CONSEQUENCES OF NON-COMPLIANCE WITH THE SPECIFICATIONS Sample Clauses

CONSEQUENCES OF NON-COMPLIANCE WITH THE SPECIFICATIONS. If the Loading Certificate contains a value that does not comply with the specifications referred to in Article 8.1, the Operator shall have the right to either refuse the corresponding Cargo or make acceptance of such Cargo dependent on: o payment by the Shipper of an additional indemnity intended to cover the cost of bringing the Cargo into line with the specifications and/or o modification of the Window of Arrival scheduled for the Cargo. If the Operator refuses the Cargo, it must notify the Shipper within eighteen (18) Hours of receiving the Loading Certificate. If the Operator unloads a Cargo that does not comply with the specifications referred to in Article 8.1 after having expressly accepted said Cargo as such, the Operator shall waive all claims to any indemnification whatsoever from the Shipper in respect of this lack of compliance, excluding the aforementioned additional indemnity, provided that the characteristics of the unloaded LNG comply with the forecast accepted by the Operator under the conditions of this Article. Should a Cargo be Unloaded that does not comply with the forecast accepted by the Operator or with the specifications under Article 8.1 and has not been expressly accepted as such by the Operator in advance, the Shipper shall reimburse the Operator the expenses and financial consequences of this lack of compliance, more specifically any penalties, damages and indemnities that the Operator is required to pay to third parties, any expenses paid by the Operator, where applicable, to bring the gas into line with said specifications, as well as any damage caused to the Operator's own facilities. The Operator may suspend any Unloading of Cargo that does not comply with the specifications referred to in Article 8.1 and that is not expressly accepted as such, or that does not comply with the forecast accepted by the Operator in accordance with the previous subparagraph, without the Operator being held liable to the Shipper as a result and without prejudice to any damages owed to the Operator by the Shipper as a result of this Cargo.
Sample 1
AutoNDA by SimpleDocs

Related to CONSEQUENCES OF NON-COMPLIANCE WITH THE SPECIFICATIONS

  • Consequences of non-compliance If a beneficiary breaches any of its obligations under this Article, the grant may be reduced (see Article 43). Such breaches may also lead to any of the other measures described in Chapter 6.

  • Compliance with the Laws and Agreements; No Defaults (a) Each of the Borrower and each Subsidiary is in compliance with all Governmental Requirements applicable to it or its Property and all agreements and other instruments binding upon it or its Property, and possesses all licenses, permits, franchises, exemptions, approvals and other governmental authorizations necessary for the ownership of its Property and the conduct of its business, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect. (b) Neither the Borrower nor any Subsidiary is in default nor has any event or circumstance occurred which, but for the expiration of any applicable grace period or the giving of notice, or both, would constitute a default or would require the Borrower or a Subsidiary to Redeem or make any offer to Redeem under any indenture, note, credit agreement or instrument pursuant to which any Material Indebtedness is outstanding or by which the Borrower or any Subsidiary or any of their Properties is bound. (c) No Default has occurred and is continuing.

  • Effect of Non-Compliance Failure to comply with the requirements set forth herein may result in termination of this Agreement and/or ineligibility for award of future contracts.

  • Compliance with the Sxxxxxxx-Xxxxx Act There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply in all material respects with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

  • Consequences for Non-Compliance If the Department has reason to believe that the District is not in substantial compliance with one or more of the statutory or regulatory requirements applicable to the District, the Department shall notify the District that it has ninety (90) days after the date of notice to come into compliance. If, at the end of the ninety-day period, the Department finds the District is not substantially in compliance with the applicable statutory or regulatory requirements, meaning that the District has not yet taken the necessary measures to ensure that it meets the applicable legal requirements as soon as practicable, the District may be subject to the interventions specified in sections 00-00-000 through 00-00-000, C.R.S. If the District has failed to comply with the provisions of article 44 of title 22 or article 45 of title 22, the District does not remedy the noncompliance within ninety (90) days and loss of accreditation is required to protect the interests of the students and parents of students enrolled in the District public schools, the Department may recommend to the State Board that the State Board remove the District’s accreditation. If the Department determines that the District has substantially failed to meet requirements specified in this accreditation contract and that immediate action is required to protect the interests of the students and parents of students enrolled in the District’s public schools, the Department may lower the District’s accreditation category.

  • Compliance with Xxxxxxxx Act requirements The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.

  • Compliance with TIA Every amendment, waiver or supplement of this Indenture or the Securities shall comply with the TIA as then in effect.

  • Non-compliance with the Clauses and termination The data importer shall promptly inform the data exporter if it is unable to comply with these Clauses, for whatever reason.

  • Compliance with Terms Such Grantor will perform and comply with all obligations in respect of the Collateral owned by it and all agreements to which it is a party or by which it is bound relating to such Collateral.

  • Notice of Non-Compliance If for any reason the Contractor does not comply, or anticipates that it will be unable to comply, with a provision in this Schedule in any respect, the Contractor must promptly notify the Province of the particulars of the non-compliance or anticipated non-compliance and what steps it proposes to take to address, or prevent recurrence of, the non-compliance or anticipated non-compliance.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!