Failure to Enforce definition

Failure to Enforce. Either party's failure to enforce any provision of this Agreement will not be deemed a waiver of that provision or the Party's right to enforce the provision in the future.
Sample 1
Failure to Enforce. The failure to enforce any of the provisions of this Agreement shall not be construed as a waiver of such provisions. Further, any express waiver by Noffert Dental with respect to any breach of any provision hereunder by patient shall not constitute a waiver of Noffert Dental’s right to thereafter fully enforce each and every provision of this Agreement. I have read, understand, and agree to the terms and conditions of this Financial Agreement. Any questions regarding the agreement have been answered to my satisfaction. __________________________________________________________________ Date:_____________________________ Patient __________________________________________________________________ Date:_____________________________
Sample 1

Examples of Failure to Enforce in a sentence

  • Failure to Enforce Failure by the Board at any time to enforce the provisions of the Contract shall not be construed as a waiver of any such provisions.

  • Failure to Enforce Agreement Not a Waiver 14 ARTICLE IX PREPAYMENT Section 9.01.

  • Failure to Enforce Agreement Not a Waiver 15 ARTICLE IX PREPAYMENT Section 9.01.

  • Failure to Enforce Failure by the DFA at any time to enforce the provisions of the Contract shall not be construed as a waiver of any such provisions.

  • Failure to Enforce The failure by MSU at any time to enforce the provisions of this agreement shall not be construed as a waiver of any such provision.

  • Failure to Enforce Failure by DFA at any time to enforce the provisions of the Contract shall not be construed as a waiver of any such provisions.

  • In the event that DECE suspects that a particular DRM Client licensed, directly or indirectly, by DRM Provider for utilization by one or more Licensed Clients (a) does not comply in all material respects with the technical, implementation-related aspects of its DRM Provider License and (b) failure to enforce such noncompliance would constitute a Material Failure to Enforce, DECE shall provide DRM Provider written notice of such suspected noncompliance (a “Noncompliance Notice”).

  • Such event shall be presumed to constitute a Material Failure to Enforce.

  • Notwithstanding anything to the contrary contained herein, if DRM Provider and DECE disagree as to whether (a) a suspected noncompliance exists or (b) the actions or inactions of DRM Provider pursuant to Section 3.3.5 constitute a Material Failure to Enforce, then, at the request of either party, DECE and DRM Provider shall attempt in good faith for a period of no less than 30 days (or such other period as may be agreed by the parties) to resolve such disagreement.

  • If, at the end of such period, no agreement exists between DECE and DRM Provider, either party may commence within 90 days after the date of the initial Noncompliance Notice expedited arbitration in accordance with Exhibit C hereto to resolve such disagreement, in which case any action by DECE based on a determination that such incident constitutes a Material Failure to Enforce shall be stayed until the end of such arbitration.

Related to Failure to Enforce

  • law enforcement means the prevention, detection or investigation of terrorist offences or other serious criminal offences;

  • Breach of Agreement provisions of Section 5(a)(ii) will apply to Party A and will not apply to Party B.

  • Breach of trust means a breach of any duty imposed on a trustee by this Act or by the terms of the trust;

  • Intentional Breach means, with respect to any agreement or covenant of a party in this Agreement, an action or omission taken or omitted to be taken by such party in material breach of such agreement or covenant that the breaching party intentionally takes (or fails to take) with actual knowledge that such action or omission would, or would reasonably be expected to, cause such material breach of such agreement or covenant.

  • Breach of Security means the occurrence of unauthorised access to or use of the Premises, the Services, the Contractor system or any ICT or data (including the Authority’s Data) used by the Authority or the Contractor in connection with this Contract.

  • Legitimate law enforcement purpose means a goal within the lawful authority of an officer that is to be achieved through methods or conduct condoned by the officer’s appointing authority.

  • Breach means the acquisition, access, use, or disclosure of PHI in a manner not permitted 9 under the HIPAA Privacy Rule which compromises the security or privacy of the PHI.

  • Indemnification Obligations means each of the Debtors’ indemnification obligations in place as of the Effective Date, whether in the bylaws, certificates of incorporation or formation, limited liability company agreements, other organizational or formation documents, board resolutions, management or indemnification agreements, or employment or other contracts, for their current and former directors, officers, managers, employees, attorneys, accountants, investment bankers, and other professionals and agents of the Debtors, as applicable.

  • Breach of Duty means the Director or Officer breached or failed to perform his or her duties to the Corporation and his or her breach of or failure to perform those duties is determined, in accordance with Section 8.04, to constitute misconduct under Section 180.0851 (2) (a) 1, 2, 3 or 4 of the Statute.

