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;
Sample 1Sample 2Sample 3
Failure to Take has the meaning set specified in Clause 6.2.1.
Sample 1Sample 2Sample 3
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;
Sample 1

Examples of Failure to Take in a sentence

  • Failure to take response steps in accordance with Section C - Compliance Monitoring Plan - Failure to Take Response Steps, shall be considered a violation of this permit.

  • Upon payment of the amounts required to be paid in accordance with this Agreement by Exchange or the Contracting Party, as the case may be, in respect of any Failure to Deliver, Failure to Pay or Failure to Take in respect of any Physically Settled Futures Transaction, Exchange or the Defaulting Party, as the case may be, shall have no further liability under any such Physically Settled Futures Transaction or this Agreement in respect of any such Failure to Deliver, Failure to Pay or Failure to Take.

  • 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.

  • ORDER OF ADMISSION; TIME LIMITATION (a) Order of Admission (b) Time Limitation for Taking Oath - Generally (c) Extension (d) Consequence of Failure to Take Oath Timely Rule 19-212.

  • Failure to take response steps in accordance with Section C - Compliance Monitoring Plan - Failure to Take Response Steps Response to Excursions or Exceedances, shall be considered a violation of deviation from this permit.

  • When for any one reading the pressure drop across the baghouse is outside the "normal" range of operation, the Permittee shall take reasonable response steps in accordance with Section C - Compliance Response Plan - Failure to Take Response Steps.

  • 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.

  • Failure to Take a Hard Look at Baseline Conditions and Impacts to Wildlife 2627 a.


More Definitions of Failure to Take

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
Sample 1

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;

  • Potential Failure to Pay means the failure by a Reference Entity to make, when and where due, any payments in an aggregate amount of not less than the Payment Requirement under one or more Obligations, without regard to any grace period or any conditions precedent to the commencement of any grace period applicable to such Obligations, in accordance with the terms of such Obligations at the time of such failure.

  • Unwarranted failure to comply means the failure of a permittee to prevent the occurrence of any violation of the permittee's permit or any requirement of this chapter due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate any violation of such permit or this chapter due to indifference, lack of diligence, or lack of reasonable care.

  • Intentional for purposes of this Agreement, no act or failure to act on the part of the Executive shall be deemed to have been intentional if it was due primarily to an error in judgment or negligence. An act or failure to act on the Executive’s part shall be considered intentional if it is not in good faith and if it is without a reasonable belief that the action or failure to act is in the best interests of the Bank.

  • 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.

  • Breach means an impermissible use or disclosure of electronic or non-electronic sensitive personal information by an unauthorized person or for an unauthorized purpose that compromises the security or privacy of Confidential Information such that the use or disclosure poses a risk of reputational harm, theft of financial information, identity theft, or medical identity theft. Any acquisition, access, use, disclosure or loss of Confidential Information other than as permitted by this DUA shall be presumed to be a Breach

  • Threat means a statement of an intention to inflict pain, injury, damage, or other hostile action to cause fear of harm. The intention may be communicated through an electronic, written, verbal, or physical act to cause fear, mental distress, or interference in the school environment. The intention may be expressly stated or implied and the person communicating the threat has the ability to carry out the threat.

  • Wrongdoing means a violation, which is not of a merely technical or minimal nature, of a federal

  • Failure has the meaning set forth in Section 2.4.

  • Defect means any part of the Works not completed in accordance with the Contract.

  • Occasion means established violation. Only violations in the last five years will be considered for the purpose of determining second and third occasions.

  • Noncompliance means a failure in estimating, accumulating, or reporting costs to—

  • Material Document Defect As defined in Section 2.03(a) of this Agreement.

  • Document Defect As defined in Section 2.03(a).

  • Negligence means the failure to exercise "Reasonable Care".

  • Environmental Claim means any investigation, notice, notice of violation, claim, action, suit, proceeding, demand, abatement order or other order or directive (conditional or otherwise), by any Governmental Authority or any other Person, arising (i) pursuant to or in connection with any actual or alleged violation of any Environmental Law; (ii) in connection with any Hazardous Material or any actual or alleged Hazardous Materials Activity; or (iii) in connection with any actual or alleged damage, injury, threat or harm to health, safety, natural resources or the environment.

  • cyber threat means a cyber threat as defined in Article 2, point (8), of Regulation (EU) 2019/881;

  • MI Failure means when an MI report: a) contains any material errors or material omissions or a missing mandatory field; or b) is submitted using an incorrect MI reporting Template; or c) is not submitted by the reporting date(including where a Nil Return should have been filed);

  • Threatened injury means a statement, overt act, condition, or status that represents a substantial risk of physical or sexual abuse or mental injury. Threatened injury includes, but is not limited to, exposing a child to a person responsible for the child’s care who has subjected the child to, or failed to protect a child from, egregious harm, or a person whose parental rights were involuntarily terminated, been found palpably unfit, or one from whom legal and physical custody of a child has been involuntarily transferred to another.

  • Threatened species means endangered species, including flora and fauna, listed in the European Red List or the IUCN Red List, as referred to in Section 7 of Annex II to Delegated Regulation (EU) 2021/2139;

  • Persistent Failure means any two (2) or more failures by the Supplier in any rolling period of twelve (12) months to comply with obligations in respect of the Contract Services under the Contract;

  • Threatened or endangered species means all spe- cies of wildlife listed as "threatened" or "endangered" by the United States Secretary of the Interior or Commerce, and all species of wildlife designated as "threatened" or "endan- gered" by the Washington fish and wildlife commission.