Company Non-Performance Sample Clauses

Company Non-Performance. A credit equal to any damages payable to the County due to Company non-performance hereunder;
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Company Non-Performance. (a) If, on any Gas Day, Company shall fail to perform under this Agreement, for any reason other than Force Majeure, then, Company agrees to hold Customer harmless from any damages (including without limitation any penalties imposed by interstate pipelines and any amount by which Customer's cost to obtain and receive gas from other suppliers under subsection (a)(ii) of this section exceeds Customer's costs under this Agreement attributable to the service not performed by Company) resulting from Company's failure to perform and, at the sole option of Customer, Customer may pursue the additional remedies set forth in either subsection (a)(i) or subsection (a)(ii) of this section: (i) Company shall owe Customer, and be liable to Customer for, the product of: (quantity of nominated gas not delivered or received) x (the Market Price); or (ii) Customer shall have the right to obtain and receive gas from sources other than Company for the period of such failure by Company and to take any and all actions necessary to obtain and receive such gas, including without limitation submitting all nominations to interstate pipelines (including the next-available intra-day nomination or emergency intra-day nomination) in accordance with interstate pipelines respective gas tariff(s) necessary to have such gas delivered to Customer, and Company will reasonably cooperate with Customer's actions and will not prevent or delay Customer from exercising its rights under this subsection (a)(ii) of this section.
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Company Non-Performance. (a) (i) If during any Billing Period, the Company does not process Acceptable Waste through the Facility due to the Fault of the Company, the County shall dispose of such Acceptable Waste by utilizing alternate facilities (i.e., the Landfill, and the County shall make the Landfill available to the Company for that purpose), the County shall pay the Waste Disposal Fee, and the Company shall pay Performance Adjustments for such Billing Period. Performance Adjustments means, for any Billing Period, an amount equal to the sum of (A) the Capacity Payment for such Billing Period, to the extent lost as a result of Company Fault, plus
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Related to Company Non-Performance

  • Non-Performance The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined.

  • Events Excusing Performance Neither party shall be liable to the other party for failure to perform any of the services required herein in the event of strikes, lock-outs, calamities, acts of God, unavailability of supplies or other events over which that party has no control for so long as such events continue, and for a reasonable period of time thereafter.

  • Prompt Performance All actions required to be taken (including payments) by any party under this Agreement shall be performed within the time prescribed for performance in this Agreement, or if no period is prescribed, such actions shall be performed promptly.

  • Excused Performance 6.1 Notwithstanding the occurrence of a Force Majeure Event, in which case Clause 17 will govern, BT will not be liable for any failure or delay to perform any of its obligations under this Agreement (including any of its obligations to meet any Service Levels) to the extent that BT’s failure or delay in performing arises as a result of:

  • Timely Performance (a) SELLER's timely performance is a critical element of this Contract.

  • Not Impair Performance Buyer shall not take any intentional action that would cause the conditions upon the obligations of the parties hereto to effect the transactions contemplated hereby not to be fulfilled, including, without limitation, taking or causing to be taken any action that would cause the representations and warranties made by any party herein not to be true, correct and accurate as of the Closing, or in any way impairing the ability of Seller to satisfy its obligations as provided in Article VII.

  • Non-Performance of Other Covenants and Obligations Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to WWI by the Administrative Agent at the direction of the Required Lenders.

  • Continued Performance The Contractor and Contractor Parties shall continue to Perform their obligations under the Contract while any dispute concerning the Contract is being resolved.

  • Time for Performance 1.1. The term of this SOW Agreement shall begin on and end on (the “Initial Term”). The Initial Term may be extended as the parties may agree. The State may terminate this SOW for convenience upon thirty days prior written notice to the Contractor. If the Master Agreement should expire or otherwise terminate prior to the end of the term of this SOW Agreement, this SOW Agreement shall continue to the end of its existing term, unless or until terminated in accordance with the terms of this SOW Agreement, and the Parties acknowledge and agree that the terms of the Master Agreement shall survive and apply to this SOW Agreement.

  • Strict Performance Failure by any party to this Contract to insist in any one or more cases upon the strict performance of any of the terms, covenants, conditions, or provisions of this Contract shall not be construed as a waiver or relinquishment of any such term, covenant, condition, or provision. No term or condition of this Contract shall be held to be waived, modified, or deleted except by a written amendment signed by the parties hereto.

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