Failure to Provide Access Sample Clauses

Failure to Provide Access. Beginning on the Amendment Effective Date, if Google fails to offer a free service to end users with respect to any work in the Non-Settlement Digital Copy that Google has determined to be in the public domain that enables end users to search, view and print the full text of that public domain work (unless the Digital Copy of such work is excluded by Google for quality, technical, or legal reasons) for (i) any period of six (6) contiguous months or (ii) any two (2) periods of ninety (90) contiguous days, which periods occur in any period of twenty-four (24) contiguous months, then all restrictions and requirements set forth in the Agreement (including without limitation Sections 4.4.1, 4.4.2, and this 4.4.4) regarding use or distribution of the Digital Copy of that public domain work for which Google failed to offer such services by U of M or by any recipient entity will terminate, provided U of M has provided written notice to Google of such failure and Google has not remedied such failure within thirty (30) days following Google’s receipt of such notice.
Sample 1Sample 2
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Failure to Provide Access. If the Company Representative does not give the Contractor access to the Site within seven days after the later of: (a) the Commencement Date for the Services, or the Date for Delivery for the Goods; (b) the date on which the Contractor gave Notice under Xxxxxx (ii) of this Schedule 1; and (c) any later time agreed by the Contractor, then the delay: (d) if due to the Contractor’s non-compliance with Clause (i) of this Schedule 1, does not entitle the Contractor to any extension of the Date for Completion; or (e) if for any other cause, does not constitute a breach of contract but entitles the Contractor to claim an extension of the Date for Completion.
Sample 1
Failure to Provide Access. In the event FHKC determines that INSURER or its Providers, has failed to meet the access standards established in this Contract, FHKC shall notify INSURER of its non-compliance. Such notice may be provided via facsimile or other means, specifying the failure in such detail as will reasonably allow INSURER to investigate and respond within five (5) business days for non-emergency care. Response to emergency or urgent non-compliance issues must be immediate upon receipt of notice. Florida Healthy Kids Corporation October 1, 2008 If any such failure to provide access constitutes a material breach of this Contract, as determined by FHKC in its sole discretion, such material breach shall entitle FHKC to unilaterally terminate this Contract. Termination for material breach shall proceed pursuant to Section 4-18(C). Upon FHKC identifying a material breach by INSURER, to address the ongoing health care needs of Enrollees, FHKC may direct Enrollees to seek such services outside of INSURER’s Provider network. Should FHKC direct such action, INSURER shall be financially responsible for all such services.
Sample 1
Failure to Provide Access. If T3 fails to provide physical access to the Premises or fails to make the space ready for Customer use, and if such failure delays installation of Customer's equipment at such Premises, the Effective Date shall be delayed until the earlier of the date T3 provides such physical access or the date Customer's Equipment is installed. In such event, T3 and Customer shall confirm in writing the amended Effective Date and initial termination date for the initial Colocation Service Term. In the event T3 has not provided physical access and a space ready for installation on or before ninety (90) days following the date of this Agreement, then Customer may terminate this Agreement with no further obligations.
Sample 1
Failure to Provide Access. In the event the Agency determines that VENDOR or its Providers, has failed to meet the access requirements under this Contract and the ITN, the Agency shall notify VENDOR of its non-compliance. Such notice may be provided via facsimile or other means, specifying the failure in such detail as will reasonably allow VENDOR to investigate and respond within five (5) business days for non-emergency care. VENDOR’s response to emergency or urgent non-compliance issues must be immediate upon receipt of notice. If any such failure to provide access constitutes a material breach of this Contract, as determined by the Agency in its sole discretion, such material breach shall entitle the Agency to unilaterally terminate this Contract. Upon the Agency identifying a material breach by VENDOR, the Agency may, in an effort to address the ongoing health care needs of Enrollees, direct Enrollees to seek such services outside of VENDOR’s Provider network. Should the Agency direct such action, VENDOR shall be financially responsible for all such services. 4-3 Integrity of Professional Advice to Enrollees VENDOR must comply with 42 C.F.R. section 457.985, which prohibits VENDOR from interfering with the advice of health care professionals to Enrollees and requires that professionals engaged in the performance of VENDOR’s duties under this Contract give information about treatments to Enrollees and their families as provided by law. 4-4 Covered Benefits VENDOR agrees to provide Enrollees all covered benefits set forth in VENDOR’s response to the ITN and agreed to by the Agency, as well as set forth on Attachment A to this Contract.
