FAILURE IN PERFORMANCE Sample Clauses

FAILURE IN PERFORMANCE. The covenant to pay rent and the covenant to provide any service, utility, maintenance, or repair required under this Lease are interdependent. If the Lessor fails to provide any service, utility, maintenance, repair or replacement required under this Lease, the Company may, by contract or otherwise, perform the requirement and deduct from any payment or payments under this Lease, then or thereafter due, the resulting cost to the Company, including all administrative costs. If the Company elects to perform any such requirement, the Company and each of its contractors shall be entitled to access to any and all areas of the building, access to which is necessary to perform any such requirement, and the Lessor shall afford and facilitate such access. Alternatively, the Company may deduct from any payment or payments under this Lease, then or thereafter due, an amount which reflects the value of the requirement not performed. No deduction from rent pursuant to this clause shall constitute a default by the Company under this Lease. These remedies are not exclusive and are in addition to any other remedies which may be available under this Lease or at law.
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FAILURE IN PERFORMANCE. No liability shall result to either party from delay in performance or non-performance in whole or in part caused by circumstances reasonably beyond the control of the party affected, including but not limited to acts of God, terrorist activity, transportation failure, breakdowns, equipment failure, criminal enterprise, sabotage, diminishment, or failure of power, telecommunications, data systems or networks, shortage or inability to obtain Product or raw material for Product, or good-faith compliance with any governmental order or request (whether valid or invalid). Notwithstanding any other notice requirement in this Agreement, actual notice (e.g., phone, email, letter) to a counterparty of a delay or failure described in this provision will constitute effective notice for purposes of this provision. Regardless, however, of the occurrence or nonoccurrence of any such circumstances, if for any reason supplies of or distribution logistics for Product, or feedstock for making Product, from any of Seller's existing sources are curtailed or are inadequate to meet Seller's own requirements and/or its obligations to its customers, Seller's obligation to deliver Product during such period shall be reduced to the extent necessary, in Seller's sole judgment, to apportion fairly among Seller's own requirements and its customers (whether under contract or not) such Product as received and as may be available in the ordinary and usual course of Seller's business from any existing sources of supply at the location(s) from which deliveries like those covered hereby are normally shipped. Seller shall not be obligated to purchase or obtain Product, or feedstock to make Product, to replace deliveries omitted or curtailed under this paragraph.
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FAILURE IN PERFORMANCE. The covenant to pay rent and the covenant to provide any service, supply, utility, maintenance, or repair required under this Lease are interdependent. In the event of any failure by Lessor to provide any service, supply, utility, maintenance, repair or replacements required under this Lease which in any manner affects County’s use, enjoyment, and occupancy of the Premises, County shall provide Lessor with a written notice specifying the nature of failure. The notice shall specify a reasonable time frame for Lessor to remedy said failure. However, if the failure persists past the time allowed within the written notice, or if Lessor refuses, fails or neglects to comply with such notice, or in the event of an emergency constituting a hazard to the health or safety hazard, the County may by contract or otherwise, perform the required work or service at its own cost and in addition to any other remedy the County may have, deduct from any payment or payments under this Lease, then or thereafter due, the resulting cost to the County, including all administrative costs. If the County elects to perform any such requirement, the County and each of its contractors shall be entitled to access to any and all areas of the Building, access to which is necessary to perform any such requirement, and the Lessor shall afford and facilitate such access. Alternatively, the County may deduct from any payments under this Lease, then or thereafter due, an amount that reflects the reduced value of the contract requirement not performed. No deduction from Rent pursuant to this clause shall constitute a default by the County under this Lease. In each such event of failure as specified in County’s written notice to Lessor, if County elects to proceed with the remedies of a deduction from Rent or any other payments due under this Lease, as provided in this Paragraph 11, such single failure shall not constitute a default by Lessor under Paragraph 21.A. but repeated failures by Lessor may constitute a default under Paragraph 21.A. even if County has proceeded to perform the required work or service or made the deductions permitted by this Paragraph 11. These remedies are not exclusive and are in addition to any other remedies, which may be available under this Lease or at law.
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FAILURE IN PERFORMANCE. In the event of any failure by the Lessor to provide any service, utility, maintenance, repair or replacement required under this Lease, the Government may, by contract or otherwise, perform the requirement and seek reimbursement from the Lessor for the resulting costs to the Government, including all administrative costs; provided however, before undertaking to perform any obligation of Lessor, Government shall provide Lessor not less than thirty
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FAILURE IN PERFORMANCE. No liability shall result to either party from delay in performance or non-performance) in whole or in part caused by circumstances reasonably beyond the control of the party affected, including but not limited to, acts of God, terrorist activity, transportation failure, breakdowns, equipment failure, shortage or inability to obtain Product or raw material for Product, or good-faith compliance with any governmental order or request (whether valid or invalid). Regardless, however, of the occurrence or nonoccurrence of any such circumstances, if, supplies of Product, or feedstock for making Product, from any of Seller’s/ExxonMobil Selling Affiliates’ existing sources are curtailed or are inadequate to meet Seller’s/ExxonMobil Selling Affiliates’ own requirements and/or its obligations to its customers, Seller’s/ExxonMobil Selling Affiliates’ obligation to deliver Product during such period shall be reduced to the extent necessary, in Seller’s/ExxonMobil Selling Affiliates’ reasonable judgment, to apportion fairly among Seller’s/ExxonMobil Selling Affiliates’ own requirements and its customers such Product as received and as may be available in the ordinary and usual course of Seller’s/ExxonMobil Selling Affiliates’ business from any existing sources of supply at the location(s) from which deliveries like those covered hereby are normally shipped. Seller/ExxonMobil Selling Affiliates shall not be obligated to purchase or obtain Product, or feedstock to make Product, to replace deliveries omitted or curtailed under this paragraph.
