Remedy for Noncompliance Sample Clauses

Remedy for Noncompliance. If (a) the gas sold under this ------------------------ Agreement fails to meet the standards concerning quality or pressure set forth in Section 8.1, (b) Tennessee fails to receive and transport the gas and (c) Tennessee does not deliver the requirements of Buyer, then Seller shall be deemed to have failed to deliver the quantities nominated by Buyer, and shall be subject to the remedies set forth in Section 2.3 above. ARTICLE IX
Sample 1
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Remedy for Noncompliance. If the GRANTEE determines in its sole discretion that SUB-RECIPIENT has failed to comply with any term or condition of this Contract or comply with any terms of the GRANTEE’s grant agreement with the DEPARTMENT, the parties agree that the obligation to make payments under this Contract shall be suspended until such noncompliant issue or situation is resolved to the mutual satisfaction of the parties.
Sample 1
Remedy for Noncompliance. If the DEPARTMENT determines in its sole discretion that GRANTEE has failed to comply any term or condition of this Agreement, the parties agree that the DEPARTMENT’s obligation to make payments under this Agreement is suspended until such noncompliance is resolved to the mutual satisfaction of both parties. A determination of noncompliance by the DEPARTMENT may occur as a result of, but shall not be limited to, the following events:
Sample 1
Remedy for Noncompliance. It is agreed that rescuer shall retain superior title in said animal, limited to and for the express purpose of assuring the animal's well-being, and only exercise its superior claim in the event it appears to rescue that the proper and humane care, as specified in the above adoption provisions, is not being afforded said animal. The adopter will be held liable for all court costs and fees for the adopter's attorney and for rescuers’ attorney. Again, if the animal is out of state the adopter will be required to return to the rescuers state to appear in court. The adopter has read this, understands and agrees to this, and is signing this contract If the terms and conditions of this contract are not upheld by the adopter, and/or any misrepresentations have been made by the adopter, rescuer reserves the right to terminate this contract and the adopters will agree to allow a representative of rescuer to reclaim the animal without notice or refund. The adopter further agrees to pay liquidated damages, in the amount of fifty (50) dollars per day, for every day that the adopter fails to comply with the agreement terms, or willingly surrender the animal at time the incident has become knowledge to rescuer. Rescuers’ reservation of rights also includes not adopting a animal into an area or environment that may endanger the life of the animal, which includes relocating with the animal after the adoption agreement. If the animal becomes lost, seriously injured, and/or permanently disfigured, or for any reason the animal dies, the rescuer must be notified within five (5) business days. All fees are non-refundable. Adopter agrees to enroll said animal in obedience training within six months of adoption.
Sample 1

Related to Remedy for Noncompliance

  • Covenant Compliance the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Sections 9.7, 10.4(b), 10.4(c) and 10.6 and any Additional Covenant incorporated herein pursuant to Section 9.9 during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

  • Authority; No Breach By Agreement (a) Premiere has the corporate power and authority necessary to execute, deliver and perform its obligations under this Agreement and to consummate the transactions contemplated hereby. The execution, delivery and performance of this Agreement and the consummation of the transactions contemplated herein, including the Merger, have been duly and validly authorized by all necessary corporate action in respect thereof on the part of Premiere. This Agreement represents a legal, valid, and binding obligation of Premiere, enforceable against Premiere in accordance with its terms (except in all cases as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, receivership, conservatorship, moratorium, or similar Laws affecting the enforcement of creditors' rights generally and except that the availability of the equitable remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding may be brought).

  • HIPAA Compliance If this Contract involves services, activities or products subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Contractor covenants that it will appropriately safeguard Protected Health Information (defined in 45 CFR 160.103), and agrees that it is subject to, and shall comply with, the provisions of 45 CFR 164 Subpart E regarding use and disclosure of Protected Health Information.

  • Notice of Non-Compliance If for any reason the Contractor does not comply, or anticipates that it will be unable to comply, with a provision in this Schedule in any respect, the Contractor must promptly notify the Province of the particulars of the non-compliance or anticipated non-compliance and what steps it proposes to take to address, or prevent recurrence of, the non-compliance or anticipated non-compliance.

  • ADA Compliance A. The Americans with Disabilities Act (42 U.S.C. § 12101, et seq.) and the regulations thereunder (28 C.F.R. § 35.130) (“ADA”) prohibit discrimination against persons with disabilities by the State, whether directly or through contractual arrangements, in the provision of any aid, benefit, or service. As a condition of receiving this Agreement, the Company certifies that services, programs, and activities provided under this Agreement are and will continue to be in compliance with the ADA.

  • Noncompliance Except as otherwise provided for in Sections 10.1, 10.3 and 10.5(b), (a) failure or neglect of any Borrower or any Guarantor or any Person to perform, keep or observe any term, provision, condition, covenant herein contained, or contained in any Other Document or any other agreement or arrangement, now or hereafter entered into between any Borrower or any Guarantor or such Person, and Agent or any Lender, or (b) failure or neglect of any Borrower to perform, keep or observe any term, provision, condition or covenant, contained in Sections 4.6, 4.7, 4.9, 6.1, 6.3, 6.4, 9.4 or 9.6 hereof which is not cured within twenty (20) days from the occurrence of such failure or neglect;

  • Non-Compliance Any Products or Services that are not in conformity with the requirements of an Order (“Non-Complying Products” and “Non-Complying Services”, respectively), may be returned at DXC’s option at Supplier’s risk and expense. DXC may procure similar Products or Services in substitution for the Non-Complying Products or Services, and Supplier shall refund the cost of the Non-Complying Products and Service and reimburse DXC upon demand for all additional costs incurred by DXC.

  • Compliance with Financial Covenants Schedule A attached hereto sets forth financial data and computations evidencing the Borrower’s compliance with certain covenants of the Agreement, all of which data and computations are true, complete and correct.

  • Absence of Existing Defaults and Conflicts Neither the Company nor any of its subsidiaries is in violation of its respective charter or by-laws or in default (or with the giving of notice or lapse of time would be in default) under any existing obligation, agreement, covenant or condition contained in any indenture, loan agreement, mortgage, lease or other agreement or instrument to which any of them is a party or by which any of them is bound or to which any of the properties of any of them is subject, except such defaults that would not, individually or in the aggregate, result in a Material Adverse Effect.

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