Failure to Give Timely Notice. A failure to give timely notice as provided in this Article 5 shall not affect the rights or obligations of any Party except and only to the extent that, as a result of such failure, any Party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure.
Failure to Give Timely Notice. A failure by an Indemnified Party to ----------------------------- give timely, complete or accurate notice as provided in Section 9.3 or 9.4 will ----------- --- not affect the rights or obligations of any party hereunder except and only to the extent that, as a result of such failure, any party entitled to receive such notice was deprived of its right to recover any payment under any applicable insurance coverage, or deprived of its right to assert any claim because of expiration of the applicable statute of limitations, or was otherwise directly and materially damaged as a result of such failure to give timely notice.
Failure to Give Timely Notice. A failure by an Indemnified Party to give timely, complete or accurate notice as provided in Section 8.2(c) will not affect the rights or obligations of any party hereunder except and only to the extent that, as a result of such failure, any party entitled to receive such notice was directly damaged as a direct result of such failure to give timely notice.
Failure to Give Timely Notice. A failure by an Indemnified Party to provide notice as provided in Section 9.4 will not affect the rights or obligations of any Person except and only to the extent that, as a result of such failure, any Person entitled to receive such notice was damaged as a result of such failure to give timely notice. Nothing contained in this Section 9.5 shall be deemed to extend the period for which Sellers’ representations and warranties will survive Closing as set forth in Section 9.1 above.
Failure to Give Timely Notice. In the absence of timely notice, contract teachers will be deemed to be re-employed for the succeeding contract term with a salary based upon the applicable teacher salary schedule.
Failure to Give Timely Notice. The failure to give timely notice under this Article VIII will not affect the rights or obligations of any Party except to the extent (and only to the extent) that, as a result of such failure, the Party that was entitled to receive such notice suffered serious damage or was otherwise materially adversely prejudiced in the defence of such claim.
Failure to Give Timely Notice. 9-3-7-1 In the absence of timely written notice of the District’s intent, Career Educators are deemed to be reemployed for the succeeding contract term with a salary based upon the applicable teacher salary schedule.
Failure to Give Timely Notice. A failure by an indemnified ----------------------------- person to give timely, complete or accurate notice as provided in Section 4.3 ----------- will not affect the rights or obligations of any party hereunder except and only to the extent that such failure results in actual prejudice to the indemnifying person.
Failure to Give Timely Notice. If Landlord shall fail timely to give Tenant a Plans and Specifications Notice, then Tenant shall have the right to give to Landlord a second notice (a "Second Approval Request"), and if Landlord shall fail to respond to such Second Approval Request within five (5) Business Days after Landlord's receipt thereof, then Landlord shall be deemed to have consented to the proposed Plans and Specifications, provided and on condition that the Second Approval Request shall specifically refer to this Section 9.4 and shall state in bold uppercase letters on the first page thereof: "LANDLORD'S CONSENT TO THE REFERENCED PLANS AND SPECIFICATIONS SHALL BE DEEMED GIVEN IF LANDLORD FAILS TO APPROVE OR DISAPPROVE SUCH PROPOSED PLANS AND SPECIFICATIONS WITHIN FIVE (5) BUSINESS DAYS AFTER THIS NOTICE SHALL HAVE BEEN GIVEN TO LANDLORD".
Failure to Give Timely Notice. A failure by an Indemnified Party to give timely, complete or accurate notice as provided in this Article VII will not affect the rights or obligations of any party hereunder except and only to the extent that, as a result of such failure, any party entitled to receive such was actually damaged as a result of such failure to give timely notice. Notwithstanding the foregoing, the parties hereby acknowledge and agree that nothing in this Section 7.5 shall be deemed to extend any of the time periods set forth in Section 7.1 with respect to the survival of representations and warranties.
