Risk of Nonperformance Sample Clauses

Risk of Nonperformance. Failure of seed to germinate and/or yield and quality reduction may occur as a result of environmental factors specific to this seed including, without limitation, cold temperatures, heat, excess moisture, drought, wind and hail, disease, pests, inadequate fertility, misapplication of pesticides, planting date, planting location, soil type, irrigation practices, insects, disease and weed pressures and other acts of God. All such risks of nonperformance and/or reduced performance shall be assumed by the Buyer and user.
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Risk of Nonperformance. As with any seed used, failure of the seed to germinate and/or yield and quality reduction may occur as a result of environmental factors specific to growing this seed including, without limitation, cold temperatures, heat, excess moisture, drought, wind, hail, pests, inadequate fertility, misapplication of pesticides, planting date, planting location, soil type, irrigation practices, and insect, disease and weed pressures and other acts of God. Environmental stresses during plant and fruit growth can lead to production of hard, dark seed coats in fruit of CRUNCHY RED. Additionally, external rind color may vary from medium green to medium dark green depending upon environmental interactions. I, THE BELOW SIGNED, AS GROWER/USER or DEALER UNDERSTAND THIS RISK AND ASSUME ALL SUCH RISKS OF NON PERFORMANCE AND/OR REDUCED PERFORMANCE and agree not to sell or transfer seed of the CRUNCHY RED variety unless I inform each buyer or transferee of the risk of dark, hard seed and variable rind coloration in or on CRUNCHY RED fruit. I further agree to release Xxxxxx Xxxxx Seed Company of any and all claims or liability arising from the use of this seed and to indemnify and hold harmless Xxxxxx Xxxxx Seed Company from any claims by third parties arising out of the use of the seed.
Sample 1
Risk of Nonperformance. Failure of seed to germinate and/or yield and quality reduction may occur as a result of environmental factors specific to the Products including, without limitation, cold temperatures, heat, excess moisture, drought, wind and hail, disease, pests, inadequate fertility, misapplication of pesticides, planting date, planting location, soil type, irrigation practices, insects, disease and weed pressures and other acts of God. All such risks of non-performance and/or reduced performance of the Products are assumed by the Buyer. Bacterial Fruit Blotch on Watermelon and Melon Notice: Bacterial Fruit Blotch (“BFB”) on watermelon and melon, Acidovorax avenae subsp. citrulli, is a serious disease that has become a significant risk in watermelon and melon cultivation. The pathogen causing BFB can be introduced into a field by infected seed, infected transplants, volunteer cucurbits, and mechanical means or can be naturally spread from alternate hosts. Researchers do not fully understand how to ensure that seed is completely free of BFB. They cannot treat seed to completely eliminate BFB. While it is impossible to conduct any testing procedures which will give 100% reliable results with regard to the identification of any seed borne BFB infection, Nunhems is using its commercial best efforts to test all of its watermelon and melon seed lots. Consequently, Nunhems will have tested a sample number of seedlings from each lot pursuant to the industry approved standards and will have found no symptoms of BFB to be present within the known limits of detection prior to selling each lot. However, Xxxxxxx does not assume any responsibility for the occurrence of BFB from planting seed, transplants or on the fruit produced.
Sample 1

Related to Risk of Nonperformance

  • Nonperformance As used in this Contract, “failure to perform” means failure, for whatever reason, to deliver goods and/or perform work as specified and scheduled in this Contract. If Contractor fails to perform under this Contract, then District, after giving seven days’ written notice and opportunity to cure to Contractor, has the right to complete the work itself, to obtain the contracted goods and/or services from other contractors, or a combination thereof, as necessary to complete the work. Both parties agree that Contractor shall bear any reasonable cost difference, as measured against any unpaid balance due Contractor, for these substitute goods or services.

  • Excuse from Performance The Parties shall be excused from performing their respective obligations hereunder if they are prevented from so performing by reason of floods, earthquakes, other acts of nature, war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the Party claiming excuse from performance hereunder. Labor unrest, including but not limited to strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action conducted by Contractor's employees or directed at Contractor is not an excuse from performance and Contractor shall be obligated to continue to provide service notwithstanding the occurrence of any or all of such events. The Party claiming excuse from performance shall, within two (2) Business Days after such Party has notice of such cause, give the other Party notice of the facts constituting such cause and asserting its claim to excuse under this Section. If either Party validly exercises its rights under this Section, the Parties hereby waive any claim against each other for any damages sustained thereby. The partial or complete interruption or discontinuance of Contractor's services caused by one or more of the events described in this Section shall not constitute a default by Contractor under this Agreement. Notwithstanding the foregoing, however, if Contractor is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of thirty (30) calendar days or more, the SCWMA shall nevertheless have the right, in its sole discretion, to terminate this Agreement by giving ten (10) calendar days notice to Contractor unless Contractor has demonstrated, by the thirtieth (30th) calendar day, to the satisfaction of the SCWMA that the Contractor will resume services no later than the sixtieth (60th) day following the date service was interrupted or discontinued by Contractor.

  • Excuse for Nonperformance or Delayed Performance Except with respect to defaults of subcontractors, Contractor/Vendor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor has notified the Commission or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

  • Unsatisfactory Performance All work performed by the Contractor is expected to be done in the most expeditious and professional manner as specified in Section 5 of this document, while also complying with the workmanlike standard clause contained at Section 5.4.1.

  • Substantial Performance This Contract shall be deemed to be substantially performed only when fully performed according to its terms and conditions and any written amendments or supplements.

  • Services Performance All services are performed using generally recognized commercial practices and standards. Customer agrees to provide prompt notice of any such service concerns and HP will re-perform any service that fails to meet this standard.

  • Financial Consequences for Nonperformance The State reserves the right to withhold payment or implement other appropriate remedies, such as contract termination or nonrenewal, when the Contractor has failed to perform under or comply with the provisions of this contract. When or if the Contractor fails to perform or comply with provisions of this contract, the Contractor has ten (10) calendar days from receipt of Complaint to Vendor Form (PUR 7017) to comply as instructed within the notice. An amount of $500.00 may be assessed for each day the Contractor is delinquent after the ten (10) day notice period ends, and that amount may be withheld from a Contractor’s invoice. The rights and remedies of the State in this paragraph are not considered penalties and are in addition to any other rights and remedies provided by law.

  • Excused Performance 6.1 Notwithstanding the occurrence of a Force Majeure Event, in which case Clause 17 will govern, BT will not be liable for any failure or delay to perform any of its obligations under this Agreement (including any of its obligations to meet any Service Levels) to the extent that BT’s failure or delay in performing arises as a result of:

  • Excuse from performance of obligations If the Affected Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Event, it shall be excused from performance of such of its obligations to the extent it is unable to perform on account of such Force Majeure Event; provided that:

  • Financial Consequences of Non-Performance If the corrective action plan is unacceptable to the Department or Customer, or fails to remedy the performance deficiencies, the Contractor will be assessed a non-performance retainage equivalent to 10% of the total invoice amount or as specified in the Contract. The retainage will be applied to the invoice for the then-current billing period. The retainage will be withheld until the Contractor resolves the deficiency. If the deficiency is subsequently resolved, the Contractor may invoice the Customer for the retained amount during the next billing period. If the Contractor is unable to resolve the deficiency, the funds retained will be forfeited.

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