Failure to Meet Obligations. The Company acknowledges that its failure to timely meet any of its obligations hereunder, including, but without limitations, its obligations to make Payments, deliver shares and, as necessary, to register and maintain sufficient number of Shares, will cause the Holder to suffer irreparable harm and, that the actual damage to the Holder will be difficult to ascertain. Accordingly, the parties agree that it is appropriate to include in this Debenture a provision for liquidated damages. The parties acknowledge and agree that the liquidated damages provision set forth in this section represents the parties' good faith effort to quantify such damages and, as such, agree that the form and amount of such liquidated damages are reasonable and do not constitute a penalty. The payment of liquidated damages shall not relieve the Company from its obligations to deliver the Common Stock pursuant to the terms of this Debenture.
Failure to Meet Obligations. If (i) GROWER fails to meet the obligations set forth in Section 5 above; (ii) GROWER is in default on payment of Annual Royalties (iii) GROWER has willfully made a false statement or willfully omitted a material fact in any report required by this Agreement; (iv) GROWER commits a substantial breach of any other covenant or agreement contained in this Agreement; and (v) GROWER is adjudged bankrupt or has its assets placed in the hands of receiver or makes any assignment or other accommodation for the benefit of creditors, PVMI may modify or terminate this Agreement and/or may refuse to license future PVMI varieties to GROWER (“Blacklisting”). Prior to any modification or termination of this Agreement or Blacklisting under this Section 6, PVMI shall furnish GROWER a written notice of intention to modify, terminate and/or Blacklist, and GROWER shall be allowed thirty (30) days after the date of such notice to remedy any breach or default of any covenant or agreement of this Agreement to PVMI’s satisfaction.
Failure to Meet Obligations. If the vendor is unable to meet its agreement obligations as set out in this invitation, the local governmental entity at its option, may purchase material from any other available source on the open market, may cancel the agreement or applicable portions thereof, and/or may award the portions so cancelled to another supplier. In the event the State is required to purchase the materials from another source as a result of the contracted vendor not being able to meet their commitment, any additional expenses in excess of the agreement price will be deducted from any money due the contracted vendor.
Failure to Meet Obligations. If the Contractor is unable to meet its agreement obligations as set out in this invitation, the Indiana Department of Transportation and Other State Agencies, at the State’s option may purchase materials from any other available source on the open market, cancel the agreement or applicable portions thereof, and/or may award the portions so cancelled to another supplier. In the event the State is required to purchase the materials from another source as a result of the Contractor not being able to meet their commitment, any additional expenses in excess of the agreement price will be deducted from any money due the Contractor.
Failure to Meet Obligations. The Company acknowledges that its failure to timely meet any of its obligations hereunder, including, but without limitations, its obligations to make Payments, deliver shares and, as necessary, to register and maintain sufficient number of Shares, will cause the Holder to suffer irreparable harm and, that the actual damage to the Holder will be difficult to ascertain. Accordingly, the parties agree that it is appropriate to include in this Debenture a provision for
Failure to Meet Obligations. If the vendor is unable to meet its agreement obligations as set out in this invitation, the Indiana Department of Transportation, at its option may purchase materials from any other available source on the open market, cancel the agreement or applicable portions thereof, and/or may award the portions so cancelled to another supplier. In the event the State is required to purchase the materials from another source as a result of the contracted vendor not being able to meet their commitment, any additional expenses in excess of the agreement price will be deducted from any money due the contracted vendor. These specifications and terms and conditions apply to other governmental bodies and other state agencies that are listed within this solicitation. These specifications will not apply to INDOT locations in this solicitation. The material to be furnished shall consist of sodium chloride delivered at Contractor’s expense to various Buyer facilities. This rock salt shall be used as a deicer for road maintenance. Rejection - All sodium chloride delivered will be visually inspected by Buyer at the time of delivery and samples may be tested for gradation purity, leaching and moisture content. Any material delivered which contains lumps, foreign matter, or free water, or otherwise fails to conform to the requirements contained herein, shall be rejected. In the event the material has been dumped prior to rejection it shall be immediately reloaded or removed by the Contractor within forty-eight (48) hours of notification of rejection. Buyers shall not be responsible for either the cost of rejected material or the cost to dispose of rejected material not picked up by Contractor within forty-eight (48) hours of the rejection. Buyers reserve the right to offset those costs against any future payments to Contractor at a rate of $10.00 per ton for each day the salt remains on the district locations. In the event untreated sodium chloride is added to the stockpile prior to testing, deductions will be made for untreated sodium chloride that does not comply with the following specifications:
Failure to Meet Obligations. In the event that the Company fails to fulfill its obligations under this Agreement, and does not cure such failure after City sends notice of an Event of Default (as hereafter defined) to the Company and expiration of the cure period described in Section 3.04 below, City may, at its option, terminate this Agreement in accordance with Section 3.08 (b) below. Upon termination of this Agreement for the Company’s failure to cure an Event of Default, the City shall not be required to further pay, and the Company shall not be entitled to receive any further payments under this Agreement. The foregoing sentence shall not release the City from its obligation to make payment for any prior year(s) of this Agreement during which the Company did fulfill its obligations under the performance guidelines set forth in Sections 1.01 through 1.07, above.
Failure to Meet Obligations. A Professional failing to promptly meet his or her Professional status, responsibilities or Professional contractual obligations.
Failure to Meet Obligations. Should either the Xxxxxxx Xxxxxxx or FRRS fail to procure or maintain insurance as required under this Agreement or fail to pay rent, fees, assessments, charges and taxes as specified in this Agreement, the compliant Party shall have the right, but shall not be obligated, to effect such insurance, or pay said fees, assignments, charges and taxes, as the case may be. In that event, the cost thereof shall be repayable to the failing Party by the compliant Party within 30 days, and on such failure to pay, the compliant Party may, at its election, declare the failure to constitute a material breach in the terms of this Agreement and cancel the Agreement and terminate the leasehold.
Failure to Meet Obligations. 5.7.1 On any job or project which has been partially completed by one Contractor and work thereon has stopped because of the failure of the Contractor to meet his current obligations, and money is due and payable to employees either as wages or fringe benefits and has not been paid, it shall not be a violation of this Agreement for the Union to refuse to permit persons covered by this Agreement to work on said job or project until all such wages and fringe benefits have been paid.
5.7.2 Nor shall it be a violation for the Union to remove workmen who are working on said job. The Union’s right to refuse to permit workmen to work on the job because of unpaid wages and fringe benefits, may be taken without prior resort to the grievance and arbitration procedures contained in this Agreement.
