Remedies for Non-Performance. 16.1 In the event of a Party not performing according to the agreed terms of the Agreement, the following procedure will apply:-
Remedies for Non-Performance. 16.1 In the event of a Party not performing according to the agreed terms of the Agreement, the following procedure will apply:- Where one Party considers that the other Party has not performed its obligations under the Agreement, that Party may request a meeting with the other Party by giving (two) weeks notice in writing. Such meeting to include the Nominated Officers and representatives of the Parties responsible for the provision and receipt of the particular Services which have been under performed (which may include the LPC). Following such meeting, the Party which has not performed adequately will be given a reasonable period to resolve such non-performance to the satisfaction of the other Party.
Remedies for Non-Performance. Purchaser's remedies regarding breach of warranty or representation by Seller are governed by Paragraph 5.3. In the event of any other default by Seller hereunder, Purchaser may, as its sole and exclusive remedy, either (i) terminate this Agreement and seek damages, subject to performance of Purchaser's indemnities set forth in Paragraph 9.15, and receive back the Deposit or (ii) seek specific performance. If said sale is not consummated because of a default under this Agreement on the part of Purchaser, the Deposit will be paid to and retained by Seller as Seller's sole and exclusive remedy. Seller and Purchaser acknowledge that the Deposit is a reasonable forecast of just compensation for the harm that could be caused by Purchaser's default and that the harm suffered by Seller is difficult or impossible to accurately ascertain or predict. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, SELLER'S TOTAL LIABILITY FOR DAMAGES FOR BREACH OF THE COVENANTS, AGREEMENTS, WARRANTIES AND REPRESENTATIONS UNDER THIS AGREEMENT AND THE OTHER AGREEMENTS, COLLECTIVELY, SHALL NEVER EXCEED TWO MILLION DOLLARS ($2,000,000.00), AND IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES.
Remedies for Non-Performance. If Contractor fails to perform any of its obligations under this Agreement, County may, at its sole discretion, and in addition to any remedies available at law or in equity, require Contractor to repay all or any part of the Funding Amount to County.
Remedies for Non-Performance. 11.1 Should Subcontractor at any time, whether before or after final payment:
Remedies for Non-Performance. 11.1 The SLA is binding on both parties. Subject to clause 11.2 below, in the event of non compliance with the terms of the SLA on the part of either party, a meeting will be instigated within 2 weeks to seek to resolve the matter. The purpose of this meeting will be to resolve the issue and where necessary devise a remedial plan to be implemented immediately. Should non compliance continue and be identified through activity, quality and audit monitoring, either party can invoke the notice period for the termination of the SLA as stated in section 15.
Remedies for Non-Performance. Notwithstanding any provision of this MOU to the contrary, if a Party fails to comply with any term or condition of this MOU, the other Party may exercise any or all of the following remedies: (a) any remedy specified in this MOU for such non-performance; or (b) any remedy available to the Party at law or in equity for such non-performance. The rights and remedies of the Parties under this MOU are cumulative and exercise of any one or more of such rights or remedies shall not limit, waive, or deny any of a Party’s other rights or remedies under this MOU, at law or in equity, existing as of the Effective Date or later enacted or established, that may be available to a Party.
Remedies for Non-Performance a) In the event Purchaser fails to timely pay any invoice for Products, except in the event of (i) a good faith payment dispute in accordance with Appendix 2 and/or (ii) a breach by Seller of its warranty set forth in Section 7.1(i),upon the expiration of the twenty (20) day cure period, Seller will have no further obligation to sell Products to Purchaser, and Purchaser will be liable to purchase from Seller all amounts of Products deliverable hereunder during the remaining Term of this Agreement, which amount shall be based on a per annum Product yield equal to either *** liters or if greater, the volume of Products actually purchased by Purchaser during the *** month period immediately prior to the termination date.
Remedies for Non-Performance. The following remedies for non-performance apply on a per Campaign or program basis and AWS and Phase 2 Solutions will measure the Service Level on a bi-weekly basis. Service Level Matrix Goal Penalty Penalty Penalty 1st Consecutive 2nd Consecutive 3rd Consecutive Reporting Period Reporting Period Reporting Period ------------------------------------------------------------------------------------ Blocked Calls ***% ---------------------------- Actual >***% ***% ***% ***% >***% ***% ***% ***% >***% ***% ***% ***% ---------------------------- Abandoned Calls ***% ---------------------------- Actual >***% ***% ***% ***% >***% ***% ***% ***% >***% ***% ***% ***%
Remedies for Non-Performance. In the event of the practice not performing according to the Terms of the Service Agreement the following procedures will apply:- Where one party considers that the other party has under-performed its contractual obligations, that party will instigate a meeting with the other within 4 weeks. The party will then be given 4 weeks to resolve the issue to the satisfaction of the other party. It is assumed that there will be a joint discussion between both parties to reach a mutually acceptable outcome. Where the issue has not been rectified within the agreed timescales, the other party will have the right of recourse of arbitration.
