Failure to Obtain Approval. If the Construction Manager has been directed by the Owner to proceed with the Pre-Construction Services and approval of the Project is not obtained from the Owner’s Board of Regents, then the Owner shall direct the Construction Manager to stop Work, and the Owner shall pay the Construction Manager for all Services rendered prior to its being directed to stop Work.
Failure to Obtain Approval. Absence of an employee from duty, including any absence for a single day or a part of a day, which is not authorized by a specific grant of leave of absence under the provisions of this Agreement, shall be deemed to be an unexcused absence without pay and subject to disciplinary action. The disciplinary action may be termination.
Failure to Obtain Approval. The undertaking of any Enhancement without Completion Guarantor’s prior written approval shall, in addition to being deemed to be a material breach by Producer hereof, be grounds for Completion Guarantor to, acting reasonably, invoke one, all, or any reasonable combination of Completion Guarantor’s rights, remedies, powers and defenses hereunder or as a secured party, at law or equity.
Failure to Obtain Approval. If this Agreement is not given preliminary or final approval by the Court, or if an appellate court reverses final approval of the Agreement, the Parties will seek in good faith to revise the Agreement as needed to obtain Court approval. Failing this, the Parties will be restored to their respective places in the litigation. In such event, the terms and provisions of this Agreement will have no further force or effect with respect to the Parties and will not be used in this or any other proceeding for any purposes, and any Judgment or Order entered by the Court in accordance with the terms of this Agreement will be treated as vacated. The Parties agree that, in the event of any such occurrence, the Parties shall stipulate or otherwise take all necessary action to resume this Action at the procedural posture it occupied immediately prior to the filing of the Parties’ Notice of Settlement, as though this Agreement had never been reached.
Failure to Obtain Approval. A. Unless otherwise specified in Section 6.1 (Gap Approval) or otherwise specifically set forth in this Agreement, any consents, authorizations, amendments, or other approvals required under this Agreement must be obtained from Gap’s Chief Information Officer or Gap’s Infrastructure Partnership Executive.
B. If Supplier provides Services (or services other than those specified in this Agreement) to Gap without obtaining Gap Approvals in writing, as set forth in this Section, such Services (or other services) shall be deemed to be a gratuitous effort on the part of Supplier and Supplier shall have no claim whatsoever against Gap therefor (it being understood by the Parties that Supplier shall have no obligation to continue to provide such gratuitous Services (or other services) unless Approved by Gap in which case Gap shall compensate Supplier in accordance with this Agreement). Any services other than those specified under this Agreement that are Approved by Gap under the preceding sentence shall become a part of the Services and shall be subject to the terms and conditions of this Agreement.
C. If Supplier provides Services (or services other than those specified in this Agreement) that are deemed to be a gratuitous effort pursuant to subparagraph B above, constituting Equipment, Supplier Proprietary Software or commercially available off-the-shelf Supplier Third Party Software (e.g., Microsoft NT, Sun Solaris, HP Open View) and unless otherwise Approved, Gap shall permit Supplier to remove such Equipment, Supplier Proprietary Software or commercially available off-the-shelf Supplier Third Party Software at Supplier’s sole cost and expense and at Gap’s reasonable convenience.
D. If Supplier provides Services (or services other than those specified in this Agreement) that are deemed to be a gratuitous effort pursuant to subparagraph B. above, constituting Gap Custom Software, Gap shall be entitled to retain and use such Gap Custom Software free of Charge, except that such Gap Custom Software shall not be deemed to be part of the Services subject to this Agreement and shall be provided to Gap by Supplier on an “AS IS” basis.
E. Gap shall provide Supplier with notice of any such gratuitous effort to the extent such gratuitous effort is known by Gap’s Governance Team as detailed in Section 19.1 (Governance). __________________________ *Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been r...
Failure to Obtain Approval. The Borrower fails to obtain, renew, maintain, or comply with any approval, license, or consent from any relevant government department that is necessary for the Borrower’s business operations and maintaining the validity of the Collateral; or such approval, license, or consent is canceled, terminated, revoked, invalid or not acquirable; and such event is reasonably believed to have adverse effect on the Borrower’s capacity in performing its obligations under this Agreement, Security Documents to which the Borrower is a party, or any related documents.
Failure to Obtain Approval. Licensee shall not have the right to manufacture, offer for sale, sell, distribute, ship, or use any proposed Licensed Article or item of Advertising Material unless it has complied with all of the approval procedures and requirements set forth in this Section 7 and has obtained Licensor's prior written approval. Failure by Licensee to comply with the provisions of this Section 7 shall constitute a material breach of this License Agreement and shall be grounds for termination of the Licensed Rights by Licensor unless Licensee cures such breach within thirty (30) days thereafter by destroying all inventories of such unapproved Licensed Articles in its possession and recalling from its customers and destroying all such unapproved Licensed Articles that have previously been shipped. If Licensor elects to terminate the Licensed Rights for Licensee's failure to obtain approval, then Licensee may not dispose of its inventory of such unapproved Licensed Articles pursuant to Section 15.
Failure to Obtain Approval. In the event any Improvement is made without the approvals required pursuant to this article, then, upon notice in writing, Concessionaire shall remove the same, or at the option of the Contract Administrator, cause the same to be changed to the satisfaction of the Contract Administrator. In the case of any failure on the part of Concessionaire to comply with such notice, County may affect the removal or change and Concessionaire shall pay the cost thereof to County within ten (10) Days following written demand for said payment, together with interest thereon at the rate of eighteen percent (18%) per annum from the date the expense was incurred by County.
Failure to Obtain Approval. If this Agreement is not given preliminary or final approval by the Court, or if an appellate court reverses final approval of the Agreement, the Parties will seek in good faith to revise the Agreement as needed to obtain Court approval, provided, however, that no party may use subsequent legal developments or other intervening events, other than the decision(s) denying or reversing approval of the Agreement, as justification for renegotiating the settlement. Failing this, the Parties will be restored to their respective places in the litigation. In such event, the terms and provisions of this Agreement will have no further force or effect; the Parties’ right and defenses will be restored, without prejudice, to their respective positions as if this Agreement had never been executed; and any orders entered by the Court in connection with this Agreement will be vacated.
Failure to Obtain Approval. If this Agreement is not given preliminary or final approval by the Court, or if an appellate court reverses final approval of the Agreement, the Parties will seek in good faith to revise the Agreement as needed to obtain Court approval. Failing this, the Parties will be restored to their respective places in the litigation. In such event, the terms and provisions of this Agreement will have no further force or effect with respect to the Parties and will not be used in this or any other proceeding for any purposes, and any Judgment or Order entered by the Court in accordance with the terms of this Agreement will be treated as vacated. The Parties agree that, in the event of any such occurrence, the Parties shall stipulate or otherwise take all necessary action to resume in the Northern District of New York the action XxXxxxxxxx x. Xxxxxxx Sales Company for all further pre-trial and trial proceedings, and to resume this Action at the procedural posture it occupied immediately prior to the filing of Plaintiffs’ Third Amended Complaint, as though this Agreement had never been reached.
