Failure to Reinstate Sample Clauses

Failure to Reinstate. If: (a) Reinstatement Not Prevented: clause 23.3 does not apply;
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Failure to Reinstate. (a) If reinstatement in accordance with sub-clause (4) has not commenced within 9 months of the date of the destruction or damage and provided the Tenant is not prevented from commencing reinstatement because of a supervening event (as defined in sub-clause (10) below) and the Tenant does not within 10 working days of the expiry of that 9 month period exercise the option contained in the Option Deed or if the Tenant exercises the option but subsequently fails to complete the purchase in accordance with the Option Deed the Landlord may at any time after the expiry of the 10 working days or the failure to complete serve written notice on the Tenant terminating the Lease with immediate effect and the provisions of clause 12(3) of the Lease will apply to such termination. (b) If reinstatement by the Tenant has not been completed in accordance with sub- clause (4) above by the date 3 years from the date of destruction or damage of the Property either party may at any time after the expiry of the 3 year period serve 10 days written notice on the other terminating the Lease, such termination to take effect on the expiry of the Landlord's written notice and the provisions of clause 12(3) of the Lease will apply to such termination. On the termination of the Lease under sub-paragraphs (a) or (b) of this sub- clause the Tenant shall pay all insurance monies together with an amount equal to any shortfall (save as set out in sub-clause 8(12)(a) below) in the full reinstatement value of the Property and the cost of architects and other professional fees or demolition and removal of debris to the Landlord save to the extent that the Tenant has properly applied any portion of the insurance monies with the prior written approval of the Landlord to the reinstatement of the Property up to the date of termination of the Lease by the Landlord. Any dispute as to the amount to be paid by the Tenant shall be referred to arbitration. Any Landlord's notice to terminate the Lease served under this sub-clause shall not take effect if at any time prior to the expiry of the notice the Tenant exercises its option to purchase the freehold of the Property pursuant to the Option Deed provided that if the Tenant subsequently fails to complete the purchase in accordance with the Option Deed the Landlord may at any time serve a further notice on the Tenant terminating the Lease with immediate effect and the provisions of clause 12(3) of the Lease will apply to such termination.
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Failure to Reinstate. If: (a) Reinstatement Not Prevented: clause 23.3 does not apply; (b) Lessee Requires Reinstatement: the Lessee gives the Lessor written notice requiring the reinstatement work to be done; and
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Related to Failure to Reinstate

  • Failure to Remedy If the Funder has provided the HSP with an opportunity to remedy the breach, and: the HSP does not remedy the breach within the time period specified in the Notice; it becomes apparent to the Funder that the HSP cannot completely remedy the breach within the time specified in the Notice or such further period of time as the Funder considers reasonable; or the HSP is not proceeding to remedy the breach in a way that is satisfactory to the Funder, then the Funder may immediately terminate this Agreement by giving Notice of termination to the HSP.

  • Failure to Respond If you fail to respond by the date given above, your application will be refused under Section 3A(4)(a) of the Registered Designs Act 1949.

  • Failure to Vacate If the Resident does not vacate the Residence on the expiry or early termination of this Agreement, (i) the Resident is liable for any financial loss sustained or incurred by the Institution or the Manager, and (ii) the Manager may remove the property of the Resident from the Room (whether or not the Resident is present at the time), and place the property in temporary storage in a location in the Residence of the Manager’s choice, at the Resident’s expense, without notice to the Resident and without liability to the Manager for any damage to or loss of the Resident’s property.

  • Failure to Return Failure of the employee to return pursuant to the date determined in this Section will constitute grounds for termination by the School District unless the School District and the employee mutually agree to an extension of the leave.

  • Failure to Defend If the Indemnifying Party, within a reasonable time after notice of any such Claim, fails to defend such Claim actively and in good faith, the Indemnified Party will (upon further notice) have the right to undertake the defense, compromise or settlement of such Claim or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall thereafter have no right to challenge the Indemnified Party's defense, compromise, settlement or consent to judgment.

  • Failure to Reach Agreement If Company and Seller are unable to agree upon and execute a Performance Standards Revision Document within 180 Days of Company's written notice to Seller pursuant to Section 23.4 (Performance Standards Revision Document), Company shall have the option of declaring the failure to reach agreement on and execute such Performance Standards Revision Document to be a dispute and submit such dispute to an Independent Evaluator for the conduct of a determination pursuant to Section 23.10 (Dispute) of this Agreement. Any decision of the Independent Evaluator, rendered as a result of such dispute shall include a form of a Performance Standards Revision Document as described in Section 23.4 (Performance Standards Revision Document). PUC Performance Standards Revision Order. No Performance Standards Revision Document shall constitute an amendment to the Agreement unless and until a PUC Performance Standards Revision Order issued with respect to such Document has become non-appealable. Once the condition of the preceding sentence has been satisfied, such Performance Standards Revision Document shall constitute an amendment to this Agreement. To be "non-appealable" under this Section 23.6 (PUC Performance Standards Revision Order), such PUC Performance Standards Revision Order shall be either (i) not subject to appeal to any Circuit Court of the State of Hawai‘i or the Supreme Court of the State of Hawai‘i, because the thirty (30) Day period (accounting for weekends and holidays as appropriate) permitted for such an appeal has passed without the filing of notice of such an appeal, or (ii) affirmed on appeal to any Circuit Court of the State of Hawai‘i or the Supreme Court, or the Intermediate Appellate Court upon assignment by the Supreme Court, of the State of Hawai‘i, or affirmed upon further appeal or appellate process, and is not subject to further appeal, because the jurisdictional time permitted for such an appeal (and/or further appellate process such as a motion for reconsideration or an application for writ of certiorari) has passed without the filing of notice of such an appeal (or the filing for further appellate process).

  • Failure to Report No compensation shall be granted for the total period of standby if the employee is unable to report for duty when required.

  • Failure to Return from Leave Any employee who has been granted a leave and who, for any reason, fails to return to work at the expiration of said leave shall be considered as having resigned his/her position with the County, and the position shall thereupon be declared vacated, unless the employee is on leave status protected under state/federal laws or he/she has furnished evidence that he/she was unable to return to work by reason of sickness, physical disability, or other legitimate reason beyond his/her control.

  • Failure to Comply 8.2.1 If the Developer fails to observe or perform any condition of this Agreement after the Municipality has given the Developer 30 days written notice of the failure or default, then in each such case: (a) The Municipality shall be entitled to apply to any court of competent jurisdiction for injunctive relief including an order prohibiting the Developer from continuing such default and the Developer hereby submits to the jurisdiction of such Court and waives any defence based upon the allegation that damages would be an adequate remedy; (b) The Municipality may enter onto the Lands and perform any of the covenants contained in this Agreement or take such remedial action as is considered necessary to correct a breach of the Agreement, whereupon all reasonable expenses whether arising out of the entry onto the Lands or from the performance of the covenants or remedial action, shall be a first lien on the Lands and be shown on any tax certificate issued under the Assessment Act; (c) The Municipality may by resolution discharge this Agreement whereupon this Agreement shall have no further force or effect and henceforth the development of the Lands shall conform with the provisions of the Land Use By-law; or (d) In addition to the above remedies, the Municipality reserves the right to pursue any other remedy under the Halifax Regional Municipality Charter or Common Law in order to ensure compliance with this Agreement.

  • Failure to Enforce The failure of either party hereto at any time, or for any period of time, to enforce any of the provisions of this Agreement shall not be construed as a waiver of such provision(s) or of the right of such party thereafter to enforce each and every such provision.

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