Failure to Progress Sample Clauses

Failure to Progress. If the apprentice does not meet the Standards of Achievement, and/or fails to follow the Apprentice Roles and Responsibilities as defined in the Apprentice Administrative Manual, he or she will be placed on an Action Plan. Time Period Number of Action Plans Permitted Subject to JATC Removal: 1st Step – 4th Step (0 mo – 24 mo) Up to two total Action Plans during the entire program, four steps. If there is a need for a 3rd Action Plan at any point in time during the four-step program, the apprentice is subject to be removed by the JATC. • The Action Plan will: o Begin on the day a deficiency is presented to the apprentice and supervisor by the Apprentice Training Coordinator, and be scheduled to end in no later than 90 consecutive days unless special provisions have been approved by the JATC. o End on the day the requirements in the Action Plan are fulfilled. • All action plans must be presented to the JATC for review and approval. The JATC has the final authority to: o Approve/Extend an Action Plan o Remove an apprentice from the program If an apprentice has exhausted his or her allotment of Action Plans, the apprentice will have their apprentice training program suspended by the Apprentice Transmission System Operator program leader/Local Review Committee (LRC) members pending review by the JATC. All apprentice removals are subject to review and approval by the JATC. The JATC will rely on PG&E leaders (Supervisors) to use the Positive Discipline (PD) process to address apprentices' attitudes, behaviors and attendance. This proposed agreement has been reviewed by Assistant Business Manager Xxx Xxxxxxx. If you agree, please so indicate in the space provided below and return one executed copy of this letter to the Company. Very truly yours, PACIFIC GAS & ELECTRIC COMPANY By: Xxxxxxx Xxxx Director The Union is in agreement. LOCAL UNION NO. 1245, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL- CIO February 4 , 2020 By:
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Failure to Progress. If an apprentice does not meet the Standards of Achievement, and/or fails to follow the Apprentice Roles and Responsibilities as defined in the Apprentice Administrative Procedures Manual, he or she will be placed on an Action Plan. The Action Plan will: • Begin on the day a deficiency is presented to the Apprentice and Supervisor by the Apprentice Coordinator and be scheduled to end in no later than 90 consecutive days unless special provisions have been approved by the JATC. • End on the day the Action Plan requirements are fulfilled. All Action Plans must be submitted to the JATC for review and approval. The JATC has the final authority to: • Approve / extend an Action Plan. • Remove an apprentice from the program.
Failure to Progress. Awardee agrees to provide the Solution in an efficient and timely manner applying commercially reasonable standards. The Statement of Work provides certain Deliverable Dates for the delivery of certain Critical Deliverables identified therein. If Delivery of any Critical Deliverable shall not have been completed by the Deliverable Date for such Critical Deliverable, and such delay is not materially caused by any fault of District or a third party over which Awardee does not have the right to control, the District shall give Awardee notice providing a period of not less than thirty (30) days to complete Delivery of such Critical Deliverable. In the event that Awardee shall fail to complete Delivery of the Critical Deliverable identified in such notice within the stated cure period, the District may, in its sole discretion, thereafter either (a) extend the time for cure, or (b) declare an immediate termination of this Agreement (or Services related to such Critical Deliverable) for Failure to Progress without further payment obligation on the part of the District with respect to the portion so terminated (other than charges already due and owing). In the event of a termination for Failure to Progress in accordance with this section, the District shall have no further liability to Awardee with respect to any payments not yet due and owing that are related to the portion so terminated.
Failure to Progress. If, Recursion has not, for a period of consecutive twelve (12) months, either directly or through its Affiliates or Sublicensee, conducted, or cause to be conducted, any material activities in support of the Development or Commercialization of a Compound or Product, and has not demonstrated that it has used Commercially Reasonable Efforts towards the Development or Commercialization of a Compound or Product as provided in Section 3.4, and such failure to progress is not due to events beyond the reasonable control of Recursion, then Takeda may terminate this Agreement upon [***] written notice to Recursion unless Recursion cures such failure to progress during such [***] period.

Related to Failure to Progress

  • Failure to Fulfill Conditions In the event that either of the parties hereto determines that a condition to its respective obligations to consummate the transactions contemplated hereby cannot be fulfilled on or prior to the termination of this Agreement, it will promptly notify the other party.

  • Failure to Perform In the event of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.

  • Failure to Pursue Remedies The failure of any party to seek redress for violation of, or to insist upon the strict performance of, any provision of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.

