Failure to Provide Service. If Vendor fails to provide the Services as set forth in this Agreement, Member may obtain the same or equivalent Service through an alternative MMCAP Infuse vendor. If MMCAP Infuse vendor cannot provide Member the Services required, the Member may obtain the Service on the open market, including retail, for the period in which the Vendor is unable to provide the Service. The Vendor will reimburse for any additional costs (including shipping and third-party fees) over the Contract Pricing of this Agreement sustained by Member via a credit within thirty (30) days of receipt of the claim.
Failure to Provide Service. 17.1 The Consultant shall use best endeavours and utilise best professional practice to comply in full with any timetable agreed between the parties from time to time. However in the event of delay, which in the sole opinion of the Authorised Officer is attributable to wilful or unnecessary delay, consistent failure, omissions or incompetence of the Consultant’ personnel, the Authorised Officer reserves the right;
17.2 to provide the Consultant with written notice identifying the area of work which the Authorised Officer genuinely believes has been the subject of wilful or unnecessary delay, consistent failure or incompetence on the part of the Consultant and requiring that such defect be corrected within a period of [fifteen (15)] working days from the date of despatch of notice by the Council;
17.3 if such defect is not cured within the fifteen day period or such other period as the parties may agree in writing, the Council may, in its absolute discretion either;
17.3.1 extend the period of time to enable the Consultant to cure the defect; and/or
17.3.2 engage the services of a third party to cure the defect, whereupon the Consultant shall pay to the Council promptly within 20 working days from the date of written request by the Council, a sum equal to the costs incurred by the Council in engaging the services of a third party. The Consultant further agrees that it shall not be entitled to make any charge to the Council in respect of the wasted costs associated with the Services which have not been performed due to the circumstances referred to in Clause 17.1 above; and/or
17.4 terminate the whole or any part of this Contract, and the Consultant shall be liable to the Council for all losses, costs and expenses occasioned to the Council as a result of the Consultant having failed to provide the Services either properly or at all.
Failure to Provide Service. In the event that OmniCell fails to provide Service to Baxter in accordance with the terms and conditions contained in this Agreement for any reason (other than an event of Force Majeure as described in Section 7.3 of this Agreement) , OmniCell shall reimburse Baxter the cost of obtaining substitute services from an alternative source, as described below:
(I) Baxter shall take all commercially reasonable steps to obtain services with respect to the Product from an alternative service provider at the lowest price available during any period in which OmniCell is unable to provide Service.
Failure to Provide Service. JMCo acknowledges and agrees that its failure to provide IT services to Client as provided in this Agreement under the terms of this Agreement is a material breach of this Agreement for which Client may withhold payment or terminate this Agreement.
Failure to Provide Service. Failure to materially provide the services provided for in this Agreement.
Failure to Provide Service. (a) Subject to clause 7.7, where Western Power fails to provide Metering Services to the User in accordance with this Agreement, due to Western Power’s Default under this Agreement or negligence, then Western Power is liable for the direct additional costs incurred by the User as a result of Western Power's failure or negligence other than any direct additional costs that the User has a contractual or other legal entitlement to recover from a Customer.
(b) The exclusion of Indirect Damage in clause 7.3 does not apply to the direct additional costs referred to in clause 7.2(a).
Failure to Provide Service. Each time that the Authority observes or determines a passenger or party seeking Shared Ride van service at the Terminal Customer Service Counters or the Terminal Loading Areas is advised that service within the Washington Metropolitan Area is unavailable, the Contractor shall pay the Authority One Hundred Dollars ($100.00) in liquidated damages.
Failure to Provide Service. If I am unable to attend your scheduled visit I will provide as much notice as possible and reschedule the postnatal visit with you.
Failure to Provide Service. F.5.1 The Provider shall not be obligated to accept a referral but must schedule the appointment with the person with disability within a reasonable time, usually within ten (10) business days, after the Provider accepts the referral. The appointment may be scheduled over the phone with the initial contact from the referring VRS.
Failure to Provide Service. Customer will be notified if the Service is unavailable. Customer's sole and exclusive remedy for any failure to provide the SERVICES is that FRAMA will re-perform the applicable Service. FRAMA and LICENSER have no other responsibility or liability for any such outage or any failure to deliver an email.
