Remedies for Failure to Deliver or Accept Sample Clauses

Remedies for Failure to Deliver or Accept the Contract Quantity) of the General Agreement as amended by this Austrian VTP Appendix shall apply to Austrian VTP Transactions for which the Time Unit is a Day in respect of any differences between each Hourly Contract Quantity and the quantity allocated by CEGH as delivered and accepted between the Parties at the Austrian VTP in that hour rather than in respect of any differences between the Contract Quantity and the Delivered Quantity for the Day.
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Remedies for Failure to Deliver or Accept the Contract Quantity); and
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Remedies for Failure to Deliver or Accept the Contract Quantity 5.1 For the purposes of TVB Transactions, §§ 8.1 to 8.4 (Under Delivery, Under Acceptance, Over delivery and Over Acceptance) of the General Agreement shall be deleted and replaced with the following: “1.
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Remedies for Failure to Deliver or Accept the Contract Quantity) in circumstances where there is more than one Individual Contract between the Parties for a Time Unit at the same Delivery Point then the Default Quantity for the relevant Time Unit shall be allocated on a pro rata basis to those Individual Contracts under which the Net Buyer is the Buyer (such allocation to be calculated by the Net Seller) and to the extent there is a Seller's Default by the Net Seller under § 8 (
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Remedies for Failure to Deliver or Accept the Contract Quantity), then the Default Quantity shall be allocated on a pro rata basis to those Individual Contracts under which the Net Seller is the Seller (such allocation shall be calculated by the Net Buyer).
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Remedies for Failure to Deliver or Accept the Contract Quantity) as amended herein, shall apply in respect of any Default Quantity that arises in respect of such AOC Transaction." 5. Force Majeure 5.1 For the purposes of an AOC Transaction §7 (Non- Performance Due to Force Majeure) of the General Agreement shall apply with the deletion of the words: “unless this constitutes a Transportation Failure” from § 7.1 (Definition of Force Majeure). Furthermore, if the Network Operator exercises any of its rights under the NGTS, the contracts for access to the transport or distribution system, or other applicable regulation, which impairs the performance of delivery or acceptance of Natural Gas at the AOC by restricting the availability of the AOC which results in a Party being unable to fulfil in whole or in part any of its contractual obligations under an AOC Transaction and such action by the Network Operator has not been caused in whole or in part by the Claiming Party, then this shall constitute a Force de una Parte de Nominar deberán incluir, sin limitación, el cumplimiento de todas las obligaciones y requisitos establecidos tanto en las NGTS, como en la Transacción AOC, a condición de que hasta que el sistema MS-ATR opere en base a un" sistema de último macheo" (i.e., la última nominación macheada por las dos Partes es la que prevalece): (i) el Vendedor (a menos que las Partes acuerden de otra manera con respecto a una Transacción AOC) xxxxxx nominar, la Cantidad Contractual en el MS-ATR con respecto a la Transacción AOC correspondiente, tan pronto como sea posible y en todo caso, (a) no más tarde de dos (2) horas antes del Límite Temporal, o, (b) si restaran menos de dos (2) horas para el Límite Temporal, lo antes posible y con antelación suficiente para que el Comprador pueda aceptar la nominación antes del Límite Temporal, y (ii) siempre que el Vendedor haya nominado correctamente dentro del plazo establecido en el § 4.2 (i) anterior, el Comprador aceptará la nominación con respecto a dicha Transacción AOC en el MS-XXX, lo antes posible y en todo caso, no más tarde del Límite Temporal aplicable. Las Partes cooperarán de buena fe para el cumplimiento de las respectivas obligaciones de Nominación. Para ello: (A) las Partes se informarán sin demora mutuamente de los errores o retrasos, y (B) si el Vendedor no ha nominado la Cantidad Contractual correcta en el MS-ATR en el plazo establecido en el § 4.2 (i)(a) anterior, el Comprador, con sujeción a (A), tiene derecho a rechazar o aceptar la Cantidad C...
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Remedies for Failure to Deliver or Accept the Contract Quantity 5.1 For any AOC Transaction in which Unit Values have been agreed, unless the Parties provide otherwise in such agreement, REMEDY B below shall apply only in respect of the portion of the Default Quantity, if any, that has not been replaced, in whole or in part, by the Party not at fault and REMEDY A shall apply only with respect to the portion of the Default Quantity that has been replaced, if any, by the Party not at fault, without duplication. In all other cases, REMEDY A shall apply by default. REMEDY A: §§ 8.1 to 8.4 (
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Remedies for Failure to Deliver or Accept 
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Related to Remedies for Failure to Deliver or Accept

