Remedies for Failure Sample Clauses
Remedies for Failure to Deliver and Receive -------------------------------------------
2.3.1 Seller's Failure to Deliver ---------------------------
(a) If Seller fails to deliver to Buyer its natural gas requirements up to the MDQ on any day, for reasons other than (i) imbalances or variations under transportation agreements or operational balancing agreements, which are governed by Article V or (ii) an event of force majeure or an event described in Section 5.5, then Seller shall reimburse or credit to Buyer for the following:
(1) Seller will reimburse Buyer for the sum of (a) the difference, if positive, between (i) the price Buyer pays for a substitute supply of gas or other alterative fuel such as propane and (ii) the prices set forth in Section 3.1.1 of this Agreement (calculated based upon Buyer's actual load factor under this Agreement) multiplied by the quantity Seller failed to deliver in accordance with this subsection, (b) any reasonable incremental costs and expenses incurred in transporting the substitute supplies and (c) any reasonable incidental expenses incurred in purchasing the substitute supplies. Buyer agrees to act in good faith in purchasing such
(2) If Buyer, through reasonable efforts, is unable to obtain substitute supplies, then Seller shall provide Buyer the difference between the highest commodity price that was paid by Buyer for the purchase of gas or an alterative fuel, such as propane, during the last two years (not to exceed $10 per MMBtu) and the prices set forth in Section 3.1.1 of this Agreement (calculated based upon Buyer's actual load factor under this Agreement) multiplied by the quantity of gas Seller failed to deliver in accordance with the above.
Remedies for Failure. If the Service Provider breaches any warranty set out in clause 14.1, then, without limiting the Lead Agency's other rights or remedies:
(a) the Service Provider must promptly remedy the breach at its cost on receipt of notice in writing from the Lead Agency requiring the breach to be remedied; and
(b) if the Service Provider fails to remedy the breach within the time specified in the Lead Agency's notice given under clause 14.3(a), the Lead Agency may, without limiting its other rights and remedies, withhold any payment due to the Service Provider until the matter is resolved. To avoid doubt, the Service Provider must continue to provide the Services under this Lead Agency Agreement notwithstanding the Lead Agency exercising of any of the remedies contemplated in this clause 14.3.
Remedies for Failure of Venturer to Make Additional --------------------------------------------------- Contributions. When additional contributions are necessary to carry out ------------- the purposes of the Venture or to carry on the business of the Venture and any Venturer fails to make its full share of such additional contributions within thirty (30) days after the required or agreed date thereof, then the other Venturers may make such contribution (hereinafter called the "Contributing Venturers") in which event the proportionate Venture interest of the Venturer failing to make such additional contribution (hereinafter called the "Delinquent Venturer") shall be decreased by twice the percentage equal to the percentage which such additional contribution to the Venture bears to the total contributed capital of the Venture including the subject additional capital contribution, and the Venture interest of the contributing Venturers will be increased by a like amount. The Delinquent Venturer shall, however, have ninety (90) days from the date of the payment by the Contributing Venturer or Venturers in which to cure (as hereinafter provided) the failure to make its full share of such additional contribution, and upon cure, the Venture interests of the respective Venturers prior to the above contemplated delinquency adjustment shall be reinstated. Said cure shall only be accomplished by payment by the Delinquent Venturer to the Contributing Venturer or Venturers of an amount equal to fifteen percent (15%) of the Delinquent Venturer's required share. In the event that Delinquent Venturer's contribution is not made by any other Venturer but other Venturers have contributed their shares of the additional contribution, then in that event, upon expiration of one hundred twenty (120) days after the required or agreed date for contributions to be made, the respective interests of the Venturers shall be adjusted to reflect additional capital contributions made. In all instances Exhibit "A" shall be amended to reflect the change in Venture interests of the Venturers.
Remedies for Failure. In addition to any other rights a party may have at law, if a party defaults by failing to comply with any material term, term or condition of this Agreement (including, without limitation, failure to make timely payment of money), the other party may terminate the Agreement by giving written notice to that party, which is in default. The notification shall include a sufficiently detailed description of the nature of the violation. The party receiving such notice shall have 0 days from the effective date of such notice to cure the deficiency. Unless a party waives notice, failure to cure defects within this period will result in automatic termination of this Agreement. 11.
Remedies for Failure. If the Supplier breaches any warranty set out in clause 10.1(c) to (h), then, without limiting the Ministry’s other rights or remedies:
(a) the Supplier must promptly remedy the breach at its cost upon receipt of notice in writing from the Ministry requiring the breach to be remedied; and
(b) if the Supplier fails to remedy the breach to the Ministry’s reasonable satisfaction within the time specified in the Ministry’s notice given under clause 10.2(a), the Ministry may, without limiting its other rights and remedies, do either or both of the following:
(i) withhold any payment due to the Supplier until the matter is resolved to the Ministry’s reasonable satisfaction; and
(ii) remedy the defect itself, or by contracting a third party to do so, at the Supplier’s cost.
Remedies for Failure. [ ] Accelerated Payment of Damages. If not checked, inapplicable. to Deliver or Receive
Remedies for Failure. A. Service Credits
(1) In the event of a Failure, Clicknology will provide Customer with a Service Credit (as defined in this Part IX, Section A(2), below), pursuant to the provisions, requirements, and limitations of this SLA, including Parts IX through XI.
(2) A Service Credit is a credit equivalent to one-hundred percent (100%) of Customer’s fees for the impacted Service feature for the duration of the Failure. (By way of example, a Failure lasting seven (7) hours would result in Service Credit of seven (7) hours of free service for the feature in question, and a Failure lasting fifteen (15) minutes would result in a fifteen (15)-minute Service Credit). No Service Credit will exceed one-hundred percent (100%) of Customer’s fees for the Service feature in question for the then-current billing month. The Service Credit is calculated based on the duration of the Failure, which begins (a) when an automated alert is received by Clicknology, or (b) when Customer opens a Support Case, and ends when the Failure is remedied as verified by the Customer.
B. Limitations & Warranty Disclaimer The remedies set forth in this SLA are Customer’s sole and exclusive remedies for any Failure, including without limitation for any breach of warranty, except as specifically set forth in the Agreement.
Remedies for Failure. OF A PRIVATE MEMBER TO MAKE A CONTRIBUTION TO CAPITAL
Remedies for Failure. If any of the Services and Documentation are not, in the Participating Agency's reasonable opinion, provided in accordance with this Participating Agency Agreement, the Participating Agency may, without limiting its other rights or remedies, take one or more of the following actions:
(a) give the Service Provider a notice requiring the Service Provider to immediately remedy the deficiency at the Service Provider's cost;
(b) withhold any payment due to the Service Provider until the deficiency is remedied to the Participating Agency's reasonable satisfaction; or
(c) if the Service Provider does not remedy the deficiency to the Participating Agency's reasonable satisfaction within a reasonable period after the Participating Agency giving notice under clause 6.6(a), deduct a reasonable amount from the payment due to the Service Provider related to this failure to reflect the deficiency.