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FAILURE IN PERFORMANCE. 6.1 Defects will be notified to the supplier within two weeks of being identified. TEMSA shall not be required to inspect the goods. 6.2 If the supplier fails to comply with PURCHASER’S demand to perform according to the CONTRACT or to remedy a defect (repair or replace) even if the period to remedy is short, or the supplier refuses to rectify the defect, TEMSA shall be entitled to rectify the defect himself, or have it rectified, at the supplier’s expense, or purchase the item elsewhere. TEMSA shall have the same right in urgent cases, especially to avert imminent danger or avoid major disturbance to production. For this purpose, the supplier must provide TEMSA with the necessary documents (plans, drawings etc.) and data. In this case, TEMSA shall be entitled to pass on to the third party commissioned to correct the defect with any information ,and all documents that are necessary to produce the delivery items free from defect as quickly as possible. Any confidentiality agreement to the contrary made before or after the inclusion of these General Terms and Conditions of Purchase shall not be in conflict with this provision. 6.3 If the supplier fulfils its obligation to remedy, the statutory period of warranty shall start again upon delivery of the rectified or replacement goods. 7 - Reservation of title and assignment of claims 7.1 TEMSA shall recognize only the simple reservation of title. Any extended or expanded retention of title is expressly excluded, even without the express objection of TEMSA. 7.2 If the supplier assigns claims to receivables arising from this CONTRACT, TEMSA shall charge a processing fee of C 75,--.
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FAILURE IN PERFORMANCE. Except for payment due hereunder, either Party shall be relieved from liability for failure to perform hereunder for the duration and to the extent such failure arises directly or indirectly from, or is caused by, war, riots, insurrections, fire, explosions, sabotage, strikes and other labor or industrial disturbances, acts of God or the elements, good faith compliance with governmental laws, regulations, or requests (whether valid or invalid), disruption or breakdown of production or transportation facilities, delays of carrier in receiving or delivering feedstock or Products, or by any other cause, whether similar or not, reasonably beyond the control of such Party. Any such failure to perform shall be remedied with all reasonable dispatch, but Seller shall not be required to purchase or otherwise obtain other supplies of such Product, crude petroleum, or other feedstock from which such Product is derived to make up inadequate supplies or to replace the supplies so curtailed or cut off. Seller shall not be obligated to make up deliveries omitted or curtailed under this Section and any such deficiencies in deliveries shall be canceled from the Contract with no liability to either Party therefore. Failure to perform due to events of force majeure shall not extend the terms of this Agreement. If any such delay in performance or inability to perform occurs, the party claiming force majeure will provide prompt written notice to the other party explaining the full particulars, the probable impact on the performance of their obligations hereunder, and the expected duration thereof and shall use commercially reasonable efforts to remedy the interruption or delay. Any suspension of performance due to force majeure shall be of no greater scope and no longer duration than is necessitated by the force majeure event. The party claiming force majeure will provide prompt written notice to the other Party of the cessation of the force majeure event.
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FAILURE IN PERFORMANCE. Notwithstanding anything to the contrary in Attachments A, G or H, no liability shall result to either party from delay in performance or non-performance of an obligation hereunder (including an obligation to make payment) in whole or in part caused by circumstances reasonably beyond the control of the party affected, including but not limited to, acts of God, terrorist activity, transportation failure, breakdowns, equipment failure, criminal enterprise, sabotage, diminishment, or failure of power, telecommunications, data systems or networks, shortage or inability to obtain Product or raw material for Product, or good-faith compliance with any governmental order or request (whether valid or invalid). Notwithstanding any other notice requirement in this Agreement, actual notice (e.g., phone, email, letter) to a counterparty of a delay or failure described in this provision will constitute effective notice for purposes of this provision. Regardless, however, of the occurrence or nonoccurrence of any such circumstances, if, supplies of Product or distribution logistics for, or feedstock for making Product, from any of Seller's/ExxonMobil Selling Affiliates’ existing sources are curtailed or are inadequate to meet Seller's/ExxonMobil Selling Affiliates' own requirements and/or its obligations to its customers, Seller’s/ExxonMobil Selling Affiliates' obligation to deliver Product during such period shall be reduced to the extent necessary, in Seller's/ExxonMobil Selling Affiliates’ reasonable judgment, to apportion fairly among Seller's/ExxonMobil Selling Affiliates’ own requirements and its customers such Product as received and as may be available in the ordinary and usual course of Seller's/ExxonMobil Selling Affiliates' business from any existing sources of supply at the location(s) from which deliveries like those covered hereby are normally shipped. Seller/ExxonMobil Selling Affiliates shall not be obligated to purchase or obtain Product, or feedstock to make Product, to replace deliveries omitted or curtailed under this paragraph.
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FAILURE IN PERFORMANCE. Rider No. 2 clarifying General Clause 15, is amended to provide that the period of time within which to cure the failure must be "reasonable", and that the provision for waiving notice in the event of an emergency is deleted. Additionally, the Government shall send a copy of the required notice to Lessor's Lender at the address to be provided by Lessor. The following shall be added at the end of the clause: "The maximum amount the Government may deduct from the rent during any year of the lease term pursuant to paragraph 15 of the General Clauses shall not exceed an amount equal to $8.50 per NUSF of space leased by the Government under this lease, with the understanding that such offset limitation amount shall increase each during the term of the lease by using the same methodology as used to calculate increases in the base rate for operating costs in accordance with Paragraph 20, Operating Costs." Subject to the foregoing limitation on the amount the Government may deduct during any particular year, the Government may carry forward (but not backward) any excess amounts not deducted in a particular calendar year because of the deduction limitation and take such deductions in subsequent calendar years. The foregoing shall not limit the Government's right to pursue other rights and remedies it may have in connection with such failure in performance.
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Related to FAILURE IN PERFORMANCE

