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 5 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 5 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. (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.
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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. 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.
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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 If the Conditions Precedent shall not have been satisfied or waived by February 27, 2015, either party may terminate this Lease and the Transfer Agreement by written notice of termination (the “Termination Notice”) delivered to the other party by February 27, 2015 (the “Failure of Conditions Termination Date”). Upon termination of this Lease under the terms of this Section 2, neither party hereto shall have any further claims or obligations under this Lease or the Transfer Agreement, except those obligations that expressly survive termination. Notwithstanding any provision of this Section 2.3 to the contrary, if the parties are unable to agree upon the initial Deferred Maintenance Items (as that term is defined in Section 9.2(c)(ii) below for the River Valley Facility to be included on Exhibit “E”, the sole remedy of the parties shall be to exclude the River Valley Facility from the Portfolio.

  • 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.

  • Failure of Conditions; Termination In the event of any of the conditions specified in this Agreement shall not be fulfilled on or before the Closing Date, either of the parties have the right either to proceed or, upon prompt written notice to the other, to terminate and rescind this Agreement. In such event, the party that has failed to fulfill the conditions specified in this Agreement will liable for the other parties legal fees. The election to proceed shall not affect the right of such electing party reasonably to require the other party to continue to use its efforts to fulfill the unmet conditions.

  • 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 Purchase In the event a Purchaser fails to exercise its rights provided in this Section 3.11 within the twenty-five (25) day period described in Section 3.11(b) or, if so exercised, such Purchaser is unable to consummate such purchase within the time period specified in Section 3.11(c) above because of its failure to obtain any required regulatory or stockholder consent or approval, the Company shall thereafter be entitled during the period of 90 days following the conclusion of the applicable period to sell or enter into an agreement (pursuant to which the sale of the Common Stock covered thereby shall be consummated, if at all, within 30 days from the date of such agreement) to sell the Common Stock not elected to be purchased pursuant to this Section 3.11 or which such Purchaser is unable to purchase because of such failure to obtain any such consent or approval, at a price and upon other terms that, taken in the aggregate, are not more favorable to the purchasers of such securities than were specified in the Company’s notice to the Purchasers. Notwithstanding the foregoing, if such sale is subject to the receipt of any regulatory or stockholder approval or consent or the expiration of any waiting period, the time period during which such sale may be consummated shall be extended until the expiration of five (5) Business Days after all such approvals or consents have been obtained or waiting periods expired, but in no event shall such time period exceed 90 days from the date of the applicable agreement with respect to such sale. In the event the Company has not sold the Common Stock or entered into an agreement to sell the Common Stock within such 90-day period (or sold and issued Common Stock in accordance with the foregoing within 30 days from the date of said agreement (as such period may be extended in the manner described above for a period not to exceed 90 days from the date of such agreement)), the Company shall not thereafter offer, issue or sell such Common Stock without first offering such securities to the Purchasers in the manner provided above.

  • Failure of Agreements Any provision of this Agreement or any provision of any other Loan Document shall for any reason cease to be valid and binding on any Credit Party or any Subsidiary thereof party thereto or any such Person shall so state in writing, or any Loan Document shall for any reason cease to create a valid and perfected first priority Lien (subject to Permitted Liens) on, or security interest in, any of the Collateral purported to be covered thereby, in each case other than in accordance with the express terms hereof or thereof.

  • Epidemic Failure The term “Epidemic Failure” means Product deficiencies resulting from defects in material, workmanship and/or manufacturing process that are in excess of one percent (1%) of the total number of Products shipped during any rolling six (6) month period.

  • Nonperformance As used in this Contract, “failure to perform” means failure, for whatever reason, to deliver goods and/or perform work as specified and scheduled in this Contract. If Contractor fails to perform under this Contract, then District, after giving seven days’ written notice and opportunity to cure to Contractor, has the right to complete the work itself, to obtain the contracted goods and/or services from other contractors, or a combination thereof, as necessary to complete the work. Both parties agree that Contractor shall bear any reasonable cost difference, as measured against any unpaid balance due Contractor, for these substitute goods or services.

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