Failure to Take definition

Failure to Take means (i) in the case of a Physically Settled Gas Futures Transaction the failure of a Buyer or Exchange to take delivery of any portion of the Contract Quantity to be received in accordance with a Physically Settled Futures Transaction as determined by the applicable Transportation System and as more particularly set forth in Schedules “F”, “G”, or “J”, as applicable or, (ii) in the case of a Physically Settled Power Futures Transaction, a Failure to Schedule to Take;
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Failure to Take has the meaning set specified in Clause 6.2.1.
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Failure to Take means (i) in the case of a Physically Settled Gas Futures Transaction the failure of a Buyer or Exchange to take delivery of any portion of the Contract Quantity to be received in
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Examples of Failure to Take in a sentence

  • Financial consequences may be imposed for failure to implement or to make acceptable progress on such corrective action as identified and set forth in the Lutheran Services Standard Contract, Financial Penalties for Failure to Take Corrective Action.

  • Penalty for Failure to Take Bond: No special statutory provision.

  • However, for DAP deliveries there shall be no Failure to Take if the Seller does not tender a valid NOR by expiry of the Arrival Window.

  • In the event of a Failure to Take there shall be a further forty-eight (48) hour period to commence immediately following the end of the expiry of the Allowed Laytime, during which the Parties shall use reasonable endeavours to reschedule the LNG Cargo (subject to Buyer reimbursing any reasonable, actual, documented, direct costs incurred by Seller as a result of such rescheduling).

  • Financial Penalties for Failure to Take Corrective Action In accordance with the provisions of section 402.73(1), F.S., and Rule 65-29.001, F.A.C., should the Department require a corrective action to address noncompliance under this Contract, incremental penalties listed in section 6.1.2 through section 6.1.3 shall be imposed for Provider failure to achieve the corrective action.

  • This limit of liability does not apply to the liability of Exchange for a Failure to Pay, Failure to Deliver or Failure to Take, in the case of a Transaction, and in respect of Exchange’s agreement to indemnify the Contracting Party for infringement as set forth in Section 3.4.

  • Financial Penalties for Failure to Take Corrective Action In accordance with the provisions of section 402.73(1), F.S., and Rule 65-29.001, F.A.C., corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Contract.

  • INSPECTIONS, PENALTIES, AND TERMINATION Financial Penalties for Failure to Take Corrective Action In accordance with the provisions of §402.73(1), F.S., and Rule 65-29.001, F.A.C., should the Department require a corrective action to address noncompliance under this Contract, incremental penalties listed in 6.1.2 through 6.1.3 shall be imposed for the Provider’s failure to achieve the corrective action.

  • The remedies set out in Clause 6.2 and Clause 6.3 shall be the sole and exclusive remedies, whether in tort (including negligence), contract or otherwise at law available to Seller in the event of a Failure to Take, and to Buyer in the event of a Failure to Deliver.

  • Penalty for Failure to Take Bond: No special statutory provision, except in the Transportation Code.


More Definitions of Failure to Take

Failure to Take means the failure of a Buyer or Exchange to take delivery of any portion of the Contract Quantity to be received in accordance with a PhysicalPhysically Settled Futures Transaction as determined by the applicable Transportation System and as more particularly set forth in Schedules "F", "G" or Schedule "H", as applicable;
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Related to Failure to Take

  • Omission is the failure to submit part or all of the information or documentation required in the tendering document.

  • Credible threat means a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat. The present incarceration of the person making the threat is not a bar to prosecution under this section.

  • Intentional Wrongdoing means an act or omission taken or omitted by a Party with knowledge or intent that injury or damage could reasonably be expected to result.

  • Threatened a claim, Proceeding, dispute, action, or other matter will be deemed to have been "Threatened" if any demand or statement has been made (orally or in writing) or any notice has been given (orally or in writing), or if any other event has occurred or any other circumstances exist, that would lead a prudent Person to conclude that such a claim, Proceeding, dispute, action, or other matter is likely to be asserted, commenced, taken, or otherwise pursued in the future.

  • Delay means: a delay in the Achievement of a Milestone by its Milestone Date; or a delay in the design, development, testing or implementation of a Deliverable by the relevant date set out in the Implementation Plan;