Failure to Obtain. Failure of SJRA to demand such certificate or other evidence of full compliance with these insurance requirements or failure of SJRA to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance.
Failure to Obtain. Failure of BNPPLC to demand such certificate or other evidence of full compliance with these insurance requirements or failure of BNPPLC to identify a deficiency in the form of evidence that is provided will not be construed as a waiver of LRC’s obligation to maintain such insurance.
Failure to Obtain. Failure of Landlord to demand such certificate or other evidence of full compliance with these insurance requirements or failure of Landlord to identify a deficiency from evidence that is provided shall not be construed as a waiver of Tenant’s obligation to maintain such insurance.
Failure to Obtain. In the event the Contractor fails to obtain or maintain any insurance coverage required under this Agreement, the same shall constitute a Default of this Agreement and, in addition to any other remedy of Tervita, Tervita may purchase such coverage and charge the expense thereof to the Contractor, or may terminate this Agreement.
Failure to Obtain. If at the Effective Time Buyer shall not have obtained health facility licensure approvals for the facilities from the State of Michigan and made timely applications for Medicare and Medicaid certification necessary for third party payor reimbursement with respect to the Facilities or any of them as required under Section 6.09.A, Seller, or a Subsidiary Lessee as applicable, and Buyer shall enter into a management agreement and a submanagement agreement in form an substance mutually satisfactory to the parties thereto pursuant to which Buyer shall perform all management functions relating to the operation of the Facilities except for those functions which Seller, or the Subsidiary Lessee, as the case may be, is required to perform as the holder of the necessary Licenses, until such time as Buyer, in accordance with applicable law, either (i) obtains nursing licenses for the Facilities in its own name or (ii) is authorized by the applicable state and federal governmental authorities to bill xxxer the Seller's, or the Subsidiary Lessee's, Medicare and Medicaid Provider numbers for services rendered by it after the Effective Time, provided that in no event shall any obligation of the Seller or the Subsidiary Lessee hereunder require that Seller or Subsidiary Lessee assume pursuant to Section 365 of the Bankruptcy Code any provider agreement to which Seller, Subsidiary Lessee or any of their Affiliates may be a party.
Failure to Obtain. Failure of Contractor to demand such certificate or other evidence of full compliance with these insurance requirements or failure of Contractor to identify a deficiency from evidence that is provided shall not be construed as a waiver of Subcontractor’s obligation to maintain such insurance.
Failure to Obtain. Upon failure of RAC to provide and maintain the insurance required herein after a ten (10) day prior written notice to comply from State, State may, but shall not be required to, procure such insurance at RAC’s sole cost and expense and RAC agrees to immediately reimburse State for any and all costs thereof plus fifteen percent (15%) for administrative overhead. Any lapse in, or failure by RAC to procure, maintain, and keep in full force and effect, such insurance coverage as is required under this Agreement, at any time during and throughout the term of this Agreement, shall be a violation of this Agreement and shall give State the right to assess additional rent and charges and/or terminate this Agreement pursuant to Article V (RAC Payments) and Article XIII (Termination or Transfer By State), respectively, hereof.
Failure to Obtain. In the event that the spouse of a Member fails to execute and deliver a Spousal Consent and Agreement within 5 days after the date such Spousal Consent and Agreement is required to be so executed and delivered under 14.8.1, the Manager may take all actions it deems necessary and appropriate to protect the interests of the Company, including, without limitation, causing the withdrawal of such Member; and, notwithstanding any other provision of this Agreement (including the Economic Exhibits), such former Member’s interest in the Company shall be extinguished in its entirety.
Failure to Obtain. (A) Micron shall use reasonable efforts to obtain the **** as promptly as possible.
(B) If the **** has not been obtained in accordance with Section 5.2(D)(1) by the later of the date on which all other conditions to Closing have occurred and May 4, 2012, and Micron Singapore has not waived the Closing condition set forth in Section 5.2(D)(1), Intel Singapore, Micron Singapore and IMFS shall promptly (and in any event, prior to May 31, 2012, unless otherwise agreed to by such Parties) enter into a new agreement for a transfer of Intel Singapore’s equity interest in IMFS to Micron Singapore on terms and conditions that are equivalent, as nearly as practicable, to the terms of the IMFS BSA.
(C) If the **** has not been obtained by the later of the date on which all other conditions to Closing have occurred and May 4, 2012, and Intel Singapore has not waived the Closing condition set forth in Section 5.2(D)(2), Intel Singapore shall be responsible for ****, and Micron Singapore shall be responsible for ****, of any **** on the transfer of Intel Singapore’s interest in IMFS to Micron Singapore pursuant to any new agreement entered into pursuant to ****. If Intel Singapore waives the Closing condition set forth in Section 5.2(D)(2), Intel Singapore shall be responsible for ****, and **** shall be responsible for ****, of any **** on the transfer of the IMFS Premises to Micron Singapore pursuant to the IMFS BSA.
(D) Whether ****’s acquisition of the **** is consummated under the **** or as an acquisition of **** in ****, **** will indemnify, defend and hold harmless **** and its Affiliates from and against any and all liabilities, damages, losses, costs and expenses (including Taxes, reasonable attorneys’ and consultants’ fees and expenses) relating in any manner to **** arising with respect to such acquisition, except with respect to **** allocated, and to the extent allocated, to **** pursuant to Section 4.12(C).
(A) From and after the Closing, neither **** nor **** will have any interest in, or right or claim to any allocation of, share of or benefit from the **** or **** accruing or received after the Closing, including any monies received by ****, relating to such **** after the Closing (the “Post-Closing Benefits”).
(B) will indemnify, defend and hold harmless **** and **** from and against any and all liabilities, damages, losses, costs and expenses (including Taxes, reasonable attorneys’ and consultants’ fees and expenses) arising from (i) **** or **** b...
Failure to Obtain. If Tenant fails to secure or maintain any insurance coverage required hereunder or should the insurance secured fail to be approved by Landlord, acting reasonably, and such failure or approval not be corrected within forty-eight (48) hours after written notice from Landlord, Landlord may, at its sole discretion, purchase such insurance coverage required at Tenant’s reasonable expense. Tenant shall reimburse Landlord on demand for any reasonable monies expended to secure such coverage plus interest at the rate of 6% per year from the date of the expenditure.
