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
AutoNDA by SimpleDocs
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. 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. 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. 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. 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. 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. 5.7
Sample 1
AutoNDA by SimpleDocs
Failure of Notice 
Sample 1Sample 2Sample 3See All (8)

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 this article;

  • Failure of Condition If the conditions set forth in Section 12(a) (Conditions to Obligations of Seller) or the conditions set forth in Section 12(b) (Conditions to Obligations of Purchaser) are not satisfied or waived on or before the Closing Date by the party entitled to waive such condition, either party may, provided that such party is not then in material default under this Agreement, extend the Closing Date for a period not to exceed fifteen (15) days to allow such conditions set forth in Sections 12(a) (Conditions to Obligations of Seller) and 12(b) (Conditions to Obligations of Purchaser) to be satisfied, it being agreed that the inability of either party to satisfy a condition to Closing prior to the initial Closing Date shall not be considered a default by the party failing to satisfy such condition unless such inability results from the breach of such party’s express obligations hereunder, provided, however, that in no event shall Purchaser have the right to extend the Closing Date if Purchaser fails to satisfy the condition in Section 12(a)(ii) that Purchaser pay the Purchase Price on the scheduled Closing Date. If the conditions set forth in Section 12(a) (Conditions to Obligations of Seller) are not satisfied by the expiration of such 15-day period or if neither party elects such an extension, either party may terminate this Agreement by written notice to the other, and Seller shall, subject to Section 24(a) and Section 24(b), be entitled to the Deposit and/or to pursue its remedies set forth in Section 24(a) (Purchaser Defaults) hereof. If the conditions set forth in Section 12(b) (Conditions to Obligations of Purchaser) are not satisfied by the expiration of such 15-day period or if either party does not elect such extension, either party may terminate this Agreement by written notice to the other, and Purchaser shall, subject to Section 24(a), be entitled to receive a return of the Deposit.

  • 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.

  • 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.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!