  • Failure to Deliver Applicable

  • Remedies for Noncompliance If a Contractor fails to comply with Federal statutes, regulations or the terms and conditions of a Federal award, HUD or the City of Xxxxx may impose additional conditions, as described in 2 CFR 200.207 Specific Conditions. If HUD or the City of Xxxxx determines that noncompliance cannot be remedied by imposing additional conditions, HUD or the City of Xxxxx may take one or more of the following actions, as appropriate in the circumstances:

  • Breach and Remedies for Breach 14 10.1 Liquidated Damages Schedule and Schedule Amendments.

  • 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.

  • 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.

  • Remedies for Contractor Breach Pertaining to contract-related issues, it is the responsibility of both the Agency and the Contractor to communicate with each in as clear and complete a manner as possible. If at any time during the term of this contract the Agency 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 the Agency 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, the Agency shall retain the right to, if conditions warrant, require the Contractor to respond in a shorter period of time). Further, the Agency shall, at a minimum, employ the following steps in dealing with the Contractor as to any performance issues:

  • 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:

  • Election of Remedies and Waiver A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

  • Non-Exclusive Remedies The remedies provided for in this Section 7 are not exclusive and shall not limit any rights or remedies which may otherwise be available to any Indemnified Person at law or in equity.

  • Sole and Exclusive Remedy Except in the event of fraud or any Willful Breach of any representation, warranty or covenant or agreement contained herein, if this Agreement is validly terminated pursuant to Section 8.1, Parent’s receipt of the Termination Fee to the extent owed pursuant to Section 8.3(b) and any amounts owed pursuant to Section 8.3(d), and Parent’s right to seek specific performance pursuant to Section 9.10 (subject to the limitations set forth in Section 9.10), will be the sole and exclusive remedies of Parent and Merger Sub against (A) the Company and its Subsidiaries; and (B) the former, current and future holders of any equity, controlling persons, Representatives, Affiliates, members, managers, general or limited partners, stockholders, directors, officers, employees, agents, attorneys and assignees of each of the Company, its Subsidiaries and each of their respective Affiliates and former, current and future holders of any equity, controlling persons, Representatives, Affiliates, members, managers, general or limited partners, stockholders, directors, officers, employees, agents, attorneys and assignees of each of the foregoing (the Persons in clauses (A) and (B) collectively, the “Company Related Parties”) in respect of this Agreement and the Transactions. Except in the event of fraud or any Willful Breach of any representation, warranty or covenant or agreement contained herein, upon payment of the Termination Fee to Parent or its designee, none of the Company Related Parties will have any further monetary liability or obligation to (A) Parent or Merger Sub; or (B) the former, current and future direct or indirect holders of any equity, controlling persons, Representatives, Affiliates (other than Parent or Merger Sub), members, managers, general or limited partners, stockholders and assignees of each of Parent and Merger Sub (the Persons in clauses (A) and (B) collectively, the “Parent Related Parties”) relating to or arising out of this Agreement or the Transactions (except that the Company and its Subsidiaries (or their Affiliates) will remain obligated with respect to, and Parent and Merger Sub may be entitled to remedies with respect to, the Confidentiality Agreement, Section 8.3(a) (with respect to the expenses of the Company) and Section 8.3(d), as applicable.

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