Prospective Failure Sample Clauses

Prospective Failure. Failure to meet the Delivery Date specified on the face of this Order shall constitute a breach of this Order. Seller shall give AGILENT notice of any prospective failure to ship Goods or provide Services in time to meet the Delivery Date. If only a portion of Goods is available for shipment to meet the Delivery Date, Seller shall ship the available Goods unless directed by AGILENT to reschedule shipment. If only a portion of the Services can be performed on the Delivery Date, Seller shall perform such Services unless directed by AGILENT to reschedule performance. Partial deliveries shall be deemed late shipments and be considered complete only when all Goods and Services have been shipped. Notwithstanding the above, upon Seller’s notice of any prospective failure to ship Goods or provide Services in time to meet the Delivery Date, AGILENT reserves the right to terminate the Order and any subsequent Orders without any charge or liability.
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Prospective Failure. Failure to meet the Delivery Date specified on the face of this Order shall constitute a breach of this Order. Supplier shall give BRIDGELUX notice of any prospective failure to ship Goods or provide Services in time to meet the Delivery Date as soon as Supplier is aware that the shipment will not be on time. Such notification shall include action plans for expediting the affected Goods. If only a portion of Goods is available for shipment to meet the Delivery Date. Supplier shall ship the available Goods unless directed by BRIDGELUX to reschedule shipment. If only a portion of the Services can be performed on the Delivery Date, Supplier shall perform such Services unless directed by BRIDGELUX to reschedule performance. Partial deliveries shall be deemed late shipments and be considered complete only when all Goods and Services have been shipped. Notwithstanding the above, upon Supplier’s notice of any prospective failure to ship Goods or provide Services in time to meet the Delivery Date, BRIDGELUX reserves the right to terminate the Order and any subsequent Orders without any charge or liability, provided that any cancelled portion shall nevertheless be counted as purchased for purposes of determining Bridgelux’s right to any quantity discounts.
Sample 1
Prospective Failure. Seller shall give SFE notice of any prospective failure to ship Goods or provide Services on the delivery date specified by SFE (the “Delivery Date”).
Sample 1
Prospective Failure. Seller shall give Buyer notice of any prospective failure to ship goods on the delivery date specified by Buyer. （潜在的失效：卖方应就任何潜在因素导致无法按照买方指定的交货日期出货的情况，给予买方提前通知。）
Sample 1
Prospective Failure. Failure to meet the Delivery Date specified on the face of this Order shall constitute a breach of this Order. Seller shall maintain the ability to contact NEPHRON on a twenty-four (24) hour a day, seven (7) day a week basis in order to communicate and manage any situation that threatens to interrupt the NEPHRON supply chain. Seller shall agree to notify NEPHRON immediately if Seller ever has reason to believe that any Product will not be delivered as ordered, or an entire shipment will result in any prospective failure to deliver Products in time to meet the Delivery Date. If only a portion of Product is available for shipment to meet the Delivery Date, Seller shall ship the available Product unless directed by NEPHRON to reschedule shipment. If only a portion of the Product can be provided on the Delivery Date, Seller shall provide requested Product unless directed by NEPHRON to reschedule delivery. Partial deliveries shall be deemed late shipments and be considered complete only when all Product has been delivered or provided. Notwithstanding the above, upon Seller’s notice of any prospective failure to provide Product in time to meet the Delivery Date, NEPHRON reserves the right to terminate the Purchase Order and any subsequent Purchase Orders without any charge or liability.
Sample 1

Related to Prospective Failure

  • Force Majeure Failure Buyer shall have the right, but not the obligation, to terminate this Agreement after the occurrence of the following:

  • Power Failure Power Failure means the failure of power or other utility service if the failure takes place off the "residence premises". But if the failure results in a loss, from a Peril Insured Against on the "residence premises", we will pay for the loss caused by that peril.

  • Termination Due to Force Majeure Event If the period of Force Majeure continues or is in the reasonable judgment of the Parties likely to continue beyond a period of 120 (one hundred and twenty) Days, the Parties may mutually decide to terminate this Agreement or continue this Agreement on mutually agreed revised terms. If the Parties are unable to reach an agreement in this regard, the Affected Party shall after the expiry of the said period of 120 (one hundred and twenty ) Days be entitled to terminate the Agreement in which event, the provisions of Articles 16 and 17 shall, to the extent expressly made applicable, apply.

