the Goods.
6.2. The supply of Goods is subject to the prompt receipt by NEXUS of all information, specifications, and other data that NEXUS may require from the Buyer for the proper performance of the Contract.
6.3. Subject to clauses 6.1 and 6.2 above, NEXUS shall give its best endeavors to deliver the Goods by the dates specified in the Contract.
Time not of the essence. 7.1 The time of delivery shall not be of the essence under this Agreement, provided always that, the Supplier shall use reasonable endeavours to complete the delivery as soon as the Supplier deems possible.
8.1 Save where otherwise provided in this Agreement, the Customer shall not be entitled to cancel any order and/or make a return of Products and/or Services (including any part thereof) on or after the Commencement Date.
9.1 If the Supplier is prevented or delayed from performing its obligations under this Agreement by reason of any act or omission of the Customer (other than a delay under Clause 14) then the Customer shall pay to the Supplier all reasonable costs, charges and losses sustained or incurred by the Supplier as a result (including without limitation any storage personnel and insurance cost), subject to the limits on liability in Clause 15.
10.1 The Customer warrants to the Supplier that the Customer has not been induced to enter into this Agreement by any prior representations or warranties, whether oral or in writing, except as specifically contained in this Agreement and the Customer hereby irrevocably waives any right it may have to claim damages for any misrepresentation contained in this Agreement or for breach of any warranty not contained herein (unless such misrepresentation was made fraudulently and relied upon by the Customer) and or to rescind this Agreement.
Time not of the essence. For the purpose of this clause, time shall not be of the essence.
Time not of the essence. For the purpose of this schedule, time shall not be of the essence.
Time not of the essence. 6.1 The time stipulated for the delivery of any goods or the rendering of any service or the doing of any other act by the Seller, is approximate only and shall not be a material term and in any event is subject to the prompt receipt by the Seller of all information, specifications, and such other data which it may require from the Customer for the proper carrying out of the order.
6.2 Subject to 6.1, the Seller will make reasonable efforts to deliver goods and render services within the times stated in the contract.
6.3 A signed delivery note shall constitute prima facie proof that the goods have been delivered to and received by the Customer in good condition, whether signed by the Customer, an employee an agent or a representative of the Customer.
Time not of the essence. 23.1 Any time, date or period mentioned in any provision of this Agreement for the purposes of supply of services or Goods may be extended by mutual Agreement between the parties at any time.
23.2 Time is not to be of the essence in relation to the delivery of Goods and services as the Supplier will be reliant upon external factors it cannot ordinarily control. Any times, dates or periods are therefore aspirational and not binding upon the parties.
Time not of the essence. For the purpose of this Schedule, time shall not be of the essence. 29 Table of Contents