Deficiency Notices. Without implying any limitation on any other provisions of this Agreement or any of the other Loan Documents, the Borrower will furnish or cause to be furnished to the Lender reasonably promptly after receipt thereof copies of all (A) Deficiency Notices, (B) Agency inspection reports, audits, surveys, investigations, reviews or evaluations, (C) relevant notices and written communications from any state or any Agency relating to material adjustments in reimbursement amounts or to rate reviews, modifications of rates, inflation adjustments, rate agreements or the like, and (D) responses by, or on behalf of, the Property Related Persons with respect to any of the foregoing. The Borrower shall or shall cause the Property Related Persons to promptly commence and diligently pursue the correction of the subject of each Deficiency Notice, and shall correct the subject of the Deficiency Notice promptly, but in any event prior to the expiration of any period allowed by the Agency for correction. The Borrower shall, at the Lender's request, promptly provide from time to time such cost estimates, reports and other information as the Lender may require to demonstrate to the Lender's satisfaction that the Property Related Persons have the financial and other ability to effect the correction and are taking the actions required by this Section.
Deficiency Notices. Without implying any limitation on any other provisions of this Agreement or any of the other Loan Documents, furnish or cause to be furnished to the Administrative Agent immediately after receipt thereof copies of all (i) material Deficiency Notices, (ii) material Agency inspection reports, audits, surveys, investigations, reviews or evaluations, (iii) notices and written communications from any state or any Agency relating to material adjustments in reimbursement amounts or to rate reviews, modifications of rates, inflation adjustments, rate agreements or the like, and (iv) responses by, or on behalf of, the Borrower and its Subsidiaries with respect to any of the foregoing. The Borrower shall or shall cause the relevant Subsidiaries to commence promptly and diligently pursue the correction of the subject of each such material Deficiency Notice, and shall correct the subject of such Deficiency Notice promptly, but in any event on or prior to the date of expiration of any period allowed by the Agency for correction. The Borrower shall, at the Administrative Agent's reasonable request, promptly provide from time to time such cost estimates, reports and other information regarding any such correction by the Borrower and its Subsidiaries.
Deficiency Notices. Without implying any limitation on any other provisions of this Agreement or any of the other Loan Documents, the Borrower wi11 furnish to the Lender immediately after receipt thereof copies of all material (A) Deficiency Notices, (B) agency inspection reports, audits, surveys, investigations, reviews or evaluations, (C) notices and written communications from any State or any Agency relating to material advertisement in reimbursement amounts or to rate reviews, modifications of rates, inflation adjustments, rate agreements or the like, and (D) responses by, or on behalf of, the Borrower with respect to any of the foregoing. The Borrower shall promptly commence and diligently pursue the correction or the subject of each Deficiency Notice, and shall correct the subject of the Deficiency Notice promptly, but in any event prior to the expiration of any period allowed by the Agency for correction. The Borrower shall, at the Lender's request, promptly provide from time to time such cost estimates, reports and other information as the Lender reasonably may require to demonstrate to the Lender's satisfaction that the Borrower has the financial and other ability to effect the correction and is taking the actions required by this Section.
Deficiency Notices. 40 6.25. Census Report and Surveys......................................................................... 40 6.26. Renewal of Agreements............................................................................. 41
Deficiency Notices. ORTHOBIO shall have the right to terminate MENTOR's marketing and distribution rights under this Agreement if MENTOR fails to purchase a sufficient quantity of Anchors to fulfill its Agreed Purchase Commitment for any Computation Period. In determining whether MENTOR has satisfied its Agreed Purchase Commitment for a Computation Period, (a) purchases in a single Computation Period that exceed the Agreed Purchase Commitment for that Computation Period shall be credited against the Agreed Purchase Commitment for the following Computation Period, and (b) MENTOR shall be deemed to have satisfied its Agreed Purchase Commitment for any Computation Period if the cumulative purchases by MENTOR from and after the Quota Commencement Date through the end of such Computation Period equal or exceed the cumulative Agreed Purchase Commitment from such Date through the end of such Computation Period.
4.3.1 Prior to terminating MENTOR's rights under this Agreement, and as a condition precedent thereto, ORTHOBIO shall give MENTOR a Deficiency Notice setting forth the information called for by Section 1.13, above. Any such notice, to be effective, must be given by ORTHOBIO to MENTOR within ninety (90) days following the expiration of the Computation Period for which the deficiency is alleged to exist.
