Letter of Deficiency Sample Clauses

Letter of Deficiency. This letter will be sent when multiple performance targets as provided for in this Agreement are not being met or when the School does not respond adequately to a “Letter of Concern.” The School will be required to respond within 10 days and provide the information requested. If no response is received, a “Notice of Probationary Status” is sent.
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Letter of Deficiency. This letter will be sent when multiple performance targets as provided for in this Agreement are not being met.
Sample 1
Letter of Deficiency. If, after testing by Baan, the Deliverables -------------------- are not acceptable to Baan, Baan shall notify TopTier in writing within [*] from the date of receipt of the Licensed Software and Technology as required in Section 3.1, such written notice to include a written list of deficiencies categorizing improvements, Enhancements or corrections, together with comprehensive citations of test results and documented problems and deficiencies (the "Letter of Deficiency"). To the extent that the Letter of Deficiency identifies improvements or corrections that are part of standard Maintenance and Support, TopTier shall perform such improvements or corrections at no additional charge to Baan according to the Maintenance and Support terms and conditions described in Section 5 below. To the extent that the Letter of Deficiency contains requests for new or additional functionality not originally specified in Exhibit B, the planning and execution of such requests, including --------- feasibility, fees and delivery, will be negotiated separately and under a separate agreement between Baan and TopTier and will not be construed as part of this Agreement. Such requests for new or additional functionality shall not be justifiable cause for Baan to delay acceptance of the Deliverables as specified in Section 3 nor to delay payments under this Agreement as specified in Section 4 below.
Sample 1

Related to Letter of Deficiency

  • Waiver; Deficiency Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.

  • No Deficit Restoration No Member shall be personally liable for a deficit Capital Account balance of that Member, it being expressly understood that the distribution of liquidation proceeds shall be made solely from existing Company assets.

  • Waiver of Default Upon the happening of any default hereunder:

  • Waiver of Event of Default The Majority Certificateholders may, on behalf of all Certificateholders, by notice in writing to the Trustee, direct the Trustee to waive any events permitting removal of any Master Servicer under this Agreement, provided, however, that the Majority Certificateholders may not waive an event that results in a failure to make any required distribution on a Certificate without the consent of the Holder of such Certificate. Upon any waiver of an Event of Default, such event shall cease to exist and any Event of Default arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other event or impair any right consequent thereto except to the extent expressly so waived. Notice of any such waiver shall be given by the Trustee to the Rating Agency.

  • No Event of Default; Compliance with Instruments No event has occurred and is continuing and no condition exists or will exist after giving effect to the borrowings or other extensions of credit to be made on the Closing Date under or pursuant to the Loan Documents which constitutes an Event of Default or Potential Default. None of the Loan Parties or any Subsidiaries of any Loan Party is in violation of (i) any term of its certificate of incorporation, bylaws, certificate of limited partnership, partnership agreement, certificate of formation, limited liability company agreement or other organizational documents or (ii) any material agreement or instrument to which it is a party or by which it or any of its properties may be subject or bound where such violation would constitute a Material Adverse Change.

  • No Event of Default No Default or Event of Default has occurred and is continuing.

  • Liability for Deficiency If any sale or other disposition of Collateral by Secured Party or any other action of Secured Party hereunder results in reduction of the Obligations, such action will not release Debtor from its liability to Secured Party for any unpaid Obligations, including costs, charges and expenses incurred in the liquidation of Collateral, together with interest thereon, and the same shall be immediately due and payable to Secured Party at Secured Party's address set forth in the opening paragraph hereof.

  • Borrowing Base Deficiency If at any time there exists a Borrowing Base Deficiency the Borrower shall cure same in accordance with Section 2.06 hereof.

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