Notice of Failure to Comply. 9.7.1 In this Section 9.7 [Notice of Failure to Comply] the terms “employer” and “workers” do not include the Concessionaire, the MOT Section Contractor, or any of the contractors or subcontractors of any tier of either of them, or the employees of any of them.
9.7.2 If the Concessionaire determines in its reasonable discretion that any employer or its workers creates an unsafe or harmful condition or does or omits to do something that constitutes an unsafe or harmful act, or has failed to comply with the Workers Compensation Act, the OHS Regulation, or the Safety Program, and that on written notice from the Concessionaire to the employer of such condition, act or failure the employer has failed or refused to take action to correct the condition or act, including any condition or act of a worker, the Concessionaire may issue a notice to the applicable employer stipulating in reasonable detail the basis for the issuance of the notice and the Concessionaire will deliver a copy of the notice to the Province.
9.7.3 On receipt of the Concessionaire’s notice referenced in Section 9.7.2, the Province may take whatever action the Province deems necessary to ensure that any risk to workers is eliminated or minimized, and such action may include suspension of work at the location specified in the Concessionaire’s notice, and suspension of any payment due by the Province to any person, including to the Concessionaire.
9.7.4 The Province will be deemed to have relied on the terms of and the reasons set out in the Concessionaire’s notice, notwithstanding any subsequent investigation or inquiry of the matter by the Province, which the Province may but will not be obligated to undertake, and the Concessionaire will indemnify and hold the Province and BCTFA, and either of them, harmless in connection with any and all Losses or Claims arising in connection with the issuance of the Concessionaire’s notice referenced in Section 9.7.2 and any acts or omissions of the Province in reliance on such Concessionaire’s notice.
9.7.5 On rectification of the condition, act, or failure set out in the Concessionaire’s notice the Concessionaire will withdraw the Concessionaire’s notice referenced in Section 9.7.2 by endorsing on a copy thereof confirmation of the rectification and the Concessionaire will deliver a copy of the endorsed notice to the applicable employer and to the Province.
9.7.6 On receipt of a copy of the endorsed notice referenced in Section 9.7.5, the Province will, if...
Notice of Failure to Comply. After conducting an audit under Section 6.3 or after receiving a CDATA Report under Section 6.4, Customer must notify CDATA of the specific manner, if any, in which CDATA does not comply with any of the security, confidentiality, or data protection obligations in this DPA, if applicable. Any such information will be deemed Confidential Information of CDATA. Upon such notice, CDATA will use commercially reasonable efforts to make any necessary changes to ensure compliance with such obligations.
Notice of Failure to Comply. Neither the LLC nor Contributor has received any notice of any failure of the LLC or Contributor to comply with any applicable governmental requirements in respect of the use, occupation and construction of the Property, including but not limited to environmental, zoning, platting and other land use requirements which have not been heretofore corrected to the satisfaction of the appropriate governmental authority, and neither the LLC nor Contributor has received any notice of or has any knowledge of any violations or investigations relating to any such governmental requirement.
Notice of Failure to Comply. Page 8 ARTICLE 7. DEVELOPER CERTIFICATIONS. REPRESENTATIONS AND WARRANTIES Section 7.1 Organization ....................................... Page 10
Notice of Failure to Comply. In the event the Agency believes that the Developer has failed to comply with any of the requirements of this Agreement, including the Performance Schedule pursuant to Section 4.2 of this Agreement, Agency shall notify Developer in writing of the specific item or items that the Agency believes (is) (are) not in compliance. Developer shall schedule a meeting with the Agency no later than ten (10) calendar days after receipt of the Agency’s noti cation,
Notice of Failure to Comply. After conducting an audit under Section 6.3 or after receiving a /n software Report under Section 6.4, Customer must notify /n software of the specific manner, if any, in which /n software does not comply with any of the security, confidentiality, or data protection obligations in this DPA, if applicable. Any such information will be deemed Confidential Information of /n software. Upon such notice, /n software will use commercially reasonable efforts to make any necessary changes to ensure compliance with such obligations.
Notice of Failure to Comply. After conducting an audit under Section 6.3 or after receiving a 4D Payments, Inc Report under Section 6.4, Customer must notify 4D Payments, Inc of the specific manner, if any, in which 4D Payments, Inc does not comply with any of the security, confidentiality, or data protection obligations in this DPA, if applicable. Any such information will be deemed Confidential Information of 4D Payments, Inc. Upon such notice, 4D Payments, Inc will use commercially reasonable efforts to make any necessary changes to ensure compliance with such obligations.
Notice of Failure to Comply. (i) In this Section 4.11 [Notice of Failure to Comply], the terms “employer” and “workers” do not include the Primary Contractor or any Subcontractors or the employees of any of them.
Notice of Failure to Comply. After conducting an audit under Section 6.3 or after receiving a Security Report under Section 6.4, Customer must notify West of the specific manner, if any, in which West does not comply with any of the security, confidentiality, or data protection obligations in this DPA, if applicable. Any such information will be deemed Confidential Information of West. Upon such notice, West will use commercially reasonable efforts to make any necessary changes to ensure compliance with such obligations in accordance with the technical and organizational measures set forth in Appendix 2 of Attachment 1.
Notice of Failure to Comply. After conducting an audit under Section 6.3 or after receiving a Security Report under Section 6.4, Customer must notify Notified of the specific manner, if any, in which Notified does not comply with any of the security, confidentiality, or data protection obligations in this DPA, if applicable. Any such information will be deemed Confidential Information of Notified. Upon such notice, Notified will use commercially reasonable efforts to make any necessary changes to ensure compliance with such obligations in accordance with the technical and organizational measures set forth in Appendix 2 of Attachment 1.
