Failure to Operate. After the Commercial Operation Date, Provider fails to operate the Project for a period of 90 days which failure is not due to equipment failure, or damage to the Project, act of governmental authority, or exercise of Provider’s rights under this Agreement, or otherwise excused by the provisions of Section 17(b) (relating to Force Majeure Events); and Provider fails to resume operation within thirty (30) days after receipt of notice from Host stating that, in Host’s reasonable determination, Provider has ceased operation of the Project, provided, however, that the cure period shall be extended by the number of calendar days during which Provider is prevented from taking curative action if Provider had begun curative action and was proceeding diligently, using commercially reasonable efforts, to complete such curative action.
Failure to Operate. If Borrowers fail to continuously operate the improvements on the Properties or any material portion thereof, as ski resorts and related purposes, other than temporary cessation in connection with making repairs and renovations pursuant to the terms of this Agreement or with the prior consent of Lender; or
Failure to Operate. The Faire will not be heled responsible should it fail to open due to an Act of God or any regulation of any public authority, civic turmoil, condition or war or any such issue. Similarly, should the Faire be forced to close due to inclement weather, no compensation shall be sought from the Faire.
Failure to Operate. In the event that FirstWorld fails to operate the Irvine Networks or otherwise provide fiber optic telecommunications service on the Irvine Networks for a consecutive period of five (5) days or more then, in addition to any other rights or remedies of Irvine hereunder and subject to the rights and remedies of any Lender under Articles 11 and 12, Irvine may until such failure is cured by FirstWorld (but shall not be obligated to) either remedy such failure directly or cause another fiber optic service provider to provide service, as an agent or contractor of Irvine, utilizing the Irvine Networks. In either such case, FirstWorld shall upon Irvine's demand bear all expenses for, or reimburse Irvine for, all costs incurred in connection with, Irvine's exercise of its rights under this Section 5.
Failure to Operate. (i) any Credit Party shall fail to operate its business for any period of time which, in the aggregate, would reasonably be expected to cause a Material Adverse Effect or (ii) any Substantial Portion shall not, for any reason (including loss of an FCC License or otherwise) be operating for a period in excess of 30 (30) days. For purposes of this Section 10.1(s). “Substantial Portion” means any portion of the telecommunications system of the Credit Parties that has generated, for the most recently completed twelve–month period, in excess of 5% of the gross revenues of the Credit Parties.
Failure to Operate failure to operate any Dealer Location in the normal course of business for seven (7) consecutive calendar days;
Failure to Operate failure to operate any Dealer Location in the normal course of business for seven (7) consecutive calendar days other than due to a force majeure event, provided that within three (3) months from the seventh day of closure due to the force majeure event, Dealer shall submit a plan to New Holland detailing how Dealer shall return to operation at the affected Dealer Location, which plan must be acceptable to New Holland in its reasonable discretion;
e. Subparagraph (h) is amended to delete “or any Dealer Principal” from such section.
f. Subparagraph (k) of Section 27.4 is replaced in its entirety with the following:
Failure to Operate. The failure of Sublicensee to commence operations at a Service Area within 30 days after the applicable License’s Commencement Date shall constitute a Default. Default under this section 10.7 shall be deemed a non-curable Default for which Licensor shall have the right to terminate the License granted with respect to the applicable Facility immediately upon written notice of Default to Licensee.
Failure to Operate failure to operate any Dealer Location in the normal course of business for seven (7) consecutive calendar days; (h) Criminal and/or Tortious Conduct: Dealer or any Dealer Principal has pleaded guilty to or been convicted of a felony or any other violation of law that in Case IH’s opinion affects adversely the operation or business of Dealer, or the good name, goodwill or reputation of Case IH, Products, Licensed Trademarks, Dealer, or other authorized dealers of Products; (i) Dealer Closure/Loss of License: (i) a permanent closure of any Dealer Location without the prior written consent of Case IH; or (ii) the revocation, suspension or other invalidation of any Dealer license, permit or authorization necessary to conduct business pursuant to this Agreement; (j) Inspection/Audit Refusal: any failure by Dealer to permit Case IH to inspect or audit Dealer’s inventory or business and financial records pursuant to Section 16.4; (k) Detrimental Conduct: any conduct by Dealer or any Dealer Principal which in the sole discretion of Case IH: (i) is injurious or detrimental to Dealer’s Customers, the public welfare, other authorized dealers of Products, or the reputation of Case IH, Products and the Licensed Trademarks; (ii) is unbecoming of a reputable business person; (iii) is abusive or threatening to any Case IH employee; or (iv) evidences a disagreement between any Dealer Principals that in Case IH’s opinion adversely affects the operation of Dealer or the good name, goodwill or reputation of Case IH, Products, Licensed Trademarks, or Dealer; (l) Breach of Confidentiality: any misuse or unauthorized disclosure of Case IH IP, Company Information or Authorized Software; (m)
Failure to Operate. After the Commercial Operation Date, [PROVIDER COMPANY] fails to operate the Project for a period of [NUMBER OF DAYS 23] which failure is not due to equipment failure, or damage to the Project, act of governmental authority, or exercise of [PROVIDER COMPANY]'s rights under this Agreement, or otherwise excused by the provisions of [SECTION 17(17.02)] (relating to Force Majeure Events); and [PROVIDER COMPANY] fails to resume operation within [NUMBER OF DAYS 24] after receipt of notice from [COMPANY 1] stating that, in [COMPANY 1]'s reasonable determination, [PROVIDER COMPANY] has ceased operation of the Project , provided, however, that the cure period shall be extended by the number of calendar days during which [PROVIDER COMPANY] is prevented from taking curative action if [PROVIDER COMPANY] had begun curative action and was proceeding diligently, using commercially reasonable efforts, to complete such curative action.
