Non-Performance Notice Sample Clauses

Non-Performance Notice. Schein Dosage Form Product With ------------------------------------------------------- Cheminor Bulk. ------------- If Cheminor delivers to Schein a Non-Performance Notice (as such term is defined in Schedule 2.1(b)(iv) hereto) with respect to a Schein Finished Dosage Product with Cheminor Bulk Substance, then Schein shall file a site transfer or supplement to its ANDA in order to transfer the manufacturing site for the Finished Dosage Form Product to Cheminor's manufacturing facility, and until approval of such transfer or supplement Cheminor shall continue to supply to Schein the applicable Cheminor Bulk Substance. Following approval of such transfer or supplement, Cheminor shall manufacture and supply to Schein that product as a Cheminor Dosage Form Product. If thereafter Cheminor delivers to Schein a Non-Performance Notice (as such term is defined in Schedule 2.1(b)(iv) hereto) with respect to that Cheminor Dosage Form Product, then Schein shall * redacted pursuant to confidential treatment request. transfer to Cheminor's name its ANDA (and all rights to that ANDA) for that Product to Cheminor and that Product shall no longer be subject to this Agreement. The preceding sentence shall not apply to any Cheminor Bulk Substance supplied pursuant to Section 3.2 hereof.
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Non-Performance Notice. In the case of non-performance by the Service and Maintenance Contractor the Engineer may give the Contractor written notice to remedy the non-performance within a reasonable time of receipt of such notice. Should the Contractor not perform within the allocated time the Engineer may call in another Contractor to effect the necessary work pertaining to the written notice, the cost of which will be for the Contractors account subject to the same rates and parts xxxx-up mentioned in the contract including the cost of the Engineers involvement in accordance with the terms and conditions laid down by the SA Association of Consulting Engineers. In the event that the Client fails to pay charges within the prescribed period then the Contractor shall be entitled to 30 days written notice to cancel the agreement.
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Related to Non-Performance Notice

  • Non-Performance The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined.

  • Performance; No Default The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14) no Default or Event of Default shall have occurred and be continuing.

  • Performance Share Units The Committee may, in its discretion, grant to Executive performance share units subject to performance vesting conditions (collectively, the “Performance Units”), which shall be subject to restrictions on their sale as set forth in the Plan and an associated Performance Unit Grant Letter.

  • Annual Performance Bonus In the discretion of the Company's Compensation Committee, the Executive shall be eligible to receive an annual performance bonus payable in cash for each full or partial fiscal year of the Company during the Employment Period in accordance with the Company's performance-based bonus program for Executive Officers.

  • Performance Share Awards On the Performance Share Vesting Date next following the Executive's date of death, the number of Performance Shares that shall become Vested Performance Shares shall be determined by multiplying (a) that number of shares of Company Common Stock subject to the Performance Share Agreement that would have become Vested Performance Shares had no such termination occurred; provided, however, in no case shall the number of Performance Shares that become Vested Performance Shares exceed 100% of the Target Number of Performance Shares set forth in the Performance Share Agreement, by (b) the ratio of the number of full months of the Executive's employment with the Company during the Performance Period (as defined in the Performance Share Agreement) to the number of full months contained in the Performance Period. Vested Common Shares shall be issued in settlement of such Vested Performance Shares on the Settlement Date next following the Executive’s date of death.

  • Grant of Performance Share Units The Company hereby grants to the Participant the Target Number of PSUs Granted, effective as of the Date of Award and subject to the terms and conditions of the Plan and this Award Agreement. Each PSU represents the unsecured right to receive a number of Shares, if any, in accordance with the terms and conditions of this Award Agreement. The Participant shall not be required to pay any additional consideration for the issuance of the Shares, if any, upon settlement of the PSUs.

  • Performance Targets Threshold, target and maximum performance levels for each performance measure of the performance period are contained in Appendix B.

  • Vesting of Performance Shares As long as you remain employed with PG&E Corporation, the Performance Shares will vest on the first business day of March (the “Vesting Date”) of the third year following the date of grant specified in the cover sheet. Except as described below, all Performance Shares subject to this Agreement that have not vested shall be forfeited upon termination of your employment.

  • Performance Vesting Within sixty (60) days following the completion of the Performance Period, the Plan Administrator shall determine the applicable number of Performance Shares in accordance with the provisions of the Award Notice and Schedule I attached thereto.

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