Failure to Perform Services. 1. In the event the Contractor fails to perform the work required by the terms herein in a diligent and satisfactory manner the County may at its own option and without prejudice to any other rights, may perform or cause to be performed all or any part of the work. Contractor shall be required to reimburse the County for any expense incurred or the County may deduct the amount from any sum owed to Contractor.
2. Contractor will post and maintain all signs, barricades, and other safeguards required by law, ordinance, or good judgement.
3. Contractor shall bear full responsibility for the protection and safety of public, personnel, materials and surfaces in the vicinity of the work being performed.
4. No advertisement signs shall be permitted.
Failure to Perform Services. 5.1 Without limiting any other available remedy, if the Supplier fails to provide the Services in accordance with this Agreement, the Company will not be required to pay for those Services until they are provided correctly and may require the Supplier to remedy any default or re-perform the Services within the time specified by the Company.
5.2 If a default referred to in clause 5.1 is not capable of being remedied or the Services are not capable of being re-performed, or the Supplier fails within the time specified to remedy the defect or default or re-perform the Services, the Company may either have the Services remedied or re- performed by a third party or do so itself. In either case, the Supplier must pay the reasonable costs incurred by the Company in doing so.
Failure to Perform Services. In the event Provider cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:
Failure to Perform Services. In the event Xxxxxx XxXxx' Weddings cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:
Failure to Perform Services. In the event Designer cannot or will not perform her obligations in any or all parts of this Agreement, she (or a responsible party) will: Immediately give Notice to Client; Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and Excuse Client of further performance obligations in this Agreement.
Failure to Perform Services. Should the County fail to adequately perform the services under the terms of this Agreement, the County may not be permitted to continue to perform services. CDCR shall state in writing the reasons the County does not meet the Agreement standards. The County is required to comply with any CAP issued as a result of a performance evaluation. Continued failure to provide and/or improve services within the timeframe(s) established in the CAP(s) may result in a termination of the Agreement.
Failure to Perform Services. Without limiting Paragraph 5(f) above, with respect to Errors in the TiVo Experience Software, if TiVo fails to perform in accordance with the initial response and target resolution responsibilities set forth in Paragraph 5(c) above, upon notice to TiVo thereof, Comcast [*]. With respect to Errors in the XXXX Solution, if TiVo fails to perform in accordance with the initial response and target resolution responsibilities set forth in Paragraph 5(c) above, upon notice to TiVo thereof, (i) [*], (ii) [*], (iii) [*] in the subsequent [*], provided, however, that in the event there is [*] and (iv) in the event that such failure is occurring [*]. For the sake of clarity, (x) if TiVo’s failure to perform relates to its initial response responsibilities, [*] and (y) in no case will Comcast [*].
Failure to Perform Services. Franchisee ceases to provide collection, transportation, processing, or street sweeping services as required under this Agreement for a period of two (2) consecutive calendar days or more, for any reason within the control of Franchisee.
Failure to Perform Services. Should Carrier or any of its employees, agents, representatives or contractors fail to make a required shipment or a required loading or unloading, or otherwise fail to perform any other obligations hereunder, which failure is not excused by a force majeure condition (as defined in Section 11 hereof), TMS/USA may either (a) secure another carrier or contractor to perform such services and Carrier shall pay all costs incurred by TMS/USA for alternate transportation services or (b) terminate this Agreement either in its entirety or with respect to discrete Origin Point(s) and/or Destination Point(s).
Failure to Perform Services. In the event Designer cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:
