Failure to Proceed. After the grievance has been reduced to writing, the failure of a grievant to proceed to the next step of the grievance procedure within the time limits as set forth shall be deemed to be an acceptance of the decision previously rendered, and shall constitute a waiver of any future appeal concerning the particular grievance. The failure of the Board, or its representative, to respond to any step within the time limits specified shall advance the grievance to the next step.
Failure to Proceed. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City’s reconsideration and rescission of any site or building plan approval or any other approval in connection with this or the Property.
Failure to Proceed a. If Developer fails to prosecute the work of the development with promptness and diligence, or fails in the performance of any of the provisions contained in this Agreement, the Township shall give to Developer written notice of such default. In the event Developer does not commence to correct such default within five (5) business days of such notice, and thereafter to diligently continue to correct such default, the Township shall have the right to secure materials of the quality and quantity required by this Agreement and the Plan and the necessary numbers of workers, mechanics, and the required equipment in the open market at the then current market prices, from any party or parties, to cure such default. Provided, however, if the Township shall determine that curing such default shall require the Township to undertake completion of the Dedicated Improvements, the procedures and time limits of Paragraph 22 shall apply. Additionally, it is acknowledged by Developer that Township may need to pay prevailing wages or have other restrictions on the completion of improvements that may cause additional costs. Developer agrees that those additional costs shall be added to the other costs to Township to be paid by Developer.
b. Developer hereby grants to Township a temporary easement and right of way for purposes of entering upon the lands described in the Plan for purposes of the Township and the Township's agents implementing all rights of the Township under the MPC and under this Agreement.
Failure to Proceed. If Developer fails to prosecute the work of the development with promptness and diligence, or fails in the performance of any of the provisions contained in this Agreement, the Township shall give to Developer written notice of such default. In the event Developer does not commence to correct such default within two (2) business days of such notice, and thereafter to diligently continue to correct such default, the Township shall have the right to secure materials of the quality and quantity required by the Agreement and the Plans and the necessary numbers of workers, mechanics and the required equipment in the open market at the then current market prices, from any party or parties, to cure such default. Provided, however, if the Township shall determine that curing such default shall require the Township to undertake completion of the Improvements, the procedures and time limits of Paragraph 18(A) shall apply. If the Township secures workers, mechanics and equipment in the open market to carry forward such work, the Township shall have the right to take possession of all materials, tools, appliances and equipment on the premises intended for use in the performance of this Agreement for the purpose of including them in the Improvements, and Developer hereby assigns to the Township all of its right, title and interest in and to such materials, tools, appliances and equipment for use in the completion of the Improvements. All workmanship and materials incorporated in the Improvements shall be subject to inspection, examination and testing at any time and at all times during the installation or construction and at any and all places where such installation or construction is carried on. The Township shall have the right to reject defective materials and workmanship; and such workmanship shall be satisfactorily corrected, and rejected materials, equipment and other articles shall be replaced. If Developer fails to proceed at once with the replacement of rejected materials, equipment or articles or the correction of any defective workmanship, the Township may proceed with the work as provided in this Paragraph.
Failure to Proceed. If the employee or the Union fails to pursue the grievance to the next step within the prescribed time limit, the grievance shall be dropped.
Failure to Proceed. No grievance shall be processed or entertained unless it is filed in writing in accordance with the provisions of step 1 below. If an employee or the Union fails to pursue a grievance to the next step within the prescribed time limits, the grievance shall be dropped.
Failure to Proceed. Failure at any step of the procedure to communicate the decision on a grievance within the specified time limits shall permit the aggrieved party to proceed to the next step.
Failure to Proceed. Failure of the grievor or the Union to process a grievance to the next step in the grievance procedure within the time limit specified, shall not be deemed to have prejudiced the Union on any future identical grievance.
Failure to Proceed. If Developer fails to prosecute the work of the development with promptness and diligence, or fails in the performance of any of the provisions contained in this Agreement, the Township shall give to Developer written notice of such default. In the event Developer does not commence to correct such default within two (2) business days of such notice, and thereafter to diligently continue to correct such default, the Township shall have the right to secure materials
Failure to Proceed. No grievance shall be processed or entertained unless it is filed in writing in accordance with the provisions of Step One below.
