if he dies, delays or declines to act, the President may on the application of either the Landlord or the Tenant discharge him and appoint another to act in his place in the same capacity; and

has not delivered at least ​ Phase 1 Satellites by the Phase 1 First Delivery Date, subject to extension to the extent the default is excused pursuant to [Article 17.0], Excusable Delays (a “Minimum Satellite Delivery Failure”);

provided that, any delays in the settlement or payment of such awards that are set forth in the applicable award documents and that are required under Section 409A of the Internal Revenue Code shall remain in effect.

For purposes of this Amendment, the terms “Substantially Completed”, “Substantially Completes” and “Substantially Complete” shall mean that the work in question has been completed other than minor or non-material details of construction, mechanical adjustment or decoration “Punch List Items” which do not materially interfere with Tenant’s ordinary use of the applicable portion of the Premises in which such work was performed, provided that Landlord shall use commercially reasonable efforts to complete such Punch List Items within thirty (30) days following notice from Tenant thereof (which thirty (30) day period shall be subject to extension due to casualty, condemnation, Tenant Delays and Unavoidable Delays).

The Distributor is responsible for all purchase orders submitted to the Manufacturer on behalf of a sub-distributor. Manufacturer will not be held liable to any sub-distributor for any pricing errors, delays or omissions on any purchase order submitted by Distributor.

any errors, omissions, interruptions or delays in transmission or delivery of any message, advice or document (regardless of how sent or transmitted) or for errors in interpretation of technical terms or in translation or any delay in giving or failing to give notice to Borrowers;

Graphite-requested delays or holds of any Work Order lasting longer than ​ may, at WuXi ATU’s sole discretion and upon ​ written notice to Graphite, be considered as termination without cause by Graphite of such Work Order unless Graphite released or lifts such hold or delay within the ​ notice period.

Purchaser waives all claims against the ​ for damages or reimbursement or for set-off of any payments made or to be made to the ​, arising from or on account of any contract, agreement, or arrangement between Purchaser and any person for performance of Work on or relating to the Site, including, but not limited to, claims on account of construction delays. In addition, Purchaser shall indemnify and hold harmless the ​ with respect to any and all claims for damages or reimbursement arising from or on account of any contract, agreement, or arrangement between Purchaser and any person for performance of Work on or relating to the Site, including, but not limited to, claims on account of construction delays.

Force Majeure. Except for monetary obligations hereunder, neither party will be responsible for delays resulting from causes beyond the reasonable control of such party, including fire, explosion, flood, war, strike, or riot, provided that the nonperforming party uses commercially reasonable efforts to avoid or remove such causes of nonperformance and continues performance under this Agreement with reasonable dispatch whenever such causes are removed.

No Agent shall be responsible for delays or failures in performance resulting from acts beyond its control. Such acts include but are not limited to acts of God, strikes, lockouts, riots and acts of war. In connection with any payment, the Collateral Agent and the Collateral Administrator are entitled to rely conclusively on any instructions provided to them by the Administrative Agent.