Effect of Failure. Failure to give any certificate or notice, or any defect in any certificate or notice required under this Section 3 shall not affect the legality or validity of the adjustment of the Exercise Price or the number of Shares purchasable upon exercise of this Warrant.
Effect of Failure. If Buyer notifies Seller of a failure to satisfy the conditions precedent set forth in this Paragraph 9, Seller may, within five (5) days after receipt of Buyer’s notice, agree to satisfy the condition by written notice to Buyer, and Buyer shall thereupon be obligated to close the transaction provided (a) Seller so satisfies such condition and (b) no such right to cure shall extend the Close of Escrow. If Seller fails to agree to cure or fails to cure such condition by the Close of Escrow, this Agreement shall be automatically terminated, the Deposit shall be returned to Buyer without any further action required from either party and neither party shall have any continuing obligations hereunder; provided, however, if such failure constitutes a breach or default of its covenants, representations or warranties Seller shall remain liable for such breach or default as otherwise set forth in this Agreement.
Effect of Failure. In the event the Executive fails to satisfy the Release Condition, the Executive shall not be entitled to any of the payments or benefits described in Section 5. Other than the Accrued Rights, in the event that, prior to the end of a 52-week period following the Executive’s termination of employment, the Executive materially breaches any of his obligations under Section 6 or Section 7 hereof, the Employers’ obligations to provide the payments and benefits under Section 5(b) hereof, as applicable, shall thereupon cease and the Employers shall be entitled to recover from the Executive the after-tax proceeds of the amounts theretofore paid to the Executive pursuant to such Section 5(b).
Effect of Failure. If Buyer notifies Seller of a failure to satisfy the conditions precedent set forth in this Article 9, Seller may, within five (5) days after receipt of Buyer’s notice, agree to satisfy the condition by written notice to Buyer, and Buyer shall thereupon be obligated to close the transaction provided (a) Seller so satisfies such condition and (b) no such right to cure shall extend the Closing. If Seller fails to agree to cure or fails to cure such condition by the Closing Date, this Agreement shall be automatically terminated, the Deposit shall be returned to Buyer without any further action required from either Party.
Effect of Failure. Failure to file any certificate or notice or to mail any notice, or any defect in any certificate or notice pursuant to this Section 4.4 shall not affect the legality or validity of the adjustment of the Exercise Price or the number of shares purchasable upon exercise of this warrant, or any transaction giving rise thereto.
Effect of Failure. In the event that GI determines that COMPANY or any of its SUBLICENSEES has failed to fulfill any of its obligations under this Section 4, then GI may treat such failure as a material breach in accordance with Section 11.7.
Effect of Failure. In the event Executive fails to deliver or revokes the release referred to in Section 5(a) above, Executive shall not be entitled to any of the payments described in Section 2(a) or 3(c) above. In the event that, prior to the end of the Severance Period, Executive breaches any of his obligations under this Agreement, including this Section 5, the Company’s obligations to provide the payments under Sections 2(a) and 3(c) shall thereupon cease and the Company shall be entitled to recover from Executive any and all amounts theretofore paid to Executive pursuant to Section 2(a) or 3(c).
Effect of Failure. In the event that [**] determines that COMPANY or any of its SUBLICENSEES has failed to fulfill any of its obligations under this Section 4, then [**] may treat such failure as a material breach in accordance with Section 11.7. ARTICLE 5 - SHARES, Royalties and Payment Terms
Effect of Failure. In the event that COMPANY or any of its Affiliates and Sublicensees have failed to fulfill any of their obligations under sections 4.1, 4.2, 4.3, 4.4, and 4.5 of this Article 4, then MI may treat such failure as a material breach of COMPANY in accordance with Section 9.6. However, with respect to any failure to fulfill the obligations under section 4.1, MI may treat such failure as a material breach only if MI can reasonably demonstrate that the commercially reasonable efforts used by COMPANY are significantly below the average commercially reasonable efforts used by the Other Diagnostic Licensees to develop and commercialize similar Licensed Products and similar Licensed Services in the Field,
Effect of Failure. In the event that an Affiliate (the "Failing ----------------- Affiliate") fails to perform its obligations under the terms of a Multi- Territory Contract and does not cure such failure within 30 days after notice of such failure by the Committee (or, if such cure cannot be accomplished within 30 days, if the Failing Affiliate does not promptly commence such cure and diligently pursue it toward completion during such 30-day period and then accomplish such cure as soon as reasonably possible thereafter), an Affiliate operating from a MUZAK(R) territory that is adjacent to the Failing Affiliate's MUZAK(R) territory, as selected by the Committee, shall thereafter be authorized to perform the obligations and exercise the rights (including rights to receive payments) of the Failing Affiliate under such Contract until the termination thereof. Notwithstanding the foregoing, if at any time a Failing Affiliate fails to provide the Services to a Subscriber Premises in accordance with a Multi- Territory Contract and does not cure such failure within 72 hours after receipt of actual or written notice from the Committee, an Affiliate operating from a MUZAK(R) territory that is adjacent to the Failing Affiliate's MUZAK(R) territory, as selected by the Committee, shall have the right immediately to provide the Services to such Subscriber Premises, and the Failing Affiliate shall reimburse such Affiliate for the costs associated therewith.