Sample 1
Failure to Provide Access. In the event that Tenants are prevented from using, and do not use, the premises or any portion thereof as a result of any negligent or willful failure of Landlord to provide access to the premises, then Tenants shall promptly give Landlord notice thereof (“Tenants’ Notice”). Landlord shall respond in writing to Tenants’ Notice within three (3) days of receipt of Tenants’ Notice explaining the circumstances for such use prevention or failure of Landlord to provide services or access. In the event that Tenants are prevented from using the premises or a portion thereof as a result of such events for a period of ten (10) consecutive business days or twenty (20) business days in any twelve (12) month period during the Lease term, all of Tenants’ Rent and the cost of utilities and Tenants’ share of Direct Taxes (collectively “Further Rent”), shall be abated or reduced, as the case may be, in the proportion that the rentable area of the portion of the premises that Tenants are prevented from using bears to the total rentable area of the premises, during the period Tenants are prevented from conducting their business from the premises or a portion of the premises. However, if through the negligent or willful failure of Landlord to provide access to the premises, Tenants are prevented from conducting their business in any portion of the premises, and the remaining portion of the premises is not sufficient to allow Tenants to effectively conduct their business therein, and if Tenants do not conduct their business from such remaining portion, then all of the Rent and the Further Rent for the entire premises shall be abated during said period; provided, however, if Tenants reoccupy and conduct their business from any portion of the premises during such period, the Rent and Further Rent allocable to such reoccupied portion, based upon the proportion which the rentable area of such reoccupied portion of the premises bears to the total rentable area of the premises, shall be payable by Tenants from the date such business operations commence.
Sample 1
Failure to Provide Access. In the event FHKC determines that INSURER or its Providers, has failed to meet the access standards established in this Contract, FHKC shall notify INSURER of its non-compliance. Such notice may be provided via facsimile or other means, specifying the failure in such detail as will reasonably allow INSURER to investigate and respond within five (5) business days for non-emergency care. Response to emergency or urgent non-compliance issues must be immediate upon receipt of notice. If any such failure to provide access constitutes a material breach of this Contract, as determined by FHKC in its sole discretion, such material breach shall entitle FHKC to unilaterally terminate this Contract. Termination for material breach shall proceed pursuant to Section 4-18(C). Upon FHKC identifying a material breach by INSURER, to address the ongoing health care needs of Enrollees, FHKC may direct Enrollees to seek such services outside of INSURER’s Provider network. Should FHKC direct such action, INSURER shall be financially responsible for all such services.
Sample 1
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Failure to Provide Access. Google agrees that to the extent that it or its successors use a work included in the Digitized Selected Content that Google has determined to be in the public domain in connection with any Google Services, it shall provide a service at no cost to end users for access te the display of the full text of the Digital Copy of that public domain work. If Google fails to offer such a free service to end users with respect to public domain works (unless the Digital Copy of such work is excluded by Google for quality, technical, or Iegal reasons) for (a) any period of six (6) contijuous months or (b) any two (2) periods of ninety (90) contiguous days, which periods occur in any perlod Of |enty-four (24) contiguous months, then all restrictions and requirements set forth in Sections 4.7 and
Sample 1
Failure to Provide Access. If Xxxxxxxx fails to provide physical access to the Transmission Site pursuant to the Subsection entitled Physical Access to Transmission Sites, the ​ Transmission Site Ready Date shall be delayed until the earlier of the date Xxxxxxxx provides such physical access or the date Cogent’s Equipment is installed.
Sample 1

