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.
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
Failure Notice. “Failure Notice” shall have the meaning set forth in Section 11.1(c) of this Agreement. 1.48
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).
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
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.
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.
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. [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
