Failure of Performance Sample Clauses
Failure of Performance. (Art. 44)
Failure of Performance. Following approval for online access, the Subscriber and Authorized Users will be permitted to attempt online access to the Licensed Materials at any time. ASCE, however, will not be liable for any delay, downtime, transmission error, software or equipment incompatibilities, force majeure, or other failure of performance. ASCE will use commercially reasonable efforts to correct any material performance problem brought to its attention and may suspend performance pending such corrections.
Failure of Performance. Upon breach of Contract or failure of the Provider to provide Funeral Merchandise and Services under this Contract, the Purchaser shall be entitled to a refund of one hundred percent (100%) of all monies collected on the Contract. The refund shall be made within thirty (30) days after the Provider receives the Purchaser’s written request for refund.
Failure of Performance. If the Subcontractor, at any time, fails in the performance of the terms, stipulations and agreements of the General Contract, Accepted Proposal or this Subcontractor's Agreement or fails to use due diligence in the work awarded them, so as to interfere with or in any way impede Allied Operations of Border Construction Services, and other Subcontractors, this will be a failure of performance. Failure of performance will rest solely in the judgment of Border Construction Services, which will provide notice to anyone representing the Subcontractor at the job site or Subcontractor's place of business. Such notice will state the nature of the violation of the Agreement or contracts. If the failure is continuing for two (2) days after notice to the Subcontractor, Border Construction Services, may precede thereupon to complete the work under the terms of the General Contract, Accepted Proposal or Subcontractor Agreement at the cost and expense of Subcontractor. Border Construction Services, may re-sublet the work, and any monies due the Subcontractor on that project will be held until the Subcontractor's portion of the project has been completed by Ask for Xxxx, Inc., or a new Subcontractor. These monies will be paid to Border Construction Services, or the new Subcontractor for the work done. Subcontractor further agrees that if Subcontractor should delay the material progress of the work so as to create any damage or cost overage for which Border Construction Services, shall become liable, then the Subcontractor shall indemnify Border Construction Services, for the amount of any damages so caused. In entering into and complying with Agreement, Subcontractor is at all times performing as an independent contractor. Nothing in this Agreement shall constitute or be construed as a creation of a partnership or joint venture between Subcontractor and Border Construction Services, or their successors or assigns. Border Construction Services, shall pay the Subcontractor for performance of the work described within the General Contract, Accepted Proposal or Subcontractor's Agreement, subject to additions and deductions agreed upon in writing by the Subcontractor and Border Construction Services. Subcontractor will be paid weekly. Payments will consist of ninety (90%) percent of all labor and materials which have been performed by the Subcontractor on the job site and for which payment has been made by Owner to Border Construction, shall retain the remaining ten (10%) per...
Failure of Performance. If BUYER fails to perform this Agreement within the time specified, (including payment of all Deposits hereunder), the Deposit(s) paid by BUYER may be retained by or for the account of SELLER as agreed upon liquidated damages, consideration for the execution of this Agreement and in full settlement of any claims whereupon BUYER and SELLER shall be relieved of all obligations under this Agreement; or SELLER, at SELLER’s option, may proceed in equity to enforce SELLER’s rights under this Agreement. If, for any reason other than failure of SELLER to make SELLER’s title marketable after diligent effort, SELLER fails, neglects or refuses to perform this Agreement, BUYER may seek specific performance or elect to receive the return of BUYER’s Deposit(s) without thereby waiving any action for damages resulting from SELLER’s breach.
Failure of Performance. Upon breach of Contract or failure of the Provider to provide Funeral Merchandise and Services under this Contract, the Purchaser shall be entitled to a refund of any monies or premiums paid toward life insurance and annuities used to fund the Contract to the extent the premiums or sum of money paid exceeds the proceeds due from the life insurance and annuity contracts. The refund shall be made within thirty (30) days after the Provider receives the Purchaser’s written request for refund.
Failure of Performance. Following online access approval, the Licensees and Authorized Users will be permitted to attempt access to the Licensed Material at any time. The Publisher will not be liable for any delay, downtime, transmission error, software or equipment incompatibilities, force majeure or other failure of performance, except as already provided for in this Agreement. The Publisher may have contracted with one or more outside agencies to provide the online service and The Publisher shall seek to ensure that all services are provided by outside agencies as negotiated. The Publisher will use commercially reasonable efforts to correct any material performance problem brought to its attention and may suspend performance pending such correction. The Publisher’s responsibility to the Subscriber, Licensees and Authorized Users does not extend beyond such endeavors.
Failure of Performance. If Buyer fails to perform this Contract within the time specified, including payment of all deposits, the deposit(s) paid by Buyer and deposit(s) agreed to be paid, may be recovered and retained by and for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under this Contract. If for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, Buyer may seek specific performance or elect to receive the return of Xxxxx's deposit(s) without thereby waiving any action for damages resulting from Xxxxxx's breach.
Failure of Performance. Following online access approval, the Licensee and Authorized Users will be permitted to attempt online access to the Database at any time. ALA, however, will not be liable for any delay, down time, transmission error, software or equipment incompatibilities, force majeure, or other failure of performance.
Failure of Performance. Following online access approval, the Licensee and Authorized Users will be permitted to attempt access to the Licensed Material at any time. OSA will not be liable for any delay, downtime, transmission error, software or equipment incompatibilities, force majeure or other failure of performance. OSA may have contracted with one or more outside agencies to provide the online service and OSA shall seek to ensure that all services are provided by outside agencies as negotiated. OSA will use commercially reasonable efforts to correct any material performance problem brought to its attention and may suspend performance pending such correction. OSA’s responsibility to the Licensee and Authorized Users does not extend beyond such endeavors.