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:
i. a Service is Not Available by the commencement of any Service Period; or
ii. a Service stipulated by the Contract becomes Not Available during any Service Period, except otherwise provided by the Contract; or
iii. Aircraft do not respond during any Service Period as required in the Contract, except as otherwise provided in the Contract; then NAFC may procure an alternative Service at its discretion and NAFC is entitled to recover from the Contractor, or deduct from monies due to the Contractor, as damages and not as a penalty, the total amount which NAFC expended to procure the alternative Service.
b. In effecting its rights under clause 6.11(a) above NAFC will use reasonable efforts to mitigate any costs incurred by it in the procurement of any alternative Service.
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 to be provided by Landlord pursuant to this Section 12 is 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 Additional Rent due hereunder 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. Notwithstanding anything to the contrary set forth in this Lease, Landlord hereby agrees that if there is an interruption or discontinuance of the services which Landlord has agreed to provide in this Lease that are within Landlord’s full control and that renders the Premises un-tenantable and continues for a period of five (5) or more consecutive business days after Landlord receives written notice thereof from Tenant (hereinafter referred to as “Unauthorized Interruption”), Tenant’s Base Rent and all other charges shall xxxxx commencing at the end of said five (5) business day period and continuing until such time as the Premises are rendered tenantable. However, if the Unauthorized Interruption is the result of any misconduct or negligent acts on the part of Tenant, its agents or employees, or due to Tenant’s failure to comply with the provisions hereof, Tenant’s Base Rent and all other charges shall not xxxxx, except to the extent of Landlord’s recovery with regard to the Premises under its rental insurance, if any. Provided, however, if any such Unauthorized Interruption is as a result of the Landlord’s (or its employees’, contractors’, representatives’ or agents’) gross negligence or willful misconduct, and such interruption continues for five (5) consecutive business days after notice of such Unauthorized Interruption is given to Landlord, then Tenant shall be entitled to an abatement of its obligations to make payments of Rent, commencing on the sixth (6th) business day after the notice of such interruption is given and continuing until such time as the interruption ceases. If such interruption shall continue for thirty (30) consecutive days, Tenant may elect to terminate this Lease upon ten (10) days’ notice to Landlord; provided, however, that the election to terminate shall be of no force and effect if prior to the expiration of said ten (10) day period the cause of such Unauthorized Interruption shall have been removed by Landlord. No portion of such Rent so abated shall be subject to subsequent recapture. The specified remedies herein shall be non-exclusive of each other and in addition to any other remedies available to Tenant at law or in equity.
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. 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 a. Without limiting any other rights of AFAC or the Member under this Contract or at law, if the Contractor refuses or otherwise fails to supply the Services during the Service Period in accordance with this Contract including:
i. a Service is Not Available by the commencement of any Service Period; or
ii. a Service becomes Not Available during any Service Period, except as agreed; or
iii. the Contractor does not respond during any Service Period as; or
iv. by supplying defective Services; or
v. by failing to supply the Services (including by failing to supply the Services because one of its suppliers (such as a refuelling supplier) has declined to provide it with services), then AFAC or the Member may give a notice in writing to the Contractor specifying the Services affected, the defects in question and a reasonable timeframe for rectifying those defects (which may include re-performing services). If the Contractor receives such a notice it must at its own cost and at AFAC or the Liable Member’s option:
vi. perform the relevant Services again within the timeframe specified in the notice; or
vii. the Contractor will be liable for, and will pay or credit to, the Member for any costs incurred by the Member due to that refusal or failure, including any additional costs of obtaining such Services from another person, and the Member will not be liable for the payment of the Contract Prices in respect of that Service and may deduct from monies otherwise due to the Contractor in accordance with clause 8.1.
b. In effecting its rights under clause 5.11a the Member will use reasonable efforts to mitigate any costs incurred by it in the procurement of any alternative Service.
Failure to Provide Services. Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when necessary, by reason of accident or emergency or for repairs, alterations or improvements, in the judgment of Landlord desirable or necessary to be made, until said repairs, alterations or improvements shall have been completed. Landlord’s failure to furnish or delay in furnishing any of the services described in Section 16.1 above when such failure is caused by all or any of the following shall not result in any liability of Landlord: (a) casualty, accident, breakage or repairs; (b) acts of terrorism, strikes, lockouts or other labor disturbances or labor disputes of any such character; (c) governmental regulation, moratorium or other governmental action; (d) inability, despite the exercise of reasonable diligence, to obtain electricity, water or fuel, including due to shortages, blackouts or any other cause; or (e) any other cause beyond Landlord’s reasonable control. In addition, in the event of the failure of any said utilities or services, Tenant shall not be entitled to any abatement or reduction of rent (except as expressly provided in Sections 18.2 and 19.2 if such failure is a result of a damage or taking described therein), no eviction of Tenant shall result, and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Tenant’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 as set forth in this Section 16. In the event of any stoppage or interruption of services or utilities, Landlord shall diligently attempt to resume such services or utilities as promptly as practicable. If as a result of the gross negligence or willful misconduct of Landlord, its authorized agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, so that all or a portion of the Premises cannot be used by Tenant (the “Essential Services”), and Tenant does not use the portion of the Premises so affected after such three (3) business day period, then Tenant’s Monthly Basic Rent (or an equitable portion of such Basic Rent ...
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:-