  • Termination due to Force Majeure 13.5.1 If the Force Majeure Event or its effects continue to be present beyond the period as specified in Article 4.5.3, either Party shall have the right to cause termination of the Agreement. In such an event, this Agreement shall terminate on the date of such Termination Notice.

  • Customer Default The occurrence at any time of any of the following events shall constitute a “Customer Default”:

  • Epidemic Failure Warranty Supplier warrants all Products against Epidemic Failure for a period of three years after DXC’s Acceptance. Epidemic Failure means the occurrence of the same failure, defect, or non-conformity with an Order in 2% or more of Products within any three-month period.

  • Suspension upon Concessionaire Default Upon occurrence of a Concessionaire Default, the Authority shall be entitled, without prejudice to its other rights and remedies under this Agreement including its rights of Termination hereunder, to (i) suspend all rights of the Concessionaire under this Agreement including the Concessionaire's right to collect charge(s), and other revenues pursuant hereto, and (ii) exercise such rights itself and perform the obligations hereunder or authorise any other person to exercise or perform the same on its behalf during such suspension (the "Suspension"). Suspension hereunder shall be effective forthwith upon issue of notice by the Authority to the Concessionaire and may extend up to a period not exceeding 180 (one hundred and eighty) days from the date of issue of such notice; provided that upon written request from the Concessionaire and the Lenders’ Representative, the Authority shall extend the aforesaid period of 180 (one hundred and eighty) days by a further period not exceeding 90 (ninety) days.

  • Default Events (a) Any material breach of the Funding Agreement by the Recipient, including those set out below, will be an event of default (“Default Event”):

  • Developer Default Each of the following shall be an Event of Default by Developer:

  • Landlord’s Default Subject to Landlord's right to dispute its obligation in accordance with Section 5.1.5(b), if Landlord shall default in the performance or observance of any of its covenants or obligations set forth in this Agreement, and any such default shall continue for a period of ten (10) days after Notice thereof with respect to monetary defaults, and thirty (30) days after Notice thereof with respect to non-monetary defaults, from Tenant to Landlord and, subject to Section 19.3, any applicable Facility Mortgagee, or such additional period as may be reasonably required to correct such non-monetary defaults, Tenant may declare the occurrence of a "Landlord Default" under this Agreement by giving Notice of such declaration to Landlord and to such Facility Mortgagee. Thereafter, Tenant may (but shall have no obligation to) cure the same and, subject to the provisions of the following paragraph, invoice Landlord for costs and expenses (including reasonable attorneys' fees, paralegals' fees and court costs) incurred by Tenant in curing the same. If any such costs and expenses have not been reimbursed to Tenant as of the fifth (5th) day after the Landlord receives Tenant's Notice therefor, Landlord shall pay to Tenant, a late charge computed at the Overdue Rate on the amount of such reimbursement from the expiration of the applicable cure period to the date of payment thereof. Except as otherwise expressly provided herein to the contrary, Tenant shall have no right to terminate this Agreement for any default by Landlord hereunder or under the Other Leases and no right, for any such default, to offset or counterclaim against any Rent or other charges due hereunder. If Landlord shall in good faith dispute the occurrence of any Landlord Default and Landlord, before the expiration of the applicable cure period, shall give Notice thereof to Tenant, setting forth, in reasonable detail, the basis therefor, no Landlord Default shall be deemed to have occurred and Landlord shall have no obligation with respect thereto until final adverse determination thereof; provided, however, that in the event of any such adverse determination, Landlord shall pay to Tenant interest on any disputed funds at the Disbursement Rate, from the date demand for such funds was made by Tenant until the date of final adverse determination and, thereafter, at the Overdue Rate until paid. During the term of the Operating Agreement, Landlord shall indemnify and hold Tenant harmless against all claims, costs and expenses (including reasonable attorneys' fees and paralegals' fees) arising from a Landlord Default under the terms and conditions of this Agreement which shall cause an Event of Default under Section 16.01 of the Operating Agreement or a breach by Landlord of its obligations under the Owner Agreement or the Pooling Agreement. The provisions of this Section 14.2 shall survive the termination, expiration or cancellation of this Agreement for a period of five (5) years.

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