  • Failure to Defend If the Indemnifying Party, within a reasonable time after notice of any such Claim, fails to defend such Claim actively and in good faith, the Indemnified Party will (upon further notice) have the right to undertake the defense, compromise or settlement of such Claim or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall thereafter have no right to challenge the Indemnified Party's defense, compromise, settlement or consent to judgment.

  • Lenders’ Failure to Perform All Advances (other than Swing Loans and Agent Advances) shall be made by the Lenders contemporaneously and in accordance with their Pro Rata Shares. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Advance (or other extension of credit) hereunder, nor shall any Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligations hereunder, and (ii) no failure by any Lender to perform its obligations hereunder shall excuse any other Lender from its obligations hereunder.

  • Failure to Supply If IPC is unable (or anticipates an inability) to manufacture or deliver all or a portion of a Product to Tris as required by a confirmed or accepted Purchase Order pursuant to Section 3.3 of this Agreement, IPC shall promptly notify Tris in writing of the period for which such inability (or anticipated inability) to so manufacture or deliver is expected (an “Anticipated Inability to Deliver”). For avoidance of doubt, so long as IPC uses Commercially Reasonable Efforts and the anticipated inability is a force majeure event, IPC shall not be in breach of the Purchase Order(s) affected nor this Agreement, however, regardless of whether or not IPC has breached a Purchase Order or this Agreement it shall still be liable for Cover and the other obligations set forth in this Section 3.10. In the event IPC is unable to meet Tris’s Purchase Orders or IPC issues a notice of an Anticipated Inability to Deliver, IPC’s obligation to supply shall continue but Tris’ obligation to purchase the Product that IPC is unable to timely supply in accordance with Section 3.3 above shall be suspended and Tris, without relieving IPC of its obligations under Section 3.3, may mitigate its damages by purchasing from another Person the quantity of substitute product that it requires beyond what IPC is able to deliver. Tris shall use Commercially Reasonable Efforts to obtain such substitute product at a reasonable price and communicate same to IPC in writing. Tris shall be entitled to deduct the difference in cost paid by Tris for such substitute product over the cost of the Product (“Cover”), if any, from any amounts otherwise payable to IPC hereunder, and, to the extent not so offset, IPC shall reimburse Tris for such Cover , within thirty (30) days of receipt of invoice from Tris. IPC will not be entitled to any share of positive Net Profits for sale of substitute product not sourced by Tris from IPC hereunder (provided IPC shall continue to fund its share of negative Net Profits), except to the extent IPC has fully reimbursed Tris for the Cover expense with respect to such product. If at any time thereafter during the Term, IPC is able to timely deliver Product in satisfaction of Tris’ Purchase Orders, IPC shall so notify Tris in writing and, subject to Tris’ contractual commitments to third parties, Tris shall undertake commercially reasonable efforts to limit such contractual commitment in order not to exceed IPC’s volume and period it is unable to supply, Tris will resume purchasing the Product from IPC. If IPC’s inability to timely deliver to Tris the quantity of the Product described in this Section 3.3 continues for a period beyond three (3) months, Tris may terminate this Agreement upon thirty (30) days’ notice in writing to IPC. IPC shall reimburse Tris for any failure to supply and late supply penalties and/or damages charged to Tris for late supply or non-supply caused by IPC’s failure to timely supply Product pursuant to Purchase Orders delivered to IPC in accordance with this Agreement. For clarity and audit purposes, such failure to supply penalties shall be supported by appropriate invoices detailing the failure to supply penalties issued by the affected customers and wholesallers of Tris. IPC shall reimburse Tris for such penalties and damages, within ten (10) days of receipt of invoice for same from Tris, provided that if such invoice is not timely paid, Tris may at its option offset such amounts owed against other amounts payable by Tris to IPC.

  • Service Level Standards In addition to all other requirements in this Agreement, and in accordance with the Best Claims Practices & Estimating Guidelines, Vendor shall use reasonable and good faith efforts to meet the Service Level Standards set forth below.

  • Service Level In the event that League InfoSight discovers or is notified by you of the existence of Non-Scheduled Downtime, we will use commercially reasonable efforts to determine the source of the problem and attempt to resolve it as quickly as possible.

  • Disclosure to numbering service providers (a) Any Finance Party may disclose to any national or international numbering service provider appointed by that Finance Party to provide identification numbering services in respect of this Agreement, the Facility and/or one or more Obligors the following information:

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