Failure Notice Sample Clauses

Failure Notice. If, within fourteen (14) days after the later of (i) receipt by WinStar from Xxxxxxxx of the test results referred to in Section 7.2 or of the results of re-testing as set forth below and (ii) WinStar conclusion of its own testing as provided in Section 7.3, WinStar reasonably determines that Xxxxxxxx' or WinStar's test results show that the System Segment Portion of the WinStar Fibers do not meet the Acceptance Standards, WinStar shall, within such fourteen (14) day period, notify Xxxxxxxx of such determination and shall identify in writing the specific data that indicate such failure to meet the Acceptance Standards. Notwithstanding the foregoing, if the fourteen (14) day period ends prior to January 25, 1999 for any System Segment Portion, WinStar will have until January 25, 1999 to give Xxxxxxxx notice of failures of the System Segment Portion to meet the Acceptance Standard.
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Failure Notice. “Failure Notice” shall have the meaning set forth in Section 11.1(c) of this Agreement. 1.48 FMV. “FMV” shall mean fair market value determined in accordance with the appraisal or arbitration procedure described in Exhibit B hereto. 1.49
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Failure Notice. “Failure Notice” shall have the meaning set forth in Section 11.1(c) of this Agreement. 1.48
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Failure Notice. Upon giving Failure Notice, BIS shall have no further obligation to contribute or lend funds or give any guarantees to the Joint Entities.
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Failure Notice. In the event that Borrower determines that it is unable to or otherwise does not comply with any of the Impact Covenants, and compliance cannot or will not be obtained within an applicable Reporting Period (a “Failure”), Borrower shall notify Lender in writing (the “Failure Notice”) within one (1) week of the Failure or its determination that a Failure will occur. The Failure Notice shall set forth: (i) the Impact Covenant(s), identified by Section reference herein, that Xxxxxxxx has failed to comply with, (ii) an explanation of the cause of the Failure, (iii) the steps taken by Borrower to comply with the Impact Covenant(s) and remedy the Failure, and (iv) a statement that Borrower has used best efforts to comply with the Impact Covenant(s).
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Failure Notice. 12 5.05 Correction...................................................................12 5.06 Testing by Third Party.......................................................13 5.07 Acceptance Testing and Acceptance Date.......................................13 5.08 Spans........................................................................13 5.09 Coordination With Other Agreements...........................................14 ARTICLE 6 TERM .............................................................................14
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Failure Notice. If, within fourteen (14) days after the later of (i) receipt by 360americas from Impsat of the test results referred to in Section 5.02 or of the results of re-testing as set forth below and (ii) 360americas' conclusion of its own testing as provided in Section 5.03, 360americas reasonably determines that (i) Impsat's or 360americas' test results show that the IRU Fibers with respect to a particular Segment do not meet the Fiber Specifications set forth in Exhibit F(2) in all respects and the Fiber Specifications set forth in F(1) in all material respects, or (ii) the Segment does not comply with the Construction Specifications in all material respects, 360americas shall, within such fourteen (14) day period, notify Impsat of such determination and shall identify in writing the specific data that indicate such failure to meet the Fiber Specifications or the specific item that does not comply with the Construction Specifications and the manner in which it does not comply.
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Failure Notice. In the event BRAHMS receives a timely Failure Notice, then, except as provided below, the subject Licensed Products shall be deemed properly rejected by Company. BRAHMS shall have the opportunity to test the delivered Licensed Products that are the subject of such Failure Notice in order to confirm conformance or non-conformance to the QC Criteria. Should BRAHMS’ test results confirm non-conformance of the Licensed Products, BRAHMS shall use its best efforts to replace the non-conforming Licensed Products as soon as reasonably possible and in no event later than [ * ] from the date of such Failure Notice, and such replaced Licensed Product shall then again be subject to the testing and acceptance procedure set forth in Section 5.4.
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Related to Failure Notice

  • Notice of Delay 12.1. When anything delays or threatens to delay the timely performance of the Purchase Order, Supplier must immediately provide written notice to Buyer in writing of all relevant information, including but not limited to the reasons for the potential delay and Supplier’s short-term and long-term mitigation actions.

