Failure of Notice Sample Clauses

Failure of Notice. Any claim for which either party has not received a Claim Notice (as defined below) from the other on or before a date eighteen (18) months following the Closing.
Sample 1
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Failure of Notice. If any person or entity notifies Licensee in writing that Licensee has not complied with the Notice section of this License, Licensee can keep this License by taking all practical steps to comply within 30 days after the notice of noncompliance. If Licensee does not do so, Licensee’s License (and all rights licensed hereunder) will end immediately.
Sample 1
Failure of Notice. If Buyer shall fail to give notice of its election to the Sellers within the five (5) business day period, Buyer shall be deemed to have elected to proceed under Section 11.2(a) above and to accept the Property subject to the Title Defect or the Material Title Defect. The Closing Date shall be extended as necessary to permit the Sellers and Buyer to exercise its rights and perform its obligations within the time periods set forth in this Article XI. Notwithstanding anything contained herein to the contrary, the Sellers shall be obligated to cause to be removed of record, at or prior to Closing, all mortgages affecting the Sellers’ interest in the Properties that are not Assumed Debt. Buyer’s failure to give the above-referenced notice or its election to otherwise proceed to Closing on the Properties with any Title Defect or Material Title Defect disclosed in any of the Title Commitments remaining in place, shall constitute a waiver of such Title Defect or Material Title Defect, and shall preclude Buyer from initiating any claim against Sellers pursuant to Article XVIII with respect to such Title Defect or Material Title Defect.
Sample 1
Failure of Notice. A failure to give timely notice as provided in this Article X shall not affect the rights or obligations of any party hereunder except if, and only to the extent that, as a result of such failure, the party which was entitled to receive such notice was actually prejudiced as a result of such failure.
Sample 1
Failure of Notice. No failure of MGMA to give notice or seek a remedy for any violation of this Agreement or to insist on strict performance hereunder shall reduce, impair, or affect MGMA’s rights to later seek such remedy or insist on such performance with respect to the same or other violation or failure, regardless of MGMA’s knowledge or lack of knowledge thereof.
Sample 1
Failure of Notice. Failure to provide the notice in the manner or in the time required by this Section 11.03(b) shall not relieve a Party of its obligations under this Article XI unless such Party demonstrates by a preponderance of the evidence that it was substantially prejudiced by such failure.
Sample 1
Failure of Notice. Not a Waiver. Failure of Landlord to notify Tenant of his pro rata common area utility charges shall not relieve Tenant of his obligation to pay said charges.
Sample 1
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Failure of Notice 
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Related to Failure of Notice

  • Service of Notice Service of notice on the Contractor that there has been breach of any warranty or guaranty will be sufficient to invoke the terms of the instrument.

  • Posting of Notice ‌ Within 60 days after the Effective Date, Xxxxxx shall post in a prominent place accessible to all patients and Covered Persons a notice that provides the HHS OIG Fraud Hotline telephone number (0-000-XXX-XXXX) as a confidential means by which suspected fraud or abuse in the Federal health care programs may be reported.

  • Failure of Security Agent, for the benefit of Agent and Lenders, does not have or ceases to have a valid and perfected first priority security interest in the Collateral (subject to Permitted Encumbrances) or any substantial portion thereof, in each case, for any reason other than the failure of Agent to take any action within its control; or

  • Failure to Notify If Contractor fails to specify in writing any problem or circumstance that materially affects the costs of its delivery of services or products, including a material breach by the Department, about which Contractor knew or reasonably should have known with respect to the period during the term covered by Contractor's status report, Contractor shall not be entitled to rely upon such problem or circumstance as a purported justification for an increase in the price for the agreed upon scope.

  • Notice of Nonpayment The Trustee shall notify the Grantor and the Division by certified mail within 10 days following expiration of the 30-day period after the anniversary of the establishment of the Trust, if no payment is received from the Grantor during that period. After the pay-in period is completed, the Trustee shall not be required to send a notice of nonpayment.

  • Effect of Notice Any notice given by the indemnifying Party to an Indemnified Party referred to in Sections 12.1(c) or 12.2(d) above of participation in or control of any action by the indemnifying Party will in no event be deemed to be an admission by the indemnifying Party of liability, culpability or responsibility, and the indemnifying Party will remain free to contest liability with respect to the claim among the Parties or otherwise.

