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.
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Remedies for Failure. OF A PRIVATE MEMBER TO MAKE A CONTRIBUTION TO CAPITAL
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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.
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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.
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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.
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Remedies for Failure. [ ] Accelerated Payment of Damages. If not checked, inapplicable. to Deliver or Receive
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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.
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Related to Remedies for Failure

  • Remedies for Default (a) Enterprise Services’ rights to suspend and terminate Contractor’s rights under this Master Contract are in addition to all other available remedies. (b) In the event of termination for default, Enterprise Services may exercise any remedy provided by law including, without limitation, the right to procure for all Purchasers replacement goods and/or services. In such event, Contractor shall be liable to Enterprise Services for damages as authorized by law including, but not limited to, any price difference between the Master Contract price and the replacement or cover price as well as any administrative and/or transaction costs directly related to such replacement procurement – e.g., the cost of the competitive procurement.

  • Remedies for Breach It is understood and agreed that all rights and remedies afforded below shall be in addition to all remedies or actions otherwise authorized or permitted by law: a. Cover/Substitute Performance In the event of Contractor's material breach that has not been cured within thirty (30) days following Contractor’s receipt of written notice of the material breach, the Commissioner may, with or without formally Bidding: (i) Purchase from other sources; or (ii) If the Commissioner is unsuccessful after making reasonable attempts, under the circumstances then-existing, to timely obtain acceptable service or acquire replacement Product of equal or comparable quality, the Commissioner may acquire acceptable replacement service or Product of lesser or greater quality. Such purchases may be deducted from the Contract quantity without penalty or liability to the State. The Commissioner agrees that Authorized Users shall accept allocated performance or deliveries during a period where Contractor is making good faith efforts to cure a material breach. b. Withhold Payment In any case where a reasonable question of material, uncured non-performance by Contractor arises, payment may be withheld in whole or in part at the discretion of the Commissioner. Should Contractor and the Commissioner fail to agree upon the question of “materiality” in an instance of non-performance, such failure to agree shall be a dispute under the Disputes clause. c. Bankruptcy In the event that the Contractor files, or there is filed against Contractor, a petition under the U.S. Bankruptcy Code during the term of this Centralized Contract, Authorized Users may, at their discretion, make application to exercise its right to set-off against monies due the Debtor or, under the Doctrine of Recoupment, be credited the amounts owed by the Contractor arising out of the same transactions.

  • Breach and Remedies for Breach The benefits associated with Sector membership will only accrue to the Members if each of them strictly complies with this Agreement. Each Member will make significant operational and financial commitments based on this Agreement, and any Member’s failure to fulfill any of its obligations under this Agreement could have significant adverse consequences for some or all other Members. Any failure by a Member to fulfill any of its obligations under this Agreement shall constitute a breach of this Agreement. Each Member shall be bound by the procedures set forth in this Section for determining whether a Member has breached this Agreement. The Sector shall be entitled to the remedies set forth in this Section if a Member is determined by the Sector to have breached this Agreement. Each Member shall take all actions and execute all documents the Manager deems necessary or convenient to give effect to the provisions of this Section.

  • Remedies for Noncompliance In the event Contractor fails to fulfill its obligations under this Section 21, the Authority shall have available to it appropriate remedies at law or in equity, including the right to withhold amounts due to Contractor for any work until Contractor submits a corrective action plan which has been approved by the Authority or demonstrates to the Authority’s satisfaction that all good faith efforts to comply with the goals set forth herein have been exhausted, together with the ability to disqualify Contractor from future work that may, from time to time, be undertaken by the Authority as well as all unfinished work under this Contract.

  • No Waiver; Remedies, Etc No failure on the part of any Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents and the Lenders provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents and the Lenders to exercise any of their rights under any other Loan Document against such party or against any other Person.

  • Remedies for Contractor Breach Pertaining to contract-related issues, it is the responsibility of both CMHA and the contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA or the contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues: 20.16.1.1. If the contractor is in material breach of the contract, CMHA may promptly invoke the termination clause detailed within Section No. 3, form HUD-5370-C, General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. Prior to termination, CMHA may choose to warn 20.16.1.3. After termination, if the contractor does not agree with CMHA’s justification for the termination, the contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHA’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

  • REMEDIES, ETC CUMULATIVE. Each and every right, power and remedy of the Pledgee provided for in this Agreement or in any other Secured Debt Agreement, or now or hereafter existing at law or in equity or by statute shall be cumulative and concurrent and shall be in addition to every other such right, power or remedy. The exercise or beginning of the exercise by the Pledgee or any other Secured Creditor of any one or more of the rights, powers or remedies provided for in this Agreement or any other Secured Debt Agreement or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the Pledgee or any other Secured Creditor of all such other rights, powers or remedies, and no failure or delay on the part of the Pledgee or any other Secured Creditor to exercise any such right, power or remedy shall operate as a waiver thereof. No notice to or demand on any Pledgor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Pledgee or any other Secured Creditor to any other or further action in any circumstances without notice or demand. The Secured Creditors agree that this Agreement may be enforced only by the action of the Pledgee, in each case acting upon the instructions of the Required Lenders (or, after the date on which all Credit Document Obligations have been paid in full, the holders of at least a majority of the outstanding Other Obligations) and that no other Secured Creditor shall have any right individually to seek to enforce or to enforce this Agreement or to realize upon the security to be granted hereby, it being understood and agreed that such rights and remedies may be exercised by the Pledgee for the benefit of the Secured Creditors upon the terms of this Agreement.

  • Remedies for Events of Default If an Event of Default, as defined in the Indenture, occurs and is continuing, the Trustee or the Holders of not less than 25% in principal amount of the Notes then outstanding may declare all the Notes to be immediately due and payable. If a bankruptcy or insolvency default with respect to the Company or any of its Significant Subsidiaries occurs and is continuing, the Notes automatically become immediately due and payable. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of at least a majority in principal amount of the Notes then outstanding may direct the Trustee in its exercise of any trust or power.

  • Cumulative Remedies; No Waiver The rights, powers, privileges and remedies of the Administrative Agent and the Lenders provided herein or in any Note or other Loan Document are cumulative and not exclusive of any right, power, privilege or remedy provided by Law or equity. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power, privilege or remedy may be, or may be deemed to be, a waiver thereof; nor may any single or partial exercise of any right, power, privilege or remedy preclude any other or further exercise of the same or any other right, power, privilege or remedy. The terms and conditions of Article 8 hereof are inserted for the sole benefit of the Administrative Agent and the Lenders; the same may be waived in whole or in part, with or without terms or conditions, in respect of any Borrowing without prejudicing the Administrative Agent’s or the Lenders’ rights to assert them in whole or in part in respect of any other Borrowing.

  • Remedies for Non-Compliance The Recipient agrees that if FTA determines that the Recipient or a Third Party Participant receiving federal assistance under 49 U.S.C. chapter 53 is not in compliance with 49 C.F.R. part 655, the Federal Transit Administrator may bar that Recipient or Third Party Participant from receiving all or a portion of the federal transit assistance for public transportation it would otherwise receive.

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