Remedial Efforts. The Party that is unable to perform by reason of a Force Majeure Event shall use commercially reasonable efforts to remedy its inability to perform and to mitigate the consequences of the Force Majeure Event as soon as reasonably practicable; provided, that no Party shall be required to obtain replacement power or to settle any strike or other labor dispute on terms which, in the Party’s sole discretion, are contrary to its interest and, except to the extent that the Unit’s primary fuel is distillate fuel oil or Schedule H expressly requires Owner to maintain fuel oil capability for the Unit, Owner shall not be required to obtain or use fuel oil to operate a Unit. The Party unable to perform shall advise the other Party of its efforts to remedy its inability to perform and to mitigate the consequences of the Force Majeure Event, and shall advise the other Party of when it believes it will be able to resume performance of its obligations under this Agreement.
Remedial Efforts. If a Force Majeure Event occurs, the Party unable to perform by reason of that Force Majeure Event shall use reasonable efforts to resume its performance under this Agreement as soon as practicable, to mitigate the consequences of the Force Majeure Event, and to limit damages to the other Party; provided that no Party shall be required to settle any strike, walkout, lockout, or other labor dispute on terms which, in the Party’s sole discretion, are contrary to its interests.
Remedial Efforts. The Party unable to perform by reason of a Force Majeure Event shall use reasonable efforts to remedy its inability to perform and to mitigate the consequences of the Force Majeure Event as soon as reasonably practicable; provided that (i) no Party shall be required to settle any strike, walkout, lockout, or other labor dispute on terms which, in the Party’s sole discretion, are contrary to its interests and (ii) the Party unable to perform shall, as soon as practicable, advise the other Party of the reason for its inability to perform, the nature of any corrective action needed to resolve performance, and its efforts to remedy its inability to perform and to mitigate the consequences of its inability to perform and shall advise the other Party of when it estimates it will be able to resume performance of its obligations under this Agreement.
Remedial Efforts. If Licensor breaches, or is alleged to have breached, the warranty set forth in Section 9.2, then Licensor may, at its sole option, take any of the following steps to remedy such breach:
Remedial Efforts. If Baleen breaches, or is alleged to have breached, any of the warranties set forth in Section 9(b), Baleen may, at its sole option, take any of the following steps to remedy such breach:
Remedial Efforts. Following an Inspection, the Parties shall meet to discuss findings, and GELESIS shall use Reasonable Efforts to implement (or cause any applicable Affiliate or Contract Manufacturer to implement) reasonable corrective action within sixty (60) days of notification of any problems (or, if such implementation cannot reasonably be completed within sixty (60) days, GELESIS shall commence such implementation or cause the Affiliate or Contract Manufacturer to commence such implementation, within sixty (60) days, and shall diligently continue or shall have diligently continued such implementation thereafter).
Remedial Efforts. If Company breaches, or is alleged to have breached, any of the warranties set forth in Section 8(b), Company may, at its sole option and expense, take any of the following steps to remedy such breach:
Remedial Efforts. If Xxxxx breaches, or is alleged to have breached, any of the warranties set forth in Section 8(b), Xxxxx may, at its sole option and expense, take any of the following steps to remedy such breach:
Remedial Efforts. If, for any reason, including [***], BLI [***] fails to provide Conforming Product or Service that conforms with this Agreement and the Service Level Standards for such Service, in each case in accordance with one or more accepted Purchase Orders for a period of [***] ([***]) consecutive days or more (each, a “Failure to Supply”), BLI shall notify Ginkgo promptly, including details of the reasons for the Failure to Supply and BLI’s estimate of when the Failure to Supply shall be corrected. BLI shall [***] minimize any shortage or delay in delivery of Beacon Optofluidic Machines (including related Hardware and Software), Consumables or Services to Ginkgo as a result of a Failure to Supply. Within [***] ([***]) days of written notification by BLI to Ginkgo under this Section 5.4.3(a) (Remedial Efforts) of a Failure to Supply, the Parties shall hold a JRC meeting at which BLI’s representatives will explain [***] the cause of such Failure to Supply and present BLI’s remedial plan to [***] Beacon Optofluidic Machines (including related Hardware and Software), Consumables or Services to be supplied to Ginkgo in accordance with this Agreement and the accepted Purchase Orders, which plan [***] (the “Remedial Plan”). BLI shall consider [***] in good faith any reasonable changes proposed by Ginkgo to the Remedial Plan. If the JRC approves the Remedial Plan, BLI will execute such Remedial Plan [***].
Remedial Efforts. Following any Inspection conducted (as described above), the Parties shall meet to discuss the inspecting Party’s findings, and [*]