  • Failure to Elect If no election as to the Class of a Syndicated Borrowing is specified, then the requested Syndicated Borrowing shall be deemed to be under the Multicurrency Commitments. If no election as to the Currency of a Syndicated Borrowing is specified, then the requested Syndicated Borrowing shall be denominated in Dollars. If no election as to the Type of a Syndicated Borrowing is specified, then the requested Borrowing shall be a Eurocurrency Borrowing having an Interest Period of one month and, if an Agreed Foreign Currency has been specified, the requested Syndicated Borrowing shall be a Eurocurrency Borrowing denominated in such Agreed Foreign Currency and having an Interest Period of one month. If a Eurocurrency Borrowing is requested but no Interest Period is specified, (i) if the Currency specified for such Borrowing is Dollars (or if no Currency has been so specified), the requested Borrowing shall be a Eurocurrency Borrowing denominated in Dollars having an Interest Period of one month’s duration, and (ii) if the Currency specified for such Borrowing is an Agreed Foreign Currency, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

  • Delivery of Notice A notice to a party shall be deemed to have been delivered and received upon the earliest of the following to occur: (1) the actual receipt of the written notice by a party; (2) in the case of delivery by a Delivery Service, when the written notice is delivered to an address of a party set forth herein (or subsequently provided by the party following the notice provisions herein), provided that a record of the delivery is created; (3) in the case of delivery electronically, on the date and time the written notice is electronically sent to an e-mail address or facsimile number of a party herein (or subsequently provided by the party following the notice provisions herein). Notice to a party shall not be effective unless the written notice is sent to an address, facsimile number or e-mail address of the party set forth herein (or subsequently provided by the party following the notice provisions herein).

  • Waiver of Notice Borrower shall not be entitled to any notices of any nature whatsoever from Lender except with respect to matters for which this Agreement or the other Loan Documents specifically and expressly provide for the giving of notice by Lender to Borrower and except with respect to matters for which Borrower is not, pursuant to applicable Legal Requirements, permitted to waive the giving of notice. Borrower hereby expressly waives the right to receive any notice from Lender with respect to any matter for which this Agreement or the other Loan Documents do not specifically and expressly provide for the giving of notice by Lender to Borrower.

  • Payment in lieu of notice 13.1 Notwithstanding clause 2.1, the Company may, in its sole and absolute discretion, terminate the Appointment at any time and with immediate effect by notifying the Employee that the Company is exercising its right under this clause 13 and that it will make within 28 days a payment in lieu of notice (Payment in Lieu), or the first instalment of any Payment in Lieu, to the Employee. This Payment in Lieu will be equal to the basic salary (as at the date of termination) which the Employee would have been entitled to receive under this agreement during the notice period referred to in clause 2.1 (or, if notice has already been given, during the remainder of the notice period) less income tax and National Insurance contributions. For the avoidance of doubt, the Payment in Lieu shall not include any element in relation to: a) any bonus or commission payments that might otherwise have been due during the period for which the Payment in Lieu is made; b) any payment in respect of benefits which the Employee would have been entitled to receive during the period for which the Payment in Lieu is made; and c) any payment in respect of any holiday entitlement that would have accrued during the period for which the Payment in Lieu is made. 13.2 The Company may pay any sums due under clause 13.1 in equal monthly instalments until the date on which the notice period referred to in clause 2.1 would have expired if notice had been given. The Employee shall be obliged to seek alternative income during this period and to notify the Company of any income so received. The instalment payments shall then be reduced by the amount of such income. 13.3 The Employee shall have no right to receive a Payment in Lieu unless the Company has exercised its discretion in clause 13.1. Nothing in this clause 13 shall prevent the Company from terminating the Appointment for breach. 13.4 Notwithstanding clause 13.1 the Employee shall not be entitled to any Payment in Lieu if the Company would otherwise have been entitled to terminate the Appointment without notice in accordance with clause 14. In that case the Company shall also be entitled to recover from the Employee any Payment in Lieu (or instalments thereof) already made.

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