Failure of Test Sample Clauses

Failure of Test. If a Generator fails any test, it shall be disabled and the Isolation Device must be opened until the equipment is repaired.
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Failure of Test. If a Distributed Resource fails any test, it shall be disabled and the Isolation Device must be opened until the equipment is repaired.
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Failure of Test. If Customer’s System fails any test, it shall be disabled and the Isolation Device must be opened until the equipment is repaired and successfully passes the required testing.
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Failure of Test. Subject to paragraph (d), if the results of a Test indicate that the SRAS is Unavailable, the SRAS will have failed that Test and is taken to have been Unavailable for the period determined under clause 5.2(c). If the results of a Test clearly indicate a material failure to provide the Contracted Electricity Export Capability substantially within the time specified in the Contracted Levels of Performance, the SRAS will have failed that Test and the SRAS Provider must immediately give a notice to AEMO under clause 5.2(a). At any time after a Test and up to 10 business days after receiving a test report under clause 6.3, AEMO may notify the SRAS Provider, in AEMO’s reasonable opinion: whether the Test demonstrates that the SRAS was Available or Unavailable; and if Unavailable, whether any identified non-compliance with the Contracted Levels of Performance or Minimum Technical Requirements would have materially affected the ability to provide the SRAS, provided that if paragraph (b) does not apply and AEMO does not give notice under this paragraph (c) within 10 business days after receiving the test report, the SRAS is taken to have passed the Test (Available). If AEMO’s notice under paragraph (c) indicates that the non-compliance with the Contracted Levels of Performance or Minimum Technical Requirements would not have materially affected the ability to provide the SRAS, then the SRAS is taken to have failed that Test if, and only if: the result of a repeat Test conducted within 20 business days of the date of AEMO’s notice also indicates that the SRAS is Unavailable (whether or not for the same reason); or a repeat test is not conducted within 20 business days after the date of AEMO’s notice.
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Failure of Test. Employees' records will be reviewed by the Ad Hoc committee for the appropriate actions which may be displacement, demotion, or other actions.
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Failure of Test. (a) Subject to paragraph (b), if the results of a Test indicate that the SRAS is Unavailable, the SRAS Equipment will have failed that Test. (b) If AEMO reasonably determines that any fault identified in a Test under paragraph (a) is unlikely to materially affect the capability to provide the SRAS, then the SRAS Equipment is taken to have failed that Test if, and only if: (i) the result of a repeat Test conducted within 20 business days of the original Test also indicates that the SRAS is Unavailable; or (ii) a repeat test is not conducted within 20 business days after the original Test. (c) If SRAS Equipment fails a Test, the relevant SRAS will be taken to have been Unavailable for the period determined under clause 5.2(c).
Sample 1
Failure of Test. In the event of a delivery of the Product failing testing and release in accordance with the terms of a marketing authorisation, MediGene shall promptly notify CollaGenex and furnish CollaGenex with the test results. CollaGenex shall then be afforded not less than [**] but no more than [**] Business Days to re-perform all relevant tests (including microbial tests) from retained samples of the relevant batch. CollaGenex shall furnish MediGene with a copy of its re-test results as soon as they are available. In the event of confirmation, by re-test, that the batch does not meet the specifications of the marketing authorisation, then CollaGenex shall take back the Product and promptly [**] with CollaGenex meeting the [**] to the Territory within [**] Calendar Days of the provision of the re-test results to MediGene.
Sample 1
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Related to Failure of Test

  • Failure of Condition If all of the conditions to Closing set forth above in Section 5.1.1 have not been satisfied by the Closing Date, provided the same is not the result of Developer’s failure to perform any obligation of Developer hereunder, Developer shall have the option to: (i) waive such condition and proceed to Closing hereunder; (ii) terminate this Agreement by written notice to District, whereby District will release the Initial Deposit to Developer and the Parties shall be released from any further liability or obligation hereunder except those that expressly survive termination of this Agreement; or (iii) delay Closing for up to three (3) months to permit District to satisfy the conditions to Closing set forth in Section 5.1.1. In the event Developer proceeds under clause (iii), Closing shall occur within thirty (30) days after the conditions precedent set forth in Section 5.1.1 have been satisfied, but if such conditions precedent have not been satisfied by the end of the three (3) month period, provided the same is not the result of Developer’s failure to perform any obligation of the Developer hereunder, the Developer may again proceed under clause (i) or (ii) above. The foregoing notwithstanding, Closing shall not occur after the Outside Closing Date. If Closing has not occurred by such date, this Agreement shall immediately terminate and be of no further force and effect, except those provisions that expressly survive termination.

  • Failure of Conditions None of the Company, Parent or Purchaser may rely on the failure of any condition set forth in Section 7.1 to be satisfied to excuse performance by such party of its obligations under this Agreement if such failure was caused by such party’s failure to act in good faith and in a manner consistent with the terms of this Agreement.

  • Failure of Third Parties The failure of any third party including: (a) any issuer of Investments or Book-Entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

  • Lenders’ Failure to Perform All Advances (other than Swing Loans and Agent Advances) shall be made by the Lenders contemporaneously and in accordance with their Pro Rata Shares. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Advance (or other extension of credit) hereunder, nor shall any Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligations hereunder, and (ii) no failure by any Lender to perform its obligations hereunder shall excuse any other Lender from its obligations hereunder.

  • Failure of Performance (Art. 44)

  • Failure to Cure If DSHS learns of a pattern or practice of the Business Associate that constitutes a violation of the Business Associate’s obligations under the terms of this Contract and reasonable steps by DSHS do not end the violation, DSHS shall terminate this Contract, if feasible. In addition, If Business Associate learns of a pattern or practice of its Subcontractors that constitutes a violation of the Business Associate’s obligations under the terms of their contract and reasonable steps by the Business Associate do not end the violation, Business Associate shall terminate the Subcontract, if feasible.

  • Failure In the event the Company brings any action against Consultant for breach of this Agreement, Consultant’s entire liability to the Company shall not exceed the fees paid to Consultant hereunder. In no event shall Consultant be liable to the Company or any other party for any indirect, special or consequential damages, nor for any claim against the Company by any person or entity arising from or in any way related to this Agreement.

  • FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the State does not pay the Contractor within seven days after the date established in the Contract Documents any amount certified by the Architect or awarded by alternative dispute resolution proceedings, then the Contractor may, upon seven additional days written notice to the State and the Architect, stop the Work until payment of the amount owing has been received. The Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, which shall be effected by appropriate Change Order in accordance with Paragraph 12.3.

  • Cure of Breach Except for the event of Breach set forth in Section 15.1(a) above, the Breaching Interconnection Party (a) may cure the Breach within thirty days from the receipt of such notice; or (b) if the Breach cannot be cured within thirty (30) days, may commence in good faith all steps that are reasonable and appropriate to cure the Breach within such thirty day time period and thereafter diligently pursue such action to completion. In an event of Breach set forth in Section 15.1(a), the Breaching Interconnection Party may cure the Breach within five (5) days from the receipt of notice of the Breach.

  • Epidemic Failure Warranty Supplier warrants all Products against Epidemic Failure for a period of three years after DXC’s Acceptance. Epidemic Failure means the occurrence of the same failure, defect, or non-conformity with an Order in 2% or more of Products within any three-month period.

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