Notice of Failure. In the event that a newly activated Modem Box ----------------- meets or exceeds any of the failure thresholds specified in Paragraph 3.1 ("Acceptance Criteria_and Data") within the six (6) day test period, AOL may, at its option, send EMBRATEL an e-mail notice of rejection, specifying the failure thresholds which were met or exceeded during the test. In determining acceptance, AOL shall not hold EMBRATEL accountable for problems due to AOL's client software. Provided that all relevant daily performance data has been provided to AOL as required by Section 3.1 ("Acceptance Criteria_and Data") any Modem Boxes that have not been rejected by AOL by the end of the sixth day following activation will be deemed accepted.
Notice of Failure. (1) If Te Whatu Xxx has reasonable grounds to believe that the Provider has not met any material obligation under this Agreement, Te Whatu Ora will give the Provider written notice setting out the details of the obligation that Te Whatu Ora –believes has not been met; and
(a) if the failure can be remedied, give the Provider 30 days to meet the obligation and to demonstrate to Te Whatu Xxx's reasonable satisfaction that the obligation has been met; or
(b) if the failure cannot be remedied, terminate this Agreement on the expiry of a period of 30 days, or a shorter period as Te Whatu Ora considers reasonable in the interests of the health and safety of Service Users.
(2) Despite anything else in this Agreement, if Te Whatu Ora –has reasonable grounds to believe that the health or safety of any Service User is at risk, Te Whatu Ora may suspend the Provider's right and obligation to provide the relevant Services while Te Whatu Ora investigates the issue.
(3) Te Whatu Ora will notify the Provider of such suspension in the notice given under subclause (1).
(4) If Te Whatu Xxx is satisfied on reasonable grounds that the Provider is willing and able to perform the material obligations referred to in subclause (1) and that the health or safety of any Service User is no longer at risk, Te Whatu Ora will give the Provider written notice that the Provider must resume performance of such obligations.
Notice of Failure. Borrower shall immediately notify Bank in writing of the issuance of any written notice, notification, demand, request for information, citation, summons or order, the filing of any complaint, the assessment of any penalty, or the pendency or threat of any investigation or review by any governmental or other entity with respect to the alleged failure of Borrower to have any permit, license or authorization required in connection with the conduct of its business or otherwise with respect to any Environmental Laws.
Notice of Failure. If we have reasonable grounds to believe that you have not met any material obligation under this Agreement, we will give you written notice:
(a) setting out the details of the obligation we believe you have not met; and
(b) where the failure can be remedied, giving you 30 days to meet the obligation and to demonstrate to our reasonable satisfaction that you have met the obligation; or
(c) where the failure cannot be remedied, terminating this Agreement on the expiry of a period of 30 days, or such shorter period as we consider reasonable in the interests of the health and safety of Service Users.
Notice of Failure. (1) If the DHB has reasonable grounds to believe that the Provider has not met any material obligation under this Agreement, the DHB will give the Provider written notice setting out the details of the obligation that the DHB believes has not been met; and
(a) if the failure can be remedied, give the Provider 30 days to meet the obligation and to demonstrate to the DHB's reasonable satisfaction that the obligation has been met; or
(b) if the failure cannot be remedied, terminate this Agreement on the expiry of a period of 30 days, or a shorter period as the DHB considers reasonable in the interests of the health and safety of Service Users.
(2) Despite anything else in this Agreement, if the DHB has reasonable grounds to believe that the health or safety of any Service User is at risk, the DHB may suspend the Provider's right and obligation to provide the relevant Services while the DHB investigates the issue.
(3) The DHB will notify the Provider of such suspension in the notice given under subclause (1).
(4) If the DHB is satisfied on reasonable grounds that the Provider is willing and able to perform the material obligations referred to in subclause (1) and that the health or safety of any Service User is no longer at risk, the DHB will give the Provider written notice that the Provider must resume performance of such obligations.
Notice of Failure. The Contractor is required to notify the Department of any Failure the Contractor becomes aware of related to Deliverables, operation of the State’s financial system, or State Data, regardless of whether the Department observed the Failure. Except in the case of loss or breach of State Data and Systems, the Department will not impose Financial Consequences (beyond developing an Action Plan, if applicable) for a Failure that did not affect daily operations or the State’s performance of essential functions. For example, if the Contractor reports a system fault that causes a Failure, but the Failure occurs on a State holiday when no attempted use of the system has occurred (manual or scheduled), and the Failure is resolved prior to the next attempted use, the Failure shall not be subject to further liquidated damages. Failures that involve loss or breach of State Data and Systems shall always be considered a Catastrophic Event.
Notice of Failure. (1) If Health NZ has reasonable grounds to believe that the Provider has not met any material obligation under this Agreement, Health NZ will give the Provider written notice setting out the details of the obligation that Health NZ –believes has not been met; and
(a) if the failure can be remedied, give the Provider 30 days to meet the obligation and to demonstrate to Health NZ's reasonable satisfaction that the obligation has been met; or
(b) if the failure cannot be remedied, terminate this Agreement on the expiry of a period of 30 days, or a shorter period as Health NZ considers reasonable in the interests of the health and safety of Service Users.
(2) Despite anything else in this Agreement, if Health NZ –has reasonable grounds to believe that the health or safety of any Service User is at risk, Health NZ may suspend the Provider's right and obligation to provide the relevant Services while Health NZ investigates the issue.
(3) Health NZ will notify the Provider of such suspension in the notice given under subclause (1).
(4) If Health NZ is satisfied on reasonable grounds that the Provider is willing and able to perform the material obligations referred to in subclause (1) and that the health or safety of any Service User is no longer at risk, Health NZ will give the Provider written notice that the Provider must resume performance of such obligations.
Notice of Failure. Bxxxxxxx shall immediately notify Bank in writing of the issuance of any written notice, notification, demand, request for information, citation, summons or order, the filing of any complaint, the assessment of any penalty, or the pendency or threat of any investigation or review by any governmental or other entity with respect to the alleged failure of Borrower to have any permit, license or authorization required in connection with the conduct of its business or otherwise with respect to any Environmental Laws.
Notice of Failure. The Lessee will promptly give notice to the Lessor of any damage or breakdown in respect of any of the Chattels whereby they are rendered unable or unfit for their intended purpose or cease to be fit for their intended purpose;
Notice of Failure. As soon as practical, SUBDIVIDER shall contact the COUNTY upon the failure of any performance testing, or of any issues that arise that may prevent construction from proceeding in accordance with the Plans.