  • CAFA Notice Pursuant to 28 U.S.C. § 1715, not later than ten (10) days after the Agreement is filed with the Court, the Settlement Administrator shall cause to be served upon the Attorneys General of each U.S. State in which Settlement Class members reside, the Attorney General of the United States, and other required government officials, notice of the proposed settlement as required by law, subject to Paragraph 5.1 below.

  • NOTICE OF DELAYS Except as otherwise provided under this Contract, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Contract, that party shall, within one (1) business day, give notice thereof, including all relevant information with respect thereto, to the other party.

  • Notice of Completion The Interconnection Customer shall notify the Transmission Provider and the Interconnected Transmission Owner in writing when it has completed construction of (i) the Customer Facility;

  • Termination Notice If either Party, having become entitled to do so, decides to terminate this Agreement pursuant to the preceding Clause 8.2 (a) (i) or 8.2 (a) (ii), it shall issue Termination Notice setting out: (i) in sufficient detail the underlying Force Majeure Event; (ii) the Termination Date which shall be a date occurring not earlier than 60 (sixty) days from the date of Termination Notice; (iii) the estimated Termination Payment including the details of computation thereof and; (iv) any other relevant information.

  • Delivery Notice Notice of the Aircraft's Delivery Date, given by the Lessee as provided in Section 3.01 of the Participation Agreement and including any notice with respect to a postponed Delivery Date given by the Lessee pursuant to Section 3.05(c) of the Participation Agreement.

  • Written Notice Any notice, demand, direction or instruction to be given to the Depositor, Evaluator or Supervisor hereunder shall be in writing and shall be duly given if mailed or delivered to the Depositor, 2455 Corporate West Drive, Lisle, Illinois 60532, or at such other adxxxxx xx xxxxx xx xxxxxxxxx xx xxx Xxxxxxxxx xx the other parties hereto in writing. (21) The second paragraph of Section 6.02 is replaced in its entirety as follows: An audit of the accounts of each Trust shall not be conducted unless the Depositor determines that such an audit is required. In the event that the Depositor determines that an audit is required, the accounts of each Trust shall be audited not less than annually by independent public accountants designated from time to time by the Depositor and reports of such accountants shall be furnished by the Trustee, upon request, to Unitholders. The Trustee, however, in connection with any such audits shall not be obligated to use Trust assets to pay for such audits in excess of the amounts, if any, indicated in the Prospectus relating to such Trust. The Trustee shall maintain and provide, upon the request of a Unitholder or the Depositor, the Unitholders' or the Unitholder's designated representative with the cost basis of the Securities represented by the Unitholder's Units. (22) The first paragraph of Section 6.04 is replaced in its entirety as follows:

  • Notice Period Where this Agreement specifies a minimum period of notice to be given to the Facility Agent, the Facility Agent may, at its discretion, accept a shorter notice period.

  • Giving Notice Except as otherwise permitted by Section 2.14 with respect to borrowing notices, all notices and other communications provided to any party hereto under the Agreement or any other Loan Document shall be in writing and addressed or delivered to such party at its address set forth below its signature hereto or at such other address (or to counsel for such party) as may be designated by such party in a notice to the other parties. Any notice, if mailed and properly addressed with postage prepaid, shall be deemed given when received; any notice, if transmitted by facsimile, shall be deemed given when transmitted.

  • Notice Any notice required or permitted to be given by either party to the other shall be deemed sufficient if sent by registered or certified mail, postage prepaid, addressed by the party giving notice to the other party at the last address furnished by the other party to the party giving notice: if to the Issuer, at 00 Xxxxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx, and if to Distributors, at 00 Xxxxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx.

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