Failure to Recertify Clause Samples
The "Failure to Recertify" clause defines the consequences when a party does not renew or update required certifications within a specified timeframe. Typically, this clause applies to situations where ongoing compliance—such as maintaining professional licenses, safety standards, or regulatory approvals—is necessary for the contract to remain valid. If a party fails to recertify as required, the clause may allow the other party to suspend services, withhold payments, or even terminate the agreement. Its core function is to ensure that all parties continuously meet agreed-upon standards, thereby reducing risk and maintaining the integrity of the contractual relationship.
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Failure to Recertify. Employees, on the payroll before 3-1-97, will not be penalized for failure to recertify. However, promotions to Crew Leader will require the employee to be A.S.E. certified in 5 mandatory A.S.E. classifications. Employees hired after 3/1/97 must recertify. Failure to do so will result in demotion to the next level in which they are able to meet the A.S.E. requirements. The mandatory five A.S.E. tests include: Engine Repair Electrical/Electronic Systems Engine Performance Suspension and Steering
Failure to Recertify. The Notice of Noncompliance issued on October 30, 2015, and the conditional settlement offer issued on November 18, 2016, put the Operator on notice that he was required to recertify the Facility under the 2014 General Permit within 60 days from the date of the Notice of Noncompliance, and notice of the mandatory minimum penalty for failure to comply. The Operator failed to recertify the Facility under the 2014 General Permit within 60 days of the Notice of Noncompliance. Pursuant to Water Code section 13399.33, this violation is subject to a mandatory minimum penalty in the amount of $5,000 per year of non-compliance or fraction thereof, plus staff costs.
Failure to Recertify. Individuals failing to successfully recertify for EMT-1FS shall be provided eight (8) hours of tutoring at CITY expense and shall be required to retest within sixty (60) days of initial attempt at recertification. Failure to recertify on the second try will result in withholding of any merit pay raises until certification is attained. If the individual fails to certify within one (1) year of expiration date (s)he shall be subject to disciplinary action. Individuals failing to successfully recertify for defibrillation shall be provided tutoring at CITY expense and shall be required to retest within thirty (30) days of the initial attempt at recertification. Failure to recertify on the second try will result in withholding of any merit pay raises until certification is attained. If the individual fails to certify within six (6) months of expiration date (s)he shall be subject to disciplinary action.
Failure to Recertify. Employees, on the payroll before 3-1-97, will not be penalized for failure to recertify. Employees hired after 3/1/97 must recertify. All employees must provide evidence of their current A.S.E status each January 15 and July 15 annually. When the Company is notified an employee has failed to recertify in any of their required A.S.E.’s, the employee will receive a 30-day grace period to obtain the required A.S.E.’s. All employees will be given two opportunities to recertify. Failure to recertify in the thirty-day period will result in demotion to the next level in which they are able to meet the A.S.E. requirements. Additionally, this may lead to the loss of tool allowance and uniform service. *The five A.S.E. requirements referenced throughout this agreement is listed below*: Engine Repair Electrical/Electronic Systems Engine Performance Suspension and Steering