Related to Failure to Provide Access

  • Failure to Provide Insurance Lessee acknowledges that any failure on its part to obtain or maintain the insurance required herein will expose Lessor to risks and potentially cause Lessor to incur costs not contemplated by this Lease, the extent of which will be extremely difficult to ascertain. Accordingly, for any month or portion thereof that Lessee does not maintain the required insurance and/or does not provide Lessor with the required binders or certificates evidencing the existence of the required insurance, the Base Rent shall be automatically increased, without any requirement for notice to Lessee, by an amount equal to 10% of the then existing Base Rent or $100, whichever is greater. The parties agree that such increase in Base Rent represents fair and reasonable compensation for the additional risk/costs that Lessor will incur by reason of Lessee's failure to maintain the required insurance. Such increase in Base Rent shall in no event constitute a waiver of Lessee's Default or Breach with respect to the failure to maintain such insurance, prevent the exercise of any of the other rights and remedies granted hereunder, nor relieve Lessee of its obligation to maintain the insurance specified in this Lease.

  • Obligation to Provide Information Each party’s obligation to provide information shall be as follows: (a) TAM shall cause the Subadviser to be kept fully informed at all times with regard to the securities owned by the Fund, its funds available, or to become available, for investment, and generally as to the condition of the Fund’s affairs. TAM shall furnish the Subadviser with such other documents and information with regard to the Fund’s affairs as the Subadviser may from time to time reasonably request. (b) The Subadviser, at its expense, shall supply the Board, the officers of the Trust and TAM with all information and reports reasonably required by them and reasonably available to the Subadviser relating to the services provided by the Subadviser hereunder, including such information the Fund’s Chief Compliance Officer reasonably believes necessary for compliance with Rule 38a-1 under the 1940 Act.

  • Agreement to Provide Information Intermediary agrees to provide the Fund, upon written request, the taxpayer identification number (“TIN”), the Individual Taxpayer Identification Number (“ITIN”), or other government-issued identifier (“GII”), if known, of any or all Shareholder(s) of the account and the amount, date, name or other identifier of any investment professional(s) associated with the Shareholder(s) or account (if known), and transaction type (purchase, redemption, transfer, or exchange) of every purchase, redemption, transfer, or exchange of Shares held through each account maintained by the Intermediary during the period covered by the request.

  • Duty to Provide Secure Data The Contractor will maintain the security of State of Florida data including, but not limited to, a secure area around any displayed visible data. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information.

  • To provide a copy of the relevant insurance certificate and policy to the Tenant at the start of the tenancy or as soon as possible thereafter.

  • Agreement to Provide Services Xxxxxxx Sachs hereby engages the Contract Underwriter, and the Contract Underwriter hereby agrees, to provide the following Services: (a) establish and maintain (or assist the Company in establishing and maintaining) relationships with owners of Contracts who are its customers or customers of other broker-dealers with whom it has entered into agreements to sell the Contracts (“Selling Dealers”); (b) provide Contract owners with “personal services” (within the meaning of NASD Conduct Rule 2830(b)(9)); (c) assist in the preparation of advertisements and other sales literature for the Contracts that describes or discusses the Funds; (d) provide sales compensation to representatives of the Contract Underwriter; (e) pay money to Selling Dealers for any of the foregoing purposes; and (f) perform any additional services primarily intended to result in the distribution of the Contracts and the sale of the Service Shares to the Company.

  • Owners Required To Provide Information From the Initial Date and prior to the Restriction Termination Date: (a) every owner of five percent or more (or such lower percentage as required by the Code or the U.S. Treasury Department regulations promulgated thereunder) of the Outstanding Shares, within 30 days after the end of each taxable year, shall give written notice to the Company stating the name and address of such owner, the number of Shares of each class and series Beneficially Owned and a description of the manner in which such Shares are held. Each such owner shall promptly provide to the Company in writing such additional information as the Company may request in order to determine the effect, if any, of such Beneficial Ownership on the Company’s qualification as a REIT and to ensure compliance with the Ownership Limits; and (b) each Person who is a Beneficial Owner or Constructive Owner of Shares and each Person (including the Member of record) who is holding Shares for a Beneficial Owner or Constructive Owner shall promptly provide to the Company in writing such information as the Company may request, in good faith, in order to determine the Company’s qualification as a REIT and to comply with the requirements of any taxing authority or governmental authority or to determine such compliance.

