Failure to Achieve Sample Clauses

Failure to Achieve. Final Acceptance Final Acceptance of the Work is essential to the County and the time limits as identified by the County are of the essence. The County will incur serious and substantial damages if Final Acceptance of the Work does not occur as the County requires.”
Sample 1
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Failure to Achieve. Full Commercial Operation Date by the Long Stop Full Commercial Operation Date: If the Full Commercial Operation Date has not occurred by the Long Stop Full Commercial Date for reasons within the control of the seller, the Purchaser may demand payment in full under the Construction Security in accordance with the provisions of Clause 3.3(c) and serve notice of termination of this Agreement, such notice to take immediate effect and such termination shall be subject to the provisions of Clause 13.
Sample 1
Failure to Achieve. Financial Close under a Section P3 Agreement Due to MDOT or MDTA (a) If Section 11.9 (Failure to Achieve Financial Close under Section P3 Agreement Due to M DOT or MDTA) applies, MDOT shall, by notice to the Phase Developer, remove that Section and all other Sections that have not been submitted to MDOT under a Committed Section Proposal from the scope of this Agreement. (b) If one or more Sections are removed from the scope of this Agreement in accordance with S ection 27.6(a): (i) MDOT shall pay the Phase Developer an amount equal to: (A) subject to S ection 27.6(c), the Allowed Costs incurred by the Phase Developer or any Section Developer that are directly attributable to any Section in Phase South and that have not previously been reimbursed and that are not recoverable under any Section P3 Agreement, up to the Predevelopment Cost Cap for Phase South; and (B) subject to S ection 27.6(d), the Allowed Costs incurred by the Phase Developer or any Section Developer that are directly attributable to any Section in Phase North and that have not previously been reimbursed and that are not recoverable under any Section P3 Agreement, up to the Predevelopment Cost Cap for Phase North; and (ii) the Phase Developer will be released from its obligation to pay any Development Rights Fees that are not already due and payable and MDOT shall return the Development Rights Fee Security to the Phase Developer. (c) The maximum aggregate amount payable under Section 27.6(b)(i)(A) and under all Section P3 Agreements relating to Sections in Phase South that are terminated for failure to achieve Financial Close will be the Phase South Termination Cap. (d) The maximum aggregate amount payable under Section 27.6(b)(i)(B) and under all Section P3 Agreements relating to Sections in Phase North that are terminated for failure to achieve Financial Close will be the Phase North Termination Cap.
Sample 1
Failure to Achieve. SONY shall diligently seek to comply with its obligations under Section 2.2 but subject thereto shall have no liability if it fails to complete successfully all or any of the phases of the work required by the Development Plan.
Sample 1
Failure to Achieve. FULL COMMERCIAL OPERATION DATE BY REQUIRED FULL COMMERCIAL OPERATION DATE: If the Full Commercial Operation Date has not occurred by the Required Full Commercial Operation Date (otherwise than due to Force Majeure of default by KPLC) then: (a) for each day occurring after the date which is 14 (fourteen) days after the Required Full Commercial Operation Date and before the Full Commercial Operation Date the Seller shall pay monthly, in arrears, to KPLC the Daily Liquidated Damages Sum up to a total aggregate sum of three million United States Dollars (US$3,000,000); and (b) the Seller shall have no further liability to KPLC in respect of such delay and payment by the Seller to KPLC under this Clause 6.7 shall constitute KPLC's sole and exclusive remedy for the Seller's failure to achieve the Required Full Commercial Operation Date.
Sample 1

Related to Failure to Achieve

  • Failure to Act Except for action expressly required of Agent hereunder and under the other Financing Agreements, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders of their indemnification obligations under Section 12.5 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

  • 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.

  • Failure to Return Failure of the employee to return pursuant to the date determined in this Section will constitute grounds for termination by the School District unless the School District and the employee mutually agree to an extension of the leave.

  • Failure to Defend If the Indemnifying Party, within a reasonable time after notice of any such Claim, fails to defend such Claim actively and in good faith, the Indemnified Party will (upon further notice) have the right to undertake the defense, compromise or settlement of such Claim or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall thereafter have no right to challenge the Indemnified Party's defense, compromise, settlement or consent to judgment.

  • Failure to Act Not a Defense The failure of the Company (including its Board of Directors or any committee thereof, independent legal counsel, or stockholders) to make a determination concerning the permissibility of the payment of Indemnifiable Amounts or the advancement of Indemnifiable Expenses under this Agreement shall not be a defense in any action brought under Section 10(a) above, and shall not create a presumption that such payment or advancement is not permissible.

  • Failure to Perform In the event of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.

  • Failure to Deliver Applicable

  • Failure to Agree If the Contractor claims entitlement to a change in the Contract, and the Department does not agree that any action or event has occurred to justify any change in time or compensation, or if the parties fail to agree upon the appropriate amount of the adjustment in time or compensation, the Department will unilaterally make such changes, if any, to the Contract, as it determines are appropriate pursuant to the Contract. The Contractor shall proceed with the Work and the Department's directives, without interruption or delay, and shall make a claim as provided in Article 12. Failure to proceed due to a dispute over a change request shall constitute a material breach of the Contract and entitle the Department to all available remedies for such breach, including, without limitation, termination for default.

  • Failure to Act Within Time Limits If the Griever or the Union fails to process a grievance to the next step in the grievance procedure within the time limits specified, they shall not be deemed to have prejudiced their position on any future grievance.

  • TOTAL OR PARTIAL FAILURE TO PERFORM 20.1 In the case of Goods to be specially manufactured for it, if Transnet at any time ascertains that: a) no manufacturing of the Goods specified in a Purchase Order has commenced and there is little or no prospect, in Transnet’s opinion, that manufacturing will commence within a reasonable time; or b) delivery of any of the Goods is being or is likely to be delayed beyond the promised delivery date(s), and there is little or no prospect of the Purchase Order(s) being carried out within reasonable adherence to the promised delivery rate(s) or time(s), then Transnet may, irrespective of the cause of the delay, by notice to the Supplier, cancel as from a future date specified in such notice the whole or any part of this Agreement or Purchase Order in respect of which the Goods to be supplied have not been completed by that date, without incurring any liability by reason of such cancellation except as provided in this clause. 20.2 The Supplier/Service Provider shall thereupon, as soon as possible after such date, deliver to Transnet the Goods/Services [if any] already completed, and payment for the part performance shall be made on a pro rata basis, provided the uncompleted part is not an integral or essential part of the completed Goods/Services. Where an integral or essential part of the work has not been completed, the amount to be paid to the Supplier/Service Provider will be calculated on the basis of Transnet’s enrichment. The Supplier/Service Provider shall, wherever practicable, supply Transnet with the necessary drawings and/or specifications to enable it to complete the work. 20.3 Whenever, in any case not covered by clause 20.1 above, the Supplier fails or neglects to execute the work or to deliver any portion of the Goods/Services as required by the terms of this Agreement or Purchase Order, or if any Goods/Services are rejected on any of the grounds mentioned in clause Error! Reference source not found. [Defective Goods], Transnet may cancel this Agreement or Purchase Order in so far as it relates to the unexecuted work or the undelivered or rejected portion of the Goods/Services, and in such event, the supply of the remaining portion shall remain subject in all respects to these conditions.

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