Nonperforming Party definition

Nonperforming Party shall have the meaning as defined in Section 5.2.

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Nonperforming Party shall have the meaning set forth in SECTION 15.02.

Nonperforming Party has the meaning set forth in Section 9.5(a).

Examples of Nonperforming Party in a sentence

• To the extent a Non-performing Party is entitled to defer certain liabilities pursuant to Article 21 (Force Majeure) of the Agreement, the permitted period of deferral shall be governed by Section 21.6 (Termination for Force Majeure) in lieu of this Article 15 (Events of Default).

• If a Force Majeure Event occurs, the Nonperforming Party is excused from the performance thereby prevented and from satisfying any conditions precedent to the other party’s performance that cannot be satisfied, in each case to the extent limited or prevented by the Force Majeure Event.

• When the Nonperforming Party is able to resume its performance or satisfy the conditions precedent to the other party’s obligations, the Nonperforming Party shall immediately resume performance under this Agreement.

• Notwithstanding any other provision of this Agreement, if a Party (the "Nonperforming Party") fails to give its full cooperation and use its best efforts in the conduct of an audit or other proceeding as provided by this Section 5.2, and such failure results in the imposition of additional Taxes for the period or periods involved in the audit or other proceeding, the Nonperforming Party shall be liable in full for such additional Taxes.

• Force Majeure Event" means any act or event that (a) prevents a party (the "Nonperforming Party") from performing its obligations or satisfying a condition to the other party’s (the "Performing Party") obligations under this Agreement, (b) is beyond the reasonable control of and not the fault of the Nonperforming Party, and (c) the Nonperforming Party has not, through commercially reasonable efforts, been able to avoid or overcome.

• To the extent a Non-performing Party is entitled to defer certain liabilities pursuant to Article 21 (Force Majeure) of the Agreement, the permitted period of deferral shall be governed by Section 21.6 (Events of Default) in lieu of this Article 15 (Events of Default).

• The Non-performing Party shall immediately notify the other party by telephone (to be confirmed in writing within five (5) days of the inception of the Force Majeure Event) and describe at a reasonable level of detail the circumstances causing such default or delay.

• The Non-performing Party will be excused from any further performance of the obligations affected by such Force Majeure Event for as long as the Force Majeure Event continues and the Non-Performing Party continues to use its reasonable efforts to recommence performance.

• Either Party who fails to timely perform their obligations under this Agreement (“Nonperforming Party”) shall be excused from any delay or failure of performance required hereunder if caused by reason of a Force Majeure Event as defined herein, as long as the Nonperforming Party complies with its obligations as set forth below.

• Thereafter the Nonperforming Party shall update that information as reasonably necessary.

More Definitions of Nonperforming Party

Nonperforming Party has the meaning assigned in the definition of Force Majeure Event.

Nonperforming Party shall have the meaning specified in Section 8.14 "Non-Union Employees" shall mean the employees of the Sellers at the Plants who are not covered by the Collective Bargaining Agreements.

Nonperforming Party has the meaning set forth in Section 13.5 (Force Majeure) of this Agreement.

Nonperforming Party means a Party that is prevented, in whole or in part, from performing its obligations under this Agreement.

Nonperforming Party has the meaning as set out in Section 12.8. Notice has the meaning as set out in Section 11.1.