FAILURE TO MEET MINIMUM REQUIREMENTS. If AGENCY fails to fulfill the minimum requirements of this Agreement, or to otherwise comply with any provision of this Agreement, then the matter shall be investigated by DMO’s Administrator, or its designee, who shall make a recommendation to DMO’s Board/Director as to the remedy for breach of this Agreement. The breach may be cured by reasonable substitution of services provided, by reimbursement of a portion of the fee paid by DMO to AGENCY, or by other such remedy as the DMO Board/Director may reasonably require. DMO and AGENCY agree the decision of the DMO Board/Director shall be final and conclusive.
FAILURE TO MEET MINIMUM REQUIREMENTS. If CHAMBER fails to fulfill the minimum requirements of this Agreement, or to otherwise comply with any provision of this Agreement, then the matter shall be investigated by CITY’S City Administrator, or his/her designee, who shall make a recommendation to CITY’S City Council as to the remedy for breach of this Agreement. The breach may be cured by reasonable substitution of services provided, by reimbursement of a portion of the fee paid by CITY to CHAMBER, or by other such remedy as the City Council may reasonably require. CITY and CHAMBER agree the decision of the City Council shall be final and conclusive.
FAILURE TO MEET MINIMUM REQUIREMENTS. In the event that in any given year, the total payments by Distributor under Section 3.6 do not, in the aggregate, equal or exceed: the minimum annual purchase requirements in the amounts set forth in Exhibit B hereto (“Minimum Purchase Requirements”), then Micrus may, at its sole discretion, either: (a) convert the grant of the distribution rights pursuant to Section 2.1 hereof to a non-exclusive basis; or (b) terminate this Agreement upon thirty (30) days prior written notice to Distributor. If Micrus elects to convert the grant of distribution rights to a non-exclusive basis, such election shall be made by delivery of written notice by Micrus to Distributor and shall take effect on the date set forth in the notice.
FAILURE TO MEET MINIMUM REQUIREMENTS. CONTRACTOR’S failure to meet the 38 minimum diversion guarantees set forth above in Article 5 may result in the imposition of 39 liquidated damages as specified in Article 19, or denial of an extension to this Agreement as 40 specified in Article 2. In determining whether or not to assess liquidated damages, or denial of a 41 term extension, the CITY will consider the good faith efforts put forth by the CONTRACTOR in 42 implementing the required programs as specified in this Agreement to meet the minimum 43 diversion requirements and the methods and level of effort of the CONTRACTOR.
FAILURE TO MEET MINIMUM REQUIREMENTS. CONTRACTOR’S failure to meet the 797 minimum diversion requirements set forth above in Article 5.01 may result in the termination of 798 this Agreement or the imposition of liquidated damages. In determining whether or not to assess 799 liquidated damages or terminate the Agreement, the CITY will consider the good faith efforts put 800 forth by the CONTRACTOR to meet the minimum diversion requirements. This consideration 801 will include the methods and level of effort of the CONTRACTOR to fully implement the public 802 education and diversion plans attached to and included in this Agreement.
FAILURE TO MEET MINIMUM REQUIREMENTS. CONTRACTOR’s failure to meet the minimum diversion requirements set forth in this Agreement may result in the termination of this Agreement or the imposition of liquidated damages.
FAILURE TO MEET MINIMUM REQUIREMENTS. Contractor’s failure to meet the minimum requirements set forth in this Section 5 may result in the imposition of liquidated damages as specified in Section 30.5 or denial of an extension to this Agreement as specified in Section 4.3 and City’s exercise of the remedies provided in Section 28 and Section 30.3. In determining the appropriate remedy, City will consider the efforts put forth by the Contractor in implementing the required programs to meet the minimum diversion requirements and the methods, the level of effort of the Contractor to fully implement the work plans attached to and included in this Agreement as Exhibits 5 – 8 and the City’s current Per Capita rate as determined by CalRecycle.
FAILURE TO MEET MINIMUM REQUIREMENTS. In the event that in any given year, the total Product orders and payments by Distributor under Section 3.6 do not, in the aggregate, equal or exceed: the minimum quarterly or annual purchase requirements in the amounts set forth in Exhibit B hereto (“Minimum Purchase Requirements”), then Micrus may, at its sole discretion, either: (a) convert the grant of the distribution rights pursuant to Section 2.1 hereof to a non-exclusive basis; or (b) terminate this Agreement upon thirty (30) days prior written notice to Distributor. If Micrus elects to convert the grant of distribution rights to a non-exclusive basis, such election shall be made by delivery of written notice by Micrus to Distributor and shall take effect on the date set forth in the notice, and Micrus will in that event retain the right thereafter to terminate this Agreement if at any time Distributor again fails to equal or exceed the Minimum Purchase Requirements.
FAILURE TO MEET MINIMUM REQUIREMENTS. If AGENCY fails to fulfill the minimum requirements of this Agreement, or to otherwise comply with any provision of this Agreement, then the matter shall be investigated by DLO’s Administrator, or its designee, who shall make a recommendation to DLO’s Board/Director as to the remedy for breach of this Agreement. The breach may be cured by reasonable substitution of services provided, by reimbursement of a portion of the fee paid by DLO to AGENCY, or by other such remedies as the DLO Board/Director may require. DLO and AGENCY agree that the decision of the DLO Board/Director shall be final and conclusive.
