Failure to Comply with Agreement. This Agreement may be terminated by either party hereto by notice to the other party in the event that such party shall have failed or been unable to comply with any of the terms, conditions or provisions of this Agreement required by the Company or the Placement Agent to be performed, complied with or fulfilled by it within the respective times herein provided for, unless compliance therewith or performance or satisfaction thereof shall have been expressly waived by the non-defaulting party in writing.
Failure to Comply with Agreement. If Owner fails to make payment to Manager of any amounts due Manager within five (5) days of written notice that the amounts are overdue, then the Manager may terminate this Agreement. If Owner fails to keep in force the insurance required under this Agreement, then the Manager may terminate this Agreement immediately by verbal or written notice.
Failure to Comply with Agreement. The failure or refusal by the Authority to perform any material obligation under this Agreement unless such failure or refusal is excused by an Uncontrollable Circumstance or Manager Fault; except that no such failure or refusal to pay or perform shall constitute an Event of Default giving the Manager the right to terminate this Agreement for cause under this Section unless:
(a) The Manager has given prior written notice to the Authority swing that a specified failure or refusal to perform exists which will, unless corrected, constitute a material breach of this Agreement on the part of the Authority and which will, in its opinion, give the Manager a right to terminate this Agreement for cause under this Section unless such default is corrected within; reasonable period of time, and
(b) The Authority has neither challenged in an appropriate forum the Manager's conclusion that such failure or refusal to perform has occurred or constitutes a material breach of this Agreement nor corrected or diligently taken steps to correct such default within a reasonable period of time but not more than 60 days from the date of the notice given pursuant to clause (a) of this subsection (but if the Authority shall have diligently taken steps to correct such default within a reasonable period of time, the same shall not constitute an Event of Default for as long as the Authority is continuing to take such steps to correct such default).
Failure to Comply with Agreement. Employee Failure to comply with any provision in this Agreement may result in termination of this Agreement and disciplinary action, up to and including dismissal. Approved Alternate Work Location(s):
Failure to Comply with Agreement. In the event that the Agency does not carry out the terms of this Programmatic Agreement, the Agency will comply with 36 CFR 800 with regard to each individual project for which Agency has awarded funding to the Recipient. EXECUTION AND IMPLEMENTATION of this Programmatic Agreement evidences that the Agency has satisfied its Section 106 responsibilities for CDBG activities funded in whole or in part under the CDBG Program. ADVISORY COUNCIL ON HISTORIC PRESERVATION _______________________________________________________ By: Date VERMONT AGENCY OF COMMERCE AND COMMUNITY DEVELOPMENT _______________________________________________________ By: Date VERMONT STATE HISTORIC PRESERVATION OFFICER ________________________________________________________ By: Date APPENDIX A As noted in Section II (1)(c): If activities are limited solely to those activities listed in Appendix A then such activities are considered exempt from this Programmatic Agreement. This determination is made in consultation with the Recipient and ACCD through submittal of the Preliminary Review Form and approval by ACCD. No further review is required. The following activities will NOT require review by the SHPO or Council:
Failure to Comply with Agreement. In Audubon’s sole discretion, Audubon reserves the right to terminate Renter’s event at any time, and retain all or a portion of the damage deposit and charge renter for any cost above the damage deposit, in the event of any failure by Renter to comply with this Agreement and the attached Rules and Regulations or any damage or loss to Audubon, including: (i) damage to rugs, floors, walls, furniture, property of the facilities or grounds;
Failure to Comply with Agreement. In the event the ACBL is adversely affected by any failure of Executive to comply with a material term or provision of this Agreement, the ACBL shall have the right to terminate Executive’s employment and to take such other action against Executive, at law or in equity, as the ACBL may deem necessary or proper. In such event, Executive’s termination shall be effective immediately upon receipt of written notice from the ACBL.
Failure to Comply with Agreement. A failure or refusal by the District to perform any material obligation under this Agreement, including without limitation under Article 6 hereof, which failure or refusal is not otherwise excused by Force Majeure, Change in Law or Operator Fault and has not been cured within sixty (60) days following receipt of notice thereof from the Operator (the “Operator Termination Notice Period”); provided, however, that as long as the District is diligently attempting in good faith to cure such failure or refusal and it is reasonably expected that such failure or refusal is subject to cure, then the District shall have an additional three hundred sixty-five (365) days to cure such default and the Operator Termination Notice Period shall be deemed to be extended for such 365-day period.
Failure to Comply with Agreement. Upon written notification by the COUNTY, the CITY shall immediately remove any Traffic Control Device, at the City’s sole cost and expense that is not in compliance with the terms of this Agreement. Failure to carry out any of the duties and responsibilities assumed herein by the City may result in termination of this Agreement, at the sole discretion of the County upon five days’ notice.
Failure to Comply with Agreement. (a) SBB may deny Customer access to all or part of the Service, or may suspend Customer’s access, or refuse to post, or remove, any information or materials posted or proposed to be posted by Customer or Customer’s authorized users, if any conduct or activity violates any of the terms and conditions in this Addendum; provided that SBB will give Customer twenty-four (24) hours prior notice and opportunity to cure the violation prior to suspension of the Service.
(b) Notwithstanding the foregoing, in the event SBB’s system integrity, including without limitation the security of user data, is threatened or SBB is served with any court or governmental order requiring suspension or termination of Service, SBB may suspend or terminate Service immediately. If SBB suspends Service due to the foregoing, Customer and Customer’s authorized users shall have no right to access any materials or third party services, merchandise, or information stored on the Internet through SBB Services, and Customer shall have no right to credit(s) related to such unavailability of Service. SBB shall not be responsible for notification of the suspension to any party other than Customer.
