Consequences of Failure Clause Samples

Consequences of Failure. If an item of Work Product is not accepted or deemed accepted by Customer within thirty (30) days after the date the item of Work Product is initially delivered to Customer‌ for review/testing and acceptance, then FINCAD in its discretion may either: (a) extend the time for the review and testing process; (b) negotiate with Customer a change to the Acceptance Criteria for the item of Work Product; or (c) terminate this Agreement and all licenses for Customer’s use of the item of Work Product effective on notice to Customer and refund to Customer the fees (if any) previously paid by Customer for the item of Work Product.

Consequences of Failure. In the case of any material failure or anticipated material failure of GENTA to supply FINISHED PRODUCT meeting the requirements of this AGREEMENT in the quantities and within the time periods specified in AVENTIS' Firm Orders and Purchase Orders (each, a "Failure"), GENTA shall use COMMERCIALLY REASONABLE EFFORTS, and shall use COMMERCIALLY REASONABLE EFFORTS to cause its Subcontractors to, remedy the Failure and resume supplying acceptable FINISHED PRODUCT to AVENTIS as soon as is reasonably possible, and/or, upon AVENTIS' request, to fully cooperate with AVENTIS to secure adequate supplies of FINISHED PRODUCT from alternative sources. Moreover, in the event of any Failure that is not attributable to AVENTIS and that results in the material cancellation of PRODUCT orders, AVENTIS shall be relieved from its obligations under this AGREEMENT to purchase any quantities of FINISHED PRODUCT identified in any outstanding committed portions of Rolling Forecasts, Firm Orders or Purchase Orders to the extent such FINISHED PRODUCT cannot reasonably be sold without AVENTIS incurring a loss.

Consequences of Failure. The consequences of tree failure are based on the level of target and potential harm that may occur. Consequences can vary depending on the size of the defect, a distance of fall for the tree or limb, and any other factors that may protect a target from harm. Target values are subjective, but DRG staI try to assess them from our client's perspective. As shown in the matrix below, the likelihood of failure and the likelihood of target determine the likelihood of tree failure impacting a target.

Consequences of Failure. If, in the reasonable opinion of BT using information available to it, BT determines that the Communications Provider has or is failing to comply with the provisions of clause 12.4 then BT shall inform the CP of this and then; a) The parties shall as soon as reasonably practicably discuss the matter in good faith in order to determine the reasons for non-compliance with the Proactive Fault Reporting Process and to agree the remedial actions (and timescale for their implementation) required of each party to achieve compliance; b) If the parties are unable to reach agreement pursuant to clause 12.6 (a) within 30 calendar days (or within such other period agreed between the parties) then either party may refer the matter to the Office of the Telecommunications Adjudicator (the OTA) and invite them to review and assist the parties to reach a resolution; c) If, following a further period of 30 calendar days (or within such other period agreed between the parties) of referral to the OTA the parties are still unable to agree a resolution then BT reserves the right to suspend agreement for the Communications Provider to place Proactive Fault Reports.