  • Agreement to Provide Shareholder Information 1. Each Intermediary agrees to provide the Fund, upon written request, the following shareholder information with respect to Covered Transactions involving the Funds: a. The taxpayer identification number (“TIN”) or any other government issued identifier, if known, that would provide acceptable assurances of the identity of each shareholder that has purchased, redeemed, transferred or exchanged shares of a Fund through an account directly maintained by the Intermediaries during the period covered by the request; b. The amount and dates of, and the Variable Product(s) associated with, such shareholder purchases, redemptions, transfers and exchanges; and c. Any other data mutually agreed upon in writing. 2. Under this Agreement the term “Covered Transactions” are those transactions which the Intermediaries consider when determining whether trading activity is excessive as described in their Excessive Trading Policy. 3. Requests to provide shareholder information shall set forth the specific period for which transaction information is sought. However, unless otherwise agreed to by the Intermediaries, any such request will not cover a period of more than 90 consecutive calendar days from the date of the request. 4. Each Intermediary agrees to provide the requested shareholder information promptly upon receipt of the request, but in no event later than 15 business days after receipt of such request, provided that such information resides in its books and records. If shareholder information is not on the Intermediary’s books and records, the Intermediary agrees to use reasonable efforts to obtain and transmit or have transmitted the requested information from the holder of the account.

  • LIFE COMPANY TO PROVIDE DOCUMENTS; INFORMATION ABOUT AVIF (a) LIFE COMPANY will provide to AVIF or its designated agent at least one (1) complete copy of all SEC registration statements, Account Prospectuses, reports, any preliminary and final voting instruction solicitation material, applications for exemptions, requests for no-action letters, and all amendments to any of the above, that relate to each Account or the Contracts, contemporaneously with the filing of such document with the SEC or other regulatory authorities. (b) LIFE COMPANY will provide to AVIF or its designated agent at least one (1) complete copy of each piece of sales literature or other promotional material in which AVIF or any of its affiliates is named, at least five (5) Business Days prior to its use or such shorter period as the Parties hereto may, from time to time, agree upon. No such material shall be used if AVIF or its designated agent objects to such use within five (5) Business Days after receipt of such material or such shorter period as the Parties hereto may, from time to time, agree upon. AVIF hereby designates INVESCO as the entity to receive such sales literature, until such time as AVIF appoints another designated agent by giving notice to LIFE COMPANY in the manner required by Section 9 hereof. (c) Neither LIFE COMPANY nor any of its affiliates, will give any information or make any representations or statements on behalf of or concerning AVIF or its affiliates in connection with the sale of the Contracts other than (i) the information or representations contained in the registration statement, including the AVIF Prospectus contained therein, relating to Shares, as such registration statement and AVIF Prospectus may be amended from time to time; or (ii) in reports or proxy materials for AVIF ; or (iii) in published reports for AVIF that are in the public domain and approved by AVIF for distribution; or (iv) in sales literature or other promotional material approved by AVIF , except with the express written permission of AVIF . (d) LIFE COMPANY shall adopt and implement procedures reasonably designed to ensure that information concerning AVIF and its affiliates that is intended for use only by brokers or agents selling the Contracts (i.e., information that is not intended for distribution to Participants) (“broker only materials”) is so used, and neither AVIF nor any of its affiliates shall be liable for any losses, damages or expenses relating to the improper use of such broker only materials. (e) For the purposes of this Section 4.5, the phrase “sales literature or other promotional material” includes, but is not limited to, advertisements (such as material published, or designed for use in, a newspaper, magazine, or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or other public media, (e.g., on-line networks such as the Internet or other electronic messages), sales literature (i.e., any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports, and proxy materials and any other material constituting sales literature or advertising under FINRA rules, the 1933 Act, or the 0000 Xxx.

  • Information and Services Required of the Owner The Owner shall provide information with reasonable promptness, regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, constraints, and criteria, including schedule, space requirements and relationships, flexibility and expandability, special equipment, systems, sustainability and site requirements.

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