4.3.2 MENTOR shall have a period of sixty (60) days following its receipt of a Deficiency Notice within which to purchase a sufficient number of Anchors to fulfill its Agreed Purchase Commitment for such Computation Period. Any such purchases made pursuant to this Section 4.3.2 shall be credited only against the Agreed Purchase Commitment for the Computation Period covered by the Deficiency Notice, and shall not be credited against the Agreed Purchase Commitment for the Computation Period in which actually made.
Deficiency Notices. 31
10.3 Repair of Improvements; Option to Terminate for Uninsured Casualty 31
10.4 No Option to Terminate for Insured Casualty 32
10.5 No Lessor Obligation to Make Repairs 32
10.6 Notice of Damage 32 10.7 Waiver of Civil Code Sections 32 11. ASSIGNMENT AND SUBLEASE. 32 11.1 Subleases 32 11.2 Change of Ownership and Control 32
Deficiency Notices. If Lessor provides written notice to Lessee of a deficiency or other breach in the performance by Lessee of the maintenance and repair obligations of Lessee under this Article 10, then Lessee shall promptly commence the cure thereof and shall complete such cure within thirty (30) days of Lessee’s receipt of Lessor’s notice of the subject deficiency or breach; provided, however, that if more than thirty (30) days is reasonably required in order for Lessee to effectuate such cure, then Lessee shall be in compliance hereof if it commences to cure such deficiency or breach within said thirty (30) day period and thereafter diligently pursues such cure to completion.
Deficiency Notices. 61 6.10 Environmental Laws....................................................61 6.11 Additional Collateral, etc............................................61 6.12
Deficiency Notices. (a) Each Borrower may, from time to time during the Deficiency Support Availability Period, issue a Deficiency Notice, to the Sponsor (with a copy to the Administrative Agent) if any of the Borrowers determines that a Project Completion Deficiency exists or is likely to exist within twenty (20) Business Days immediately following the date of such Deficiency Notice which Deficiency Notice shall describe in reasonable detail the extent and nature of such Project Completion Deficiency; provided, that any such Deficiency Notice shall be subject to the reasonable approval of the Independent Engineer for any request (or series of requests related to the same Project Completion Deficiency) in an amount greater than one million Dollars ($1,000,000) or if, after taking into account the Sponsor Deficiency Payment requested pursuant to such Deficiency Notice, the aggregate amount of all Sponsor Deficiency Payments not previously approved by the Independent Engineer would exceed five million Dollars ($5,000,000).
(b) The Administrative Agent may, from time to time during the Deficiency Support Availability Period, issue a Deficiency Notice to the Sponsor if the Administrative Agent determines (after consultation with the Independent Engineer and the Sponsor) that a Project Completion Deficiency exists or is reasonably expected to exist within fifteen (15) Business Days immediately following the date of such Deficiency Notice.
(c) In the event of any conflict between any Deficiency Notice delivered by a Borrower under Section 2.03(a) and any Deficiency Notice delivered by the Administrative Agent under Section 2.03(b), the Deficiency Notice (and the terms thereof) delivered by the Administrative Agent shall prevail.
Deficiency Notices. If the Allocation Neutral considers any Claim Form, including some or all of the Qualifying Medical Records submitted therewith, to be deficient in any respect, the Allocation Neutral shall provide a Deficiency Notice to the Primary Plaintiff’s counsel, with copies to the WTC Captive and Defendant Insureds’ Counsel, regardless of whether the deficiency pertains to the Primary Plaintiff and/or any corresponding Derivative Plaintiff. Following receipt of a Deficiency Notice, the Plaintiff’s counsel shall have fifteen (15) days to respond to the Allocation Neutral. This response shall be limited to a revised Claim Form, if appropriate in the Plaintiff’s counsel’s judgment, additional Qualifying Medical Records, if available, and/or additional records pertaining to the Work Verification Procedure. A Plaintiff who fails to timely respond to a Deficiency Notice and/or who timely responds but who, in the Allocation Neutral’s judgment, fails to address some or all of the deficiencies identified in the Deficiency Notice shall not be entitled to any payment under this Agreement to which the deficiency relates, in whole or in part, other than his or her respective Initial Payment if that Initial Payment was issued prior to issuance of the Deficiency Notice.
