Failure to Provide Services. The MCO shall be subject to one of the remedies listed in section 5.6 or section 5.7 if: a) the MCO fails substantially to provide Medically Necessary items and services that are required to be provided to an Enrollee covered under this Contract; and b) the failure has adversely affected or has a substantial likelihood of adversely affecting the Enrollee.
Failure to Provide Services. If the Consultant becomes unable to perform the services under this Agreement by reason of illness, disability or death, compensation shall cease upon the happening of the event. Such event must be verified by a licensed physician within the State.
Failure to Provide Services a. Without limiting any other rights of NAFC under this Contract or at law, if:
Failure to Provide Services. Landlord shall have no liability for damages, abatement of Rent or otherwise, to Tenant or others based on any failure by Tenant to furnish or delay in furnishing the foregoing or any other utilities or services hereunder, or for any diminution in the quality or quantity thereof, due, in whole or in part, to Force Majeure, repair or maintenance work or any other reason, and such failure shall neither render Landlord liable for damages to either person or property, nor be construed as an eviction of Tenant, nor a disturbance of Tenant’s use and possession of the Premises, nor cause a diminution or abatement of Rent nor relieve Tenant of any of Tenant’s obligations hereunder. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Xxxxxx’s business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities required hereunder. To the extent possible, any scheduled Building Systems shutdown shall be reasonably coordinated with Tenant to minimize impact on Tenant’s business operations. Notwithstanding the foregoing or anything to the contrary contained herein, if any of the essential services to be provided pursuant to this Lease is suspended as a result of the gross negligence or willful misconduct of Landlord (or Landlord’s agents, employees or contractors) (a “Service Interruption”), and such Service Interruption renders all or a material portion of the Premises unusable for Tenant's normal business purposes permitted hereunder and Tenant does not actually use the affected portion of the Premises as a result thereof, for a continuous period of five (5) or more consecutive business days following written notice thereof from Tenant (except in the event of Force Majeure or any act or omission of Tenant) (the “Service Interruption Eligibility Period”), then, as Tenant's sole remedy in connection with such Service Interruption, Base Rent due under this Lease shall be abated based on the proportion that the affected portion of the Premises bears to the entire Premises (provided, however, that if the affected portion of the Premises is such that Tenant cannot operate for its normal business purposes permitted hereunder from, and does not actually use, the entirety of the Premises, then all Base Rent shall so xxxxx) from the expiration of the Service Interruption Eligibil...
Failure to Provide Services. Landlord shall have no liability to Tenant or others based on any failure by Landlord to furnish the foregoing, due to Unavoidable Delays, repair or maintenance work or any other reason, and such failure shall neither render Landlord liable for damages to either person or property, nor be construed as an eviction of Tenant, nor cause a diminution or abatement of Rent nor relieve Tenant of any of Tenant's obligations hereunder. Notwithstanding the foregoing, if any of the services described in Section 12.A. hereof are suspended and such suspension renders the Premises untenantable and continues for more than five (5) consecutive business days, if the reason for the suspension or the continuation of the suspension is anything other than an Unavoidable Delay, all Monthly Base Rent and all Additional Rent due pursuant to Section 5 hereof shall be abated for the period commencing on the sixth (6th) consecutive business day of such suspension and concluding on the date that the service has been restored.
Failure to Provide Services. Failure to provide Medical Services to Subscribers as provided herein. The written notice of termination shall contain specific reference as to the breaches which have caused such failure.
Failure to Provide Services. In addition to any other rights and remedies of Cabot under this Agreement, in the event that Davies fails to supply Cabot with its requirements for Services for any reason, Cabot shall have the right to provide such Services for itself or purchase Services from sources other than Davies. In such event, the amount of Products so provided or purchased shall count toward the volume requirements of Section 2.4 hereof (each a "Setoff"), provided, however, than in order for Cabot to be entitled to a Setoff, Cabot must have provided Davies at least one week lead time on the relevant order and the relevant order must not be for a quantity in excess of [ ] per week.
Failure to Provide Services. 8.1 Where the Supplier fails to provide the Services in accordance with the Agreement (or otherwise required by DBC UK in writing) and/or fails to provide the Services by the Due Date other than due to an act or omission of DBC UK) DBC UK may (in addition to any of its other rights or remedies):
Failure to Provide Services. Any failure by Landlord to furnish the services required by this Lease, or any cessation thereof resulting from causes beyond the reasonable control of Landlord, shall not render Landlord liable for damages to Tenant, be construed as an eviction of Tenant, work an abatement of Rent or relieve Tenant from fulfillment of any of its covenants or agreements in this Lease. In the event of any such failure or cessation in the provision of services, Landlord shall diligently pursue the restoration of the services promptly after Landlord’s receipt of written notice of such failure or cessation. If (i) the failure or cessation resulted from the negligence or willful act of Landlord or its agents, employees or contractors, (ii) such failure or cessation continues for a period in excess of three (3) consecutive Business Days after written notice from Tenant, and (iii) Tenant is unable to (and does not) operate its business in the Premises as a result of such failure or cessation, then the Rent or an equitable portion thereof shall be abated until the services are substantially restored to the extent reasonably necessary for Tenant to operate its business in the Premises (as reasonably determined by Landlord), but Landlord shall not otherwise be liable to Tenant for damages. No failure or cessation shall be considered to be an eviction or disturbance of Tenant’s use or possession of the Premises.
Failure to Provide Services. Should either XXXXX or the Council fail to provide a service as defined in this Agreement then the other party may have recourse to the following:-