  • Law enforcement agency means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make traffic stops in the routine performance of the officers' official duties.

  • Breach of the security of the system means unauthorized acquisition or acquisition without valid authorization of physical or computerized data which compromises the security, confidentiality, or integrity of personal information maintained by the district. Good faith acquisition of personal information by an officer or employee or agent of the district for the purposes of the district is not a breach of the security of the system, provided that the private information is not used or subject to unauthorized disclosure.

  • Breach of Contract means the failure of a Party to perform any of its obligations in accordance with this Contract, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Contractor is debarred or suspended under §24-109-105, C.R.S. at any time during the term of this Contract, then such debarment or suspension shall constitute a breach.

  • Limitation of Liability Insert the following Section 15, after Section 14:

  • By-law Enforcement Officer means a municipal law enforcement officer of the Corporation of the Town of Huntsville who is dully appointed by the Council of the Corporation for the purpose of enforcing the provisions of the Corporation’s By-laws.

  • Breach of system security means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of sensitive personal information maintained by a person, including data that is encrypted if the person accessing the data has the key required to decrypt the data. Good faith acquisition of sensitive personal information by an employee or agent of the person for the purposes of the person is not a breach of system security unless the person uses or discloses the sensitive personal information in an unauthorized manner. Business and Commerce Code 521.053(a)

  • Bylaw Enforcement Officer means a person or persons appointed from time to time by resolution of City Council pursuant to Section 36 of the Police Act, the purpose of which is to enforce regulatory bylaws of the municipality.

  • Law enforcement unit means an individual office, department, division, or other component of an education agency or institution that is officially authorized or designated by that agency or institution to (1) enforce laws or refer matters of law enforcement to appropriate authorities, or (2) maintain the physical security and safety of the agency or institution.

  • Complications of Pregnancy means conditions whose diagnoses are distinct from pregnancy but are adversely affected by pregnancy or are caused by pregnancy. These conditions include acute nephritis, nephrosis, cardiac decompensation, missed abortion and similar medical and surgical conditions of comparable severity. Complications of pregnancy also include nonelective cesarean section, ectopic pregnancy which is terminated and spontaneous termination of pregnancy, which occurs during a period of gestation in which a viable birth is not possible.

  • Law enforcement officer means any officer authorized to direct or regulate traffic or to make

  • Support enforcement agency means a public official or agency authorized to seek:

  • 13 Interest Rate Agreements"..............................................................13 "Inventory Facility"....................................................................14 "Investment"............................................................................14 "Issue Date"............................................................................14 "Lien"..................................................................................14 "Liquidated Damages"....................................................................14 "Manufacturer"..........................................................................15 "Maturity"..............................................................................15 "Moody's"...............................................................................15 "Net Cash Proceeds".....................................................................15 "Non-U.S. Person".......................................................................16 "Officers' Certificate".................................................................16 "Opinion of Counsel"....................................................................16 "Opinion of Independent Counsel"........................................................16 "Outstanding"...........................................................................16 "Pari Passu Indebtedness"...............................................................17 "Paying Agent"..........................................................................17 "Permitted Guarantor Junior Payment"....................................................17 "Permitted Holders".....................................................................17 "Permitted Investment"..................................................................18 "Permitted Junior Payment"..............................................................19 "Permitted Subsidiary Preferred Stock"..................................................19 "Person"................................................................................19 "

  • Governing Law This Agreement is governed by, and shall be construed in accordance with, English law.

  • Intentionally means that the person referred to has a purpose to do or fail to do the act or cause the result specified or believes that the act or failure to act, if successful, will cause that result. A person "intentionally" violates a statute:

  • Civil Enforcement Officer means a person authorised by or on behalf of Lancashire County Council in accordance with Section 76 of the Traffic Management Act 2004;

  • Punitive Damages are those damages awarded as a penalty, the amount of which is neither governed nor fixed by statute.

  • Indemnification Obligation means any existing or future obligation of any Debtor to indemnify current and former directors, officers, members, managers, agents or employees of any of the Debtors who served in such capacity, with respect to or based upon such service or any act or omission taken or not taken in any of such capacities, or for or on behalf of any Debtor, whether pursuant to agreement, the Debtors’ respective memoranda, articles or certificates of incorporation or formation, corporate charters, bylaws, operating agreements, limited liability company agreements, or similar corporate or organizational documents or other applicable contract or law in effect as of the Effective Date, excluding any obligation to indemnify any of the foregoing parties with respect to any act or omission for or on behalf of the Debtors arising out of any act or omission determined by a Final Order to constitute actual fraud, willful misconduct, or gross negligence.