Liquidated Damages for Failure to Perform Sample Clauses

Liquidated Damages for Failure to Perform. SP guarantees that the Services and/or Deliverables shall achieve the service levels in Section M (if any) and shall meet the Specified Acceptance Criteria in Section L (if any) and the MSA. If the Services and/or Deliverables fail to achieve the service levels and/or meet the acceptance criteria specified herein, SP shall be afforded a period by GE during which it can correct and adjust the Services and/or Deliverables (the “Correction Period”). If, when re-tested at the end of the Correction Period, the Services and/or Deliverables again fail to achieve the performance guarantees, SP shall pay to GE the following, as liquidated damages, and not as a penalty: a sum equal to $_________. 3.
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Liquidated Damages for Failure to Perform. Supplier guarantees that the Services and/or Deliverables shall achieve the service levels (if any) and shall meet the Specified Acceptance Criteria (if any) and the Agreement. If the Services and/or Deliverables fail to achieve the service levels and/or meet the acceptance criteria specified herein, Supplier shall be afforded a period by Purchaser during which it can correct and adjust the Services and/or Deliverables (the “Correction Period”). If, when re‐tested at the end of the Correction Period, the Services and/or Deliverables again fail to achieve the performance guarantees, Supplier shall pay to Purchaser the following, as liquidated damages, and not as a penalty: a sum equal to 50% of the PO value.
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Liquidated Damages for Failure to Perform. 811 812 Having signed a contract for an ensuing school year, a teacher who fails to 813 perform thereunder (unless discharged or medically unable to perform), or who 814 requests release therefrom after June 30, shall pay to the District a sum of three 815 hundred dollars ($300), or after July 31 shall pay to the District a sum of five 816 hundred dollars ($500), or on or after the first day of the particular teacher 817 contract year shall pay the District a sum of one thousand dollars ($1,000) as 818 the reasonable and foreseeable costs of securing a replacement, unless the 819 Board waives such payment upon request for extraordinary circumstances. The 820 Board may condition acceptance of a request for release from contract upon 821 payment of such sum. 822 823 It is further agreed the District may withhold such sum from payment of any 824 monies yet to be paid to the teacher, but this shall not be construed to be the 825 exclusive manner of enforcement of this provision. 826
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Related to Liquidated Damages for Failure to Perform

  • Lenders’ Failure to Perform All Advances (other than Swing Loans and Agent Advances) shall be made by the Lenders contemporaneously and in accordance with their Pro Rata Shares. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Advance (or other extension of credit) hereunder, nor shall any Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligations hereunder, and (ii) no failure by any Lender to perform its obligations hereunder shall excuse any other Lender from its obligations hereunder.

  • Failure to Perform In the event of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.

  • Liquidated Damages The Company’s obligations to pay any partial liquidated damages or other amounts owing under the Transaction Documents is a continuing obligation of the Company and shall not terminate until all unpaid partial liquidated damages and other amounts have been paid notwithstanding the fact that the instrument or security pursuant to which such partial liquidated damages or other amounts are due and payable shall have been canceled.

  • Payment of Liquidated Damages If you supply all or some of your milk to a third party during a Month you must, if required by DFMC, immediately pay to DFMC liquidated damages for that Month calculated as follows: $X = W cents x (Y – Z) Where: $X is the amount payable by you to DFMC for the relevant Month. If $X is a negative amount, no amount is payable by you. Y is the average monthly litres you have supplied to DFMC based on the 12 months immediately preceding the relevant Month (or in the event you have not supplied DFMC for 12 months, the average monthly litres you have supplied to DFMC during the period you have supplied DFMC). Z is the number of litres supplied to DFMC by you for the relevant Month.

  • Termination for Failure to Close This Agreement shall automatically be terminated if the Closing Date shall not have occurred by July 7, 2016; provided, that the right to terminate this Agreement pursuant to this Section 7.2 shall not be available to any Party whose breach of any provision of this Agreement results in the failure of the Closing to have occurred by such time.

  • Failure to Pursue Remedies The failure of any party to seek redress for violation of, or to insist upon the strict performance of, any provision of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.

  • Waiver of Liquidated Damages If the Partnership is unable to cause a Registration Statement to become effective on or before the Target Effective Date, then the Partnership may request a waiver of the Liquidated Damages, which may be granted by the consent of the Holders of at least the Registrable Securities Required Voting Percentage, in their sole discretion, and which such waiver shall apply to all the Holders of Registrable Securities included on such Registration Statement.

  • Failure to Fulfill Conditions In the event that either of the parties hereto determines that a condition to its respective obligations to consummate the transactions contemplated hereby cannot be fulfilled on or prior to the termination of this Agreement, it will promptly notify the other party.

  • Payment of Damages The indemnification required hereunder shall be made by periodic payments of the amount thereof during the course of the investigation or defense, within 10 days as and when reasonably specific bills are received or loss, liability, claim, damage or expense is incurred and reasonable evidence thereof is delivered. In calculating any amount to be paid by an indemnifying party by reason of the provisions of this Agreement, the amount shall be reduced by all reimbursements (including, without limitation, insurance proceeds) credited to or received by the other party related to the Damages.

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