  • Default in Performance (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) or Article IX.; or (ii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, and in the case of this subsection (b)(ii) only, such failure shall continue for a period of 30 days after the earlier of (x) the date upon which a Responsible Officer of the Borrower or such other Loan Party obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative Agent.

  • 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.

  • Prevention or Delay in Performance by the Depositary or the Company Neither the Depositary nor the Company nor any of their respective directors, employees, agents or affiliates shall incur any liability to any Owner or Holder (i) if by reason of any provision of any present or future law or regulation of the United States or any other country, or of any governmental or regulatory authority or stock exchange, or by reason of any provision, present or future, of the articles of association or similar document of the Company, or by reason of any provision of any securities issued or distributed by the Company, or any offering or distribution thereof, or by reason of any act of God or war or terrorism or other circumstances beyond its control, the Depositary or the Company shall be prevented, delayed or forbidden from, or be subject to any civil or criminal penalty on account of, doing or performing any act or thing which by the terms of this Deposit Agreement or the Deposited Securities it is provided shall be done or performed, (ii) by reason of any non-performance or delay, caused as aforesaid, in the performance of any act or thing which by the terms of this Deposit Agreement it is provided shall or may be done or performed, (iii) by reason of any exercise of, or failure to exercise, any discretion provided for in this Deposit Agreement, (iv) for the inability of any Owner or holder to benefit from any distribution, offering, right or other benefit which is made available to holders of Deposited Securities but is not, under the terms of this Deposit Agreement, made available to Owners or holders, or (v) for any special, consequential or punitive damages for any breach of the terms of this Deposit Agreement. Where, by the terms of a distribution pursuant to Section 4.01, 4.02 or 4.03, or an offering or distribution pursuant to Section 4.04, or for any other reason, such distribution or offering may not be made available to Owners, and the Depositary may not dispose of such distribution or offering on behalf of such Owners and make the net proceeds available to such Owners, then the Depositary shall not make such distribution or offering, and shall allow any rights, if applicable, to lapse.

