Other Failures Sample Clauses

Other Failures. Any other failure to fulfil your obligations under the Contract, including article 3.1.2 above, shall forfeit your right to cover for the Debts concerned and if indemnification has already been paid for this Debt, You shall reimburse Us for such payment.
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Other Failures. An “Excuse from Closing” shall occur if Financial Close does not occur by the Financial Close Deadline and such failure is directly attributable to: (a) If the initial Project Plan of Finance includes PABs, the refusal or unreasonable delay of the PABs Issuer to issue PABs in the amount that Developer’s underwriters are prepared to underwrite, provided that (i) such refusal or delay is not due to any fault or less-than-diligent efforts of Developer (including Developer’s failure to satisfy all requirements that it is obligated to satisfy under the PABs Agreement) and (ii) Developer’s financing schedule provides the PABs Issuer customary time periods for carrying out the ordinary and necessary functions of a conduit issuer of tax-exempt bonds; (b) If the initial Project Plan of Finance includes PABs, the refusal or unreasonable delay of the PABs Issuer’s counsel to allow closing of the PABs, provided that (i) bond counsel is ready to give an unqualified opinion regarding the validity of the issuance of the PABs and the tax exempt status of interest paid on the PABs, (ii) the basis for such refusal is not that it would be unreasonable for bond counsel to deliver the opinion and (iii) Developer’s financing schedule provides the PABs Issuer’s counsel customary time periods for carrying out the ordinary and necessary functions of counsel to a conduit issuer of tax-exempt bonds; (c) If the initial Project Plan of Finance includes PABs, (i) the failure of the PABs Issuer or TxDOT to comply with the terms of the PABs Agreement, (ii) the expiration of the USDOT- approved PABs allocation despite Developer’s commercially reasonable efforts to obtain an extension of the PABs allocation or (iii) the withdrawal, rescission or revocation of the USDOT-approved PABs allocation, or the reduction of such allocation to an amount less than the amount of PABs included in the Project Plan of Finance, by USDOT; provided that, in all such cases, the failure to achieve Financial Close is directly caused by such occurrence, and such occurrence is not due to any fault of Developer (including Developer’s failure to satisfy any conditions precedent to the use of the PABs allocation); (d) If TIFIA financing is included in the initial Project Plan of Finance, (i) the failure of the TIFIA Joint Program Office to provide credit assistance to Developer (including a decision by the TIFIA Joint Program Office to decline to invite Developer to apply for TIFIA financing), or the determination b...
Other Failures. If the Department determines that the Contractor is in substantial noncompliance with any material terms of this Contract or any state or federal laws affecting the Contractors conduct under this Contract, which are not specifically enunciated in this Article IX but which the Department reasonably deems sanctionable, the Department shall provide written notice to the Contractor setting forth the specific failure or noncompliant activity. If the Contractor does not correct the noncompliance within thirty (30) days of the notice the Department, without further notice, may (i) impose a sanction of $1,000.00 to $5,000.00, (ii) suspend Enrollment of Potential Enrollees with the Contractor, or (iii) impose both sanctions.
Other Failures. The failure of the Lessee to observe or perform any covenant, condition or agreement on its part to be performed or observed under this Lease and not otherwise described in the foregoing provisions of this Section 8.1.
Other Failures. If the Department determines that Contractor is in substantial noncompliance with any material terms of this Contract, or any State or federal laws affecting Contractor’s conduct under this Contract, that are not specifically enunciated in this article VII but for which the Department reasonably determines imposing a performance penalty or other sanction is warranted, the Department, may:
Other Failures. If the Department determines that Contractor is in substantial noncompliance with any material terms of this Contract, or any State or federal laws affecting Contractor’s conduct under this Contract, that are not specifically enunciated in this Article VII, but for which the Department reasonably determines imposing a performance penalty or other sanction is warranted, the Department shall provide written notice to Contractor setting forth the specific failure or noncompliant activity. If Contractor does not cure the failure or noncompliance to the Department’s satisfaction within thirty (30) days after the notice, the Department, without further notice, may:
Other Failures. If the Department determines hat the Contractor is in substantial noncompliance with any material terms of this Contract not specifically enunciated herein and which the Department reasonably deems sanctionable, the Department shall provide written notice to the Contractor setting forth the specific failure or noncompliant activity. If the Contractor does not correct the noncompliance within thirty (30) days of the notice the Department, without further notice, may impose a sanction of $1,000.00 to $5,000.00.
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Other Failures. 72 9.11 Sale or Transfer............................................................................. 72 9.12 Coordination of Benefits for Enrollees....................................................... 72 9.13 Subrogation.................................................................................. 73 9.14 Agreement to Obey All Laws................................................................... 73 9.15 Severability................................................................................. 74 9.16 Contractor's Disputes With Other Providers................................................... 74 9.17 Choice of Law................................................................................ 74
Other Failures. Borrower shall fail to perform or observe any other term, covenant or agreement contained in this Agreement or in any other Loan Document (other than those covered by Sections 6.1(a)), and any such failure shall continue for thirty (30) calendar days; or
Other Failures. COMPANY shall have the right to terminate this Agreement upon thirty (30) days written notice in case (i) the conduct by Distributor results or is reasonably likely to result (in the reasonable opinion of COMPANY) in a material adverse effect (financial or otherwise) on the business or reputation of COMPANY.
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