Non-Compliance with Agreement. The Corporation agrees that all terms and conditions of this Agreement (including the conditions in clause 9) shall be construed as conditions and complied with so far as they relate to acts to be performed or caused to be performed by it, that it will use its best efforts to cause such terms and conditions to be complied with, and that any breach or failure by it to comply with any such conditions shall entitle the Agent to terminate its obligations under this Agreement by notice to that effect given to the Corporation at or prior to the Closing Time, unless otherwise expressly provided in this Agreement. The Agent may waive, in whole or in part, or extend the time for compliance with, any terms and conditions without prejudice to its rights in respect of any other terms and conditions or any other or subsequent breach or non-compliance, provided that any such waiver or extension shall be binding upon the Agent only if such waiver or extension is in writing and signed by the Agent.
Non-Compliance with Agreement. 6.1 If the Subscriber fails to pay all amounts due on or before the due date for payment then, subject to clause 6.3, the Service Suppliers may:
6.1.1 oblige the Subscriber to perform all obligations in terms of these Agreements;
6.1.2 charge interest on the overdue amount at the Interest Rate calculated from the due date of payment to the date of actual payment;
6.1.3 take action in terms of clause 6.3;
6.1.4 inform any credit bureau of the Subscriber’s payment default;
Non-Compliance with Agreement. 11 . 2. 1 The parties agree that any non-compliance with this Agreement will be dealt with in the following manner:
(a) The party alleging the non-compliance must deliver a notice in writing to the party asserted to be in non-compliance with this Agreement which specifies the non compliance (the "Notice of Non-Compliance"). A copy of the Notice of Non compliance must be provided to all other parties.
(b) The party receiving the Notice of Non-Compliance must respond in writing within ten (1 0) Business Days of the delivery of the Notice of Non-Compliance to the party issuing the Notice of Non-Compliance and must either confirm or deny the alleged non-compliance (the "Reply"). A copy of the Reply must be provided to all other parties.
(c) If the N otice of Non-Compliance is confirmed, then the party receiving the Notice of Non-Compliance must include in its Reply its proposed method of resolving the non-compliance.
(d) If the party issuing the Notice of Non-Compliance is content with the proposed method of resolving the non-compliance described in the Reply, then it will confirm its response in writing to the party issuing the Reply within ten ( 1 0) Business Days the responding party must resolve the matter in accordance with its Reply, and the non-compliance will have been resolved with respect to that party. A copy of this response must be provided to all other parties.
(e) If the Notice of Non-Compliance is denied or the resolution proposed in the Reply is not completed in a timely manner, then the alleging party and the responding party must conduct a mediation as described in section 11 .4 hereof by no later than three (3) months after the date the Notice of Non-Compliance was issued.
(f) If the alleged non-compliance is not resolved at the mandatory mediation described in section 11 . 2.1 (e) , then the alleging party and the responding party must pursue an arbitration in accordance with section 11 . 5 hereof and the result of such arbitration will be binding upon all parties hereto.
Non-Compliance with Agreement. If the Customer is in breach of any of the provisions of this Agreement other than for timely payment and the Company has provided the Customer with written notice specifying the breach and a demand that the breach be rectified within 10 days of receipt of such notice, then the Company may terminate this Agreement if the breach remains uncured by the end of the notice period. Such termination shall not relieve the Customer of the obligation to pay Monthly Fees and other charges owing under this Agreement.
Non-Compliance with Agreement. 8.1 The Owner shall be in non-compliance of this agreement if:
(a) The operation of the Sewage Treatment System fails to meet the requirements of the Certificate of Approval issued by the MOE;
(b) A valid Operations and Maintenance Contract is not in place;
(c) The monitoring program and reporting is thirty days behind schedule;
(d) An annual report, acceptable to the Township, has not been submitted to the Township by April 1st of each year;
(e) The Owner is behind schedule in making deposits to the trust fund as outlined in Schedule "D" prior to the establishment of the Sewage Treatment System Reserve Fund;
(f) The Condominium is behind schedule in making deposits to the Sewage Treatment System Reserve Fund as required by the most recent Sewage Treatment System Reserve Fund Plan
(g) The Sewage Treatment System is not operating to the satisfaction of the Ministry of the Environment;
(h) The capacity of the Sewage Treatment System is being exceeded; or
(i) The Owner fails to carry out any of the obligations of the Owner in this Agreement. Article 9
Non-Compliance with Agreement. If at any time We consider the Project is not being conducted by You in accordance with the provisions of this Agreement, We may request that You take the steps or make the changes as are specified in writing by Us to You to achieve compliance with the Agreement within a reasonable time.
Non-Compliance with Agreement. Any of the following:
(a) failure by the Company to comply with or to perform any covenant set forth in Section 7 (other than Sections 7.1.3, 7.1.6 and 7.2); or
(b) failure by the Company or SC Michigan to comply with any other provision of this Agreement or any other Letter of Credit Document, which failure shall continue for ten Business Days after notice thereof to the Company from the Issuing Bank.
Non-Compliance with Agreement. 8.1 The Owner shall be in non-compliance of this agreement if:
(a) The operation of the Communal Water System fails to meet the requirements of the Ontario Water Resources Act or the Safe Drinking Water Act;
(b) A valid Operations and Maintenance Contract is not in place;
(c) The sampling, analysis and monitoring program and reporting is 30 days behind schedule;
(d) An annual report, acceptable to the Township, has not been submitted to the Township by April 1st of each year;
(e) The Owner is behind schedule in making deposits to the trust fund as outlined in Schedule "C" prior to the establishment of the Communal Water System Reserve Fund;
(f) The Condominium is behind schedule in making deposits to the Communal Water System Reserve Fund as required by the most recent Communal Water System Reserve Fund Plan
(g) The Communal Water System is not operating to the satisfaction of the Ministry of the Environment or the Township
(h) The Owner fails to carry out any of the obligations of the Owner in this Agreement. Article 9
Non-Compliance with Agreement. Contractor shall be responsible for the performance of all terms, conditions, and specifications of this Agreement. Failure to perform a material term, condition, or specification of the contract (a “Non-performance Event”), as determined by City, may result in City pursuing the remedies set forth in this Agreement. City may, however, at its option invoke the following assessments for the specific matters set forth in this Section 28 in lieu of or concurrent with other remedies.
Non-Compliance with Agreement. If the Customer is in breach of any of the provisions of this Agreement and the Super Center has provided the Customer with written notice specifying the breach and a demand that the breach be rectified within 10 days of receipt of such notice, then the Super Center may terminate this Agreement or take such other action(s) provided for herein if the breach remains uncured by the end of the notice period. Such termination or other action shall not relieve the Customer of the obligation to pay Monthly Rent and other charges owing under this Agreement.