  • 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: 6.1.1 any failure or delay by the Customer to perform any of the Customer’s obligations under this Agreement; 6.1.2 any act or omission other than on the part of a BT Affiliate or a subcontractor or supplier appointed by it unless that BT Affiliate, subcontractor or supplier has invoked their force majeure rights under their contract with BT; or 6.1.3 Applicable Law, a court order, an application for interlocutory relief or injunction restricting or preventing BT from supplying a Service.

  • Prevention or Delay in Performance by the Depositary or the Issuer Neither the Depositary nor the Issuer nor any of their respective directors, employees, agents or affiliates shall incur any liability to any Owner or holder of any Receipt, if by reason of any provision of any present or future law or regulation of the United States or any other country, or of any governmental or regulatory authority or stock exchange, or by reason of any provision, present or future, of the Articles of Association of the Issuer, or by reason of any provision of any securities issued or distributed by the Issuer, or any offering or distribution thereof, or by reason of any act of God or war or terrorism or other circumstances beyond its control, the Depositary or the Issuer shall be prevented, delayed or forbidden from, or be subject to any civil or criminal penalty on account of, doing or performing any act or thing which by the terms of this Deposit Agreement or the Deposited Securities it is provided shall be done or performed; nor shall the Depositary or the Issuer or any of their respective directors, employees, agents or affiliates incur any liability to any Owner or holder of any Receipt by reason of any non-performance or delay, caused as aforesaid, in the performance of any act or thing which by the terms of this Deposit Agreement it is provided shall or may be done or performed, or by reason of any exercise of, or failure to exercise, any discretion provided for in this Deposit Agreement. Where, by the terms of a distribution pursuant to Sections 4.1, 4.2, or 4.3 of the Deposit Agreement, or an offering or distribution pursuant to Section 4.4 of the Deposit Agreement, or for any other reason, such distribution or offering may not be made available to Owners, and the Depositary may not dispose of such distribution or offering on behalf of such Owners and make the net proceeds available to such Owners, then the Depositary shall not make such distribution or offering, and shall allow any rights, if applicable, to lapse.

  • TIMELY PERFORMANCE (a) SELLER's timely performance is a critical element of this Contract. (b) SELLER shall provide LOCKHEED XXXXXX status of performance of this Contract when requested. In addition, if SELLER becomes aware of an impending labor dispute involving SELLER or any lower tier subcontractor, or any other difficulty in performing the Work, SELLER shall timely notify LOCKHEED XXXXXX, in writing, giving pertinent details. These notifications shall not change any delivery schedule.

  • EVALUATING PERFORMANCE 7.1 The Performance Plan (Annexure A) to this Agreement sets out: 7.1.1 the standards and procedures for evaluating the Employee’s perfor- xxxxx; and 7.1.2 the intervals for the evaluation of the Employee’s performance. 7.2 Despite the establishment of agreed intervals for evaluation, the Employer may in addition review the Employee’s performance at any stage while the contract of employment remains in force. 7.3 Personal growth and development needs identified during any performance review discussion must be documented in a Personal Development Plan as well as the actions agreed to and implementation must take place within set time frames. 7.4 The Employee’s performance will measured in terms of contributions to the goals and strategies set out in the Employer’s IDP. 7.5 The annual performance appraisal will involve: 7.5.1. Assessment of the achievement of results as outlined in the perfor- xxxxx plan: (a) Each KPA should be assessed according to the extent to which the specified standards or performance indicators have been met and with due regard to ad hoc tasks that had to be performed under the KPA. (b) An indicative rating on the five-point scale should be provided for each KPA. (c) The applicable assessment rating calculator (refer to paragraph 7.5.3. below) must then be used to add the scores and calculate a final KPA score.

  • Default in Performance of Other Covenants and Conditions The Borrower or any other Credit Party shall default in the performance or observance of any term, covenant, condition or agreement contained in this Agreement (other than as specifically provided for otherwise in this Section) or any other Loan Document and such default shall continue for a period of thirty (30) days after written notice thereof has been given to the Borrower by the Administrative Agent.

  • 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.

  • Excuse for Nonperformance or Delayed Performance Except with respect to defaults of subcontractors, Contractor/Vendor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor has notified the Commission or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

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