Failure to Accept. If a teacher fails to accept an offer of reemployment within ten (10) 22 working days from receipt of notification, it shall constitute a resignation.
Failure to Accept. THE GMP PROPOSAL Unless the Owner accepts the GMP Proposal in writing on or before the date specified in the GMP Proposal for such acceptance and so notifies the Construction Manager, the GMP Proposal shall not be effective. If the Owner fails to accept the GMP Proposal, or rejects the GMP Proposal, the Owner shall have the right to:
3.4.9.1 suggest modifications to the GMP Proposal. If such modifications are accepted in writing by the Construction Manager, the GMP Proposal shall be deemed accepted in accordance with subsection 3.4.6;
3.4.9.2 direct the Construction Manager to proceed on the basis of reimbursement as provided in Article 7 and Article 8 without a GMP, in which case all references in this Agreement to the GMP shall not be applicable. In the absence of a GMP the Parties may establish a date of Substantial Completion or a date of Final Completion; or
3.4.9.3 terminate the Agreement for convenience in accordance with Section 12.4.
Failure to Accept. To the extent that the Accepting Party fails in whole or in part to accept the Contract Quantity in accordance with an Individual Contract, and such failure is not remedied within three (3) Business Days after receipt by the Accepting Party of a written notice from the Delivering Party to remedy such failure or is not excused by an event of Force Majeure or the Delivering Party's non-performance, the Accepting Party shall pay the Delivering Party as compensation for damages an amount for the quantity of non-accepted Certificates equal to the product of:
(a) the amount, if positive, by which the Contract Price exceeds the price (if any) at which the Delivering Party is or would be able to sell the quantity of non-accepted Certificates in the market acting in a commercially reasonable manner; and
(b) the quantity of the non-accepted Certificates. Such amount shall not be increased by any costs and expenses incurred by the Delivering Party as a result of the Accepting Party's failure.
Failure to Accept. To the extent that the Accepting Party fails in whole or in part to accept the Contract Quantity in accordance with the Contract and such failure is not excused by an event of Force Majeure or the other Party’s non-performance, the Accepting Party shall pay the Delivering Party as compensation for damages an amount for the quantity of non-accepted electricity equal to the product of:
(a) the amount, if positive, by which the Contract Price exceeds the price at which the Delivering Party is or would be able to sell the quantity of non-accepted electricity in the market acting in a commercially reasonable manner; and
(b) the quantity of the non-accepted electricity. Such amount shall be increased by any incremental transmission costs and other reasonable and verifiable costs and expenses incurred by the Delivering Party as a result of the Accepting Party's failure.
Failure to Accept. In the event a party refuses to accept Tested Systems in accordance with this Section 8.2, any delay of a Launch Date resulting from such decision shall not preclude such party from exercising any right to terminate the Agreement pursuant to Section 13.1 unless such delay is caused by other factors within the refusing party’s reasonable control (e.g., failure to remedy Defects within those systems operated by the refusing party).
Failure to Accept. If Sonic is unable to give actual notice of any breach or termination of this Agreement because Licensee has failed to provide Sonic with a current address, because Licensee fails to accept or pick up this mailed notice, or due to any reason which is not the fault of Sonic, then such notice shall be deemed as given when Sonic sends such notice by overnight receipted delivery service or registered or certified mail, postage prepaid.
Failure to Accept. If SONIC is unable to give actual notice of any breach or termination of this Agreement because Licensee has failed to provide SONIC with a current address, because Licensee fails to accept or pick up this mailed notice, or due to any reason which is not the fault of SONIC, then such notice shall be deemed as given when SONIC sends such notice by overnight receipted delivery service or registered or certified mail, postage prepaid.
Failure to Accept. To the extent that the Buyer fails in whole or in part to accept the Contract Quantity at the Delivery Point in accordance with the terms of this Agreement and such failure is not excused by an event of Force Majeure or the other Party's non-performance, the Buyer shall pay the Seller as compensation for damages an amount for the quantity of non-accepted electricity equal to the product of:
(a) the amount, if positive, by which the Contract Price exceeds the market price at which the Seller is or would be able to sell the quantity of non- accepted electricity acting in a commercially reasonable manner; and
(b) the quantity of unaccepted electricity. Such amount shall be increased by any incremental transmission costs and other reasonable and verifiable costs and expenses incurred by the Seller as a result of the Buyer's failure.
Failure to Accept. Except where and only to the extent that Seller has agreed to accumulate Goods for Buyer's account for later shipment, if Buyer either requests deferral of a shipment of Goods otherwise ready for shipment, or fails to release Goods for shipment, or otherwise fails to provide information or documentation necessary for the delivery of Goods, otherwise ready for shipment, and, as a result thereof, Goods must be placed in storage, or held therein longer than agreed, Seller may charge Buyer storage fees commencing 5 days after Seller's notice to Buyer that the Goods are available for shipment.
Failure to Accept. A Faculty Member on a recall list who receives notice of recall and who does not accept the recall within thirty (30) days of the receipt of the notice of the vacancy or twelve (12) days of the notice of recall, whichever is later, shall lose recall rights.
