Non-Execution. 1. If either Party considers that the other has failed to fulfil an obligation under this Agreement, it may take appropriate measures.
Non-Execution. Any failure by Customer to duly sign this Agreement is not a waiver by FIMAT of any rights it otherwise has against Customer.
Non-Execution. The Contractor shall not refuse to execute a work order that complies with the scope and intent of this contract. If the Contractor wishes to decline execution of a work order, on the basis that the Contractor believes the scope of work is not in compliance with this contract, the Contractor shall notify the ODR in writing.
Non-Execution. 1. If either Party considers that the other has failed to fulfil an obligation under this Agreement, it may take appropriate measures. 2. Before doing so it shall supply the other Party, within 30 days, with all relevant information required for a thorough examination of the situation, with a view to seeking a solution acceptable to the Parties. 3. In circumstances of particular urgency, appropriate measures may be taken without prior consultations. These measures shall be immediately notified to the other Party and shall be a subject of consultations, if the other Party so requests. These consultations shall be convened within 30 days from the notification of the measures. If no satisfactory solution is found, the Party concerned may avail itself of the procedure relating to the settlement of disputes. 4. The Parties agree, for the purpose of the correct interpretation and practical application of this Agreement, that the term 'circumstances of particular urgency' in paragraph 3 means a case of the material breach of the Agreement by one of the Parties. A material breach of the Agreement consists in:
Non-Execution. OF A PAYMENT INSTRUCTION The service provider has the right to refuse to execute a payment instruction if the customer’s account balance is insufficient, the customer has a spending limit on their subscription or an account balance limit or if the account balance limit of the payment functionality has been exceeded. The service provider can set a monthly or billing peri- od-specific limit on the payment functionality. A service provider’s refusal to execute a payment can be manifested in a number of different ways: a call will not connect or is blocked, message sending fails or the customer gets a notification that the message cannot be transmitted. Service providers do not notify customers of non-execution of or refusal to execute a low value payment if this can be deduced from the context, for exam- ple when the transmission of a message or the receipt of an incoming message fails.
Non-Execution. Any failure by the Customer to duly execute this Agreement shall not constitute a waiver by Xxxxxx Xxxxxxx of any rights it may otherwise possess against the Customer.
