United’s Failure to Perform Sample Clauses

United’s Failure to Perform. (i) If for any two consecutive Month period, United, except to the extent caused by (x) Force Majeure excusing United’s performance, (y) any failure of Tampa Electric to perform its obligations under this Agreement, fails to meet its obligations to Tampa Electric under Section 5.3.4 above, Tampa Electric shall have the right, but not the obligation (declarable no later than three (3) Business Days into the next Month) to elect one of the following remedies as to the Ocean Deficit (the difference between the total minimum Cargo quantities for which United was obliged to carry for the two Months in question and, if a lesser amount, the total Cargo quantity carried by United during those two Months shall be referred to as the “Ocean Deficit”):
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United’s Failure to Perform. (i) If for any two consecutive Month period, United, except to the extent caused by (x) Force Majeure excusing United’s performance, (y) any failure of Tampa Electric to perform its obligations under this Agreement, fails to meet its obligations to Tampa Electric under Section 3.3.4 above, Tampa Electric shall have the right, but not the obligation (declarable no later than three (3) Business Days into the next Month) to elect one of the following remedies as to the River Deficit (the difference between the total minimum Cargo quantities for which United was obliged to provide barges for the two Months in question and, if a lesser amount, the total Cargo quantity for which barges are made available by United during those two Months shall be referred to as the “River Deficit”): a) Tampa Electric may increase the minimum quantity for which United is required to provide barges for the next Month by part or all of the River Deficit (the quantity so forwarded into the next Month shall be specified by Tampa Electric in its notice given pursuant to this Section 3.3.5). For example, if the River Deficit is 20,000 Tons for January and February and United’s obligation was to provide barges for March a minimum of 324,000 Tons, Tampa Electric could increase United’s obligation by up to 20,000 Tons for March, or b) For each of October, November or December of any Year, Tampa Electric may deduct all or part of the River Deficit from the applicable annual minimum quantity of Completed Tons set forth in Section 2.2.1(i). For example, if the River Deficit was 20,000 Tons for August and September of 2009, Tampa Electric could reduce the minimum quantity for 2009, i.e., [...***...] Tons, by up to 20,000 Tons, or c) Tampa Electric may divert part or all of the River Deficit to another carrier and if the amount by which the total cost of transporting the River Deficit exceeds the applicable Rates set forth in the Agreement, United shall pay such excess to Tampa Electric. The total transportation cost shall be the result of a good faith, arms’ length agreement between Tampa Electric and the third-party carrier and shall include the reasonable expenses incurred by Tampa Electric in arranging for such carriage. The Tons of River Deficit that are carried by the third-party carrier shall be deemed “Completed Tons” for the purpose of calculating the River Shortfall under Section 2.2. 18
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Related to United’s Failure to Perform

  • Lenders’ Failure to Perform All Advances (other than Swing Loans and Agent Advances) shall be made by the Lenders contemporaneously and in accordance with their Pro Rata Shares. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Advance (or other extension of credit) hereunder, nor shall any Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligations hereunder, and (ii) no failure by any Lender to perform its obligations hereunder shall excuse any other Lender from its obligations hereunder.

  • Failure to Perform In the event of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.

  • Continue to Perform No resignation or removal of the Administrator will be effective, and the Administrator will continue to perform its obligations under this Agreement, until a successor Administrator has accepted its engagement according to Section 3.5(b).

  • Inability to Perform This Lease and the obligations of the Tenant hereunder shall not be affected or impaired because the Landlord is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of the Landlord.

  • Ability to Perform The Servicer does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement;

  • Failure to Fulfill Conditions In the event that either of the parties hereto determines that a condition to its respective obligations to consummate the transactions contemplated hereby cannot be fulfilled on or prior to the termination of this Agreement, it will promptly notify the other party.

  • Financial Ability to Perform Purchaser has available to it as of the date hereof, and will have available to it at the Closing, funds sufficient to enable Purchaser to perform all of its obligations hereunder, including delivering the Closing Purchase Price and the Purchase Price to Seller, as and when contemplated by this Agreement and to pay or otherwise perform all of the obligations of Purchaser under the other Transaction Documents.

  • Failure to Make Payment In the event a participating Authorized User fails to make payment to the Contractor for Products delivered, accepted and properly invoiced, within thirty calendar days of such delivery and acceptance, the Contractor may, upon five business days advance written notice to both the Commissioner and the Authorized User’s purchasing official, suspend additional shipments of Product or provision of services to such entity until such time as reasonable arrangements have been made and assurances given by such entity for current and future Contract payments.

  • 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.

  • Ability to Perform; Solvency The Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement. The Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of Seller's creditors;

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