Nonconformance. 60 If the Employer fails to schedule a meeting or to reply in writing within the prescribed time limits, the grievance may be appealed to the next higher step of the Grievance Procedure within seven (7) working days after the expiration of the applicable time limits. Nonconformance will in no way reduce or modify in any way the Employer's good faith effort to meet and/or answer any step of the grievance procedure.
Nonconformance. If (a) Lessee elects the Sale Option, an Event of Default occurs, or Lessee returns the Leased Property to Lessor or Administrative Agent and (b) after paying to Lessor, for the benefit of the Participants, any amounts then due under the Operative Documents (including the Sale Option Recourse Amount), the Lease Balance shall not have been reduced to zero (0), then Lessee shall promptly pay no later than the earlier of Expiration Date and the date which is thirty (30) days following the delivery of the report described below, an amount (the “Nonconformance Amount”) not to exceed the shortfall which such report indicates is the result of extraordinary wear and tear to or excessive usage of the Leased Property, whether or not permitted under the Lease. For purposes of making the determination provided for in this Section 13.2, Lessor shall cause to be delivered to Administrative Agent and Lessee within twenty (20) days of the occurrence of the event described in the first sentence of this Section 13.2 but in any event not less than ten (10) Business Days prior to the consummation of a sale of the Leased Property, at Lessee’s sole cost and expense, a report from an appraiser selected by the Required Participants and reasonably approved by Lessee, in form and substance reasonably satisfactory to the Required Participants and using approved methods reasonably satisfactory to the Required Participants, concerning the extent to which the fact that the actual Fair Market Value of the Leased Property as of the date of determination is less than the Fair Market Value anticipated for such date in the appraisal is due to any of the factors enumerated in the preceding sentence hereof. Any Nonconformance Amounts payable by Lessee shall be distributed in accordance with Section 5.3(d).
Nonconformance. Purchaser has or will independently investigate and verify to Purchaser’s satisfaction the extent of any limitations of uses of the Property. Purchaser acknowledges that the current use of the Property or the improvements located on the Property (or both) may not conform to applicable Federal, State or municipal laws, ordinances, codes or regulations. Zoning, permitted uses, height limitations, setback requirements, minimum parking requirements, limitations on coverage of improvements to total area of land, Americans with Disabilities Act requirements, wetlands restrictions and other matters may have a significant economic impact upon the intended use of the Property by Purchaser. However, if Seller is aware of pending zoning changes and/or current nonconformance with any Federal, State or local laws, ordinances, codes or regulations, Seller shall disclose same to Purchaser.
Nonconformance. If EMI determines the problem is due to nonconformance to published specifications of a software version, or another substantial EMI related Problem, then under the EMI Support Plan, EMI shall provide any software workaround for the reported nonconformance that may be available at the time the Problem is reported. If there is no such available workaround, EMI will use reasonable efforts to remedy such nonconformance and restore the Service, which may include temporary fix to the software. Permanent fixes will be provided in subsequent official public releases according to the priority of the Problem.
Nonconformance. If Check Point determines the problem is due to nonconformance to published specifications of a Software version, or another substantial Check Point related problem, then under Check Point’s Support plan, Check Point shall provide any Software fix for the reported nonconformance that may be available at the time the problem is reported. If no such fix is available, Check Point will use commercially reasonable efforts to remedy such nonconformance, which may include a Workaround or other temporary fix to the Software.
Nonconformance. Goods not conforming to the requirements of this Purchase Order may be rejected, at Buyer’s sole option. All costs with respect to the rework, repair, replacement or refund of the nonconforming goods, including packing, packaging and freight charges, shall be at the Seller’s expense as deemed equitable under the circumstances.
Nonconformance. In the event a material quality issue arises at any RTU facility or RTU Contractor facility relating to the Product or Samples, RTU shall promptly provide Takeda and SPI written notice of such issue, its impact on the supply of Product and/or Samples, and the corrective measures to be utilized. For purposes of this Section 4.3(c), a material quality issue shall include: foreign product mix-up, contamination; failure to meet stability and/or release specifications; incorrect labeling material used in Packaging; and missing or incorrect lot number or expiration date on Packaging.
Nonconformance. The supplier must focus on preventing nonconformance, reducing variability, and building quality into Buyer products and processes through process characterization and mistake-proofing tools. When issues arise, the supplier must take corrective action measures to get processes back into control. When a nonconformity occurs, including any arising from complaints, the Supplier shall react to the nonconformity by • Taking action to control and correct it • Dealing with the consequences Supplier shall evaluate the need for action to eliminate the cause(s) of the nonconformity, in order that it does not recur or occur elsewhere, by: • Reviewing and analyzing the nonconformity; • Determining the causes of the nonconformity, including, as applicable, those related to human factors; • Determining if similar nonconformities exist, or could potentially occur; Supplier shall • Implement any action needed • Review the effectiveness of any corrective action taken • Update risks and opportunities determined during planning, if necessary • Make changes to the quality management system, if necessary • Flow down corrective action requirements to an external provider when it is determined that the external provider is responsible for the nonconformity • Take specific actions when timely and effective corrective actions are not achieved. Any nonconformance detected during incoming inspection, the Supplier shall immediately notify the Xxxxxx Machine Company Buyer for plan of action. The Supplier shall notify Xxxxxx Machine Company Buyer if there may be a nonconformance to form, fit, function, or issue with usability, or reliability problem with material that has already been delivered. Supplier shall not knowingly ship non-conforming material without written authorization from Xxxxxx Machine Company. All nonconformance material shall be physically segregated and identified and separated on shipping paperwork. Rework is considered the return to conformance of a nonconforming feature or item using original instructions and processes. Nonconforming items that result in rework beyond existing instructions, requires written rework instructions and those rework instructions will capture the results of the rework. Rework documentation shall be made available for Xxxxxx Machine Company review upon request. This requirement shall be flowed down to all sub-tier suppliers. Reworked items must be reexamined in accordance with applicable procedures and the original acceptance criteria. Wh...
Nonconformance. Goods not conforming to the requirements of this Purchase Order may be rejected, at Buyer’s sole option. Buyer may, at its sole option, request Seller to repair or replace any nonconforming goods and all costs with respect to such repair or replacement including packing, packaging and freight charges, shall be at the Seller’s expense. Failure of Seller to take prompt and effective action (within [3] days as of the submittal of the notice by Buyer) to correct the relevant failures shall entitle Buyer to make such corrections, by itself or through third parties, at Seller´s sole expense.
Nonconformance. If TPN discovers any material nonconformance (“Nonconformance”) of Product under this Manufacturing Agreement, TPN shall give prompt written notice to ELITE specifying the Nonconformance.
