Service Noncompliance definition

Service Noncompliance has the meaning set forth in Section 2.2(a).
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Service Noncompliance means the Service Provider’s failure to provide the Services in the manner set forth in Section 2.2(a) after receipt of written notice from the Service Recipient specifying the details of such noncompliance and the Service Provider’s failure to cure such noncompliance as soon as reasonably practicable but not later than thirty (30) calendar days after the Service Provider’s receipt of such notice; provided, that notwithstanding the foregoing, a Service Noncompliance shall not be deemed to occur if and to the extent the Service Provider is not able to provide the Services as a result of: (a) acts, omissions or contingencies not under its control; or (b) the Service Provider’s performance being excused under Section 2.15.
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Service Noncompliance means Pluto’s failure to provide the Services in the manner set forth in this Section 2.2(a) after receipt of written notice from Spinco specifying the details of such noncompliance and Pluto’s failure to cure (if capable of being cured) such noncompliance as soon as reasonably practicable but not later than thirty (30) days after Pluto’s receipt of such notice; provided that, notwithstanding the foregoing, a Service Noncompliance shall be deemed not to occur to the extent Pluto is not able to provide the Services or cure such noncompliance as a result of (i) a Force Majeure, (ii) Spinco’s breach of this Agreement, or (iii) a Compliance Concern. Pluto shall be deemed not to be in breach of this Agreement with respect to the provision of the Services unless and until such breach constitutes Service Noncompliance.
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Examples of Service Noncompliance in a sentence

  • Notice of Nonrenewal Due to Community Service Noncompliance [24 CFR 966.4(l)(2)(ii)(D), 24 CFR 960.603(b) and 24 CFR 960.607(b)] When the PHA finds that a family is in noncompliance with the community service requirement, the tenant and any other noncompliant resident must be notified in writing of this determination.

  • In the event a member of a household executes an Agreement to Cure Community Service Noncompliance with WHA-PH granting the household a one-year lease renewal and another member of the household, due to an exemption status change, fails to complete the eight (8) hour per month requirement, the ending date of the executed Agreement to Cure Community Service Noncompliance will be final with no further extensions.

  • Customer shall thereupon have three (3) business days to perform its own acceptance tests based on testing parameters shared with HISPL in advance and to either: (i) accept delivery of the Service by notifying HISPL via an email/written communication; or (ii) submit to HISPL a Service Non-compliance Notice specifically identifying any non-compliance of the Service.

  • WHA-PH is not permitted to renew the lease or continue assistance if non- exempt residents fail to comply with the service requirement or Agreement to Cure Community Service Noncompliance.

  • Standardisation is an important element in the context of industrial and innovation policy.

  • Note, professional level credit hours are not included.Subsidy Ineligible, Selective Service Non-compliance (IS): Enrollments by the student are designated ineligible because the student meets the requirements for mandatory Selective Service registration, but has failed to register.

  • For clarity, in no event shall any Service Noncompliance, or allegations thereof, relieve Purchaser of any of its payment obligations hereunder; provided that, the foregoing shall not constitute a waiver of Purchaser’s rights to initiate a good faith dispute with respect to the same subject to and in accordance with the terms hereof.

  • Part 6.6 Reporting Noncompliance to the Internal Revenue Service Noncompliance will occur if noncompliance issues are not corrected within a “reasonable” time period.

  • The vertices of Ps are the vertices of P together with a barycenter for every edge of P and a barycenter for every face of P .

  • If no Renouncement Notice is received before the Renouncement Notice Cut-off Time (as defined in § 54), the Cash Settlement Amount shall be paid automatically by the Issuer on the Redemption Date.


More Definitions of Service Noncompliance

Service Noncompliance means Pfizer’s failure to provide the Services in the manner set forth in Section 2.2(a) after receipt of written notice from the Company specifying the details of such noncompliance and Pfizer’s failure to cure such noncompliance as soon as reasonably practicable but not later than fifteen (15) Business Days after Pfizer’s receipt of such notice; provided, that notwithstanding the foregoing, a Service Noncompliance shall not be deemed to occur if and to the extent Pfizer is not able to provide the Services as a result of (i) acts, omissions or contingencies not under its control or (ii) the Company’s breach of this Agreement.
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Service Noncompliance has the meaning set forth in Section 2.2(a)(i). “Service Period” has the meaning set forth in Section 7.1. “Services” has the meaning set forth in Section 2.1. “Set-Up Costs” means costs and expenses incurred by or on behalf of Seller Parent and its Affiliates after the Effective Date in connection with preparation activities to make the Services available to Purchaser, but excluding costs and expenses that would have been incurred by Seller Parent or its Affiliates after the Closing irrespective of whether this Agreement or the Purchase Agreement is entered into by the Parties. “SteerCo Leads” has the meaning set forth in Section 8.1(b). “Term” has the meaning set forth in Section 7.1. “Third Party Claim” has the meaning set forth in Section 5.2(a). “Transition Plan” has the meaning set forth in Section 2.7. “Transition Representative” has the meaning set forth in Section 2.6. “Treasury Policy, Procedure or Practice” has the meaning set forth in Section 2.14. “TSA Steering Committee” has the meaning set forth in Section 8.1(a). “Working Capital Prepayment” has the meaning set forth in Section 3.5. Section 1.2
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Service Noncompliance means, subject to Section 2.5, Seller Parent’s failure to provide the Services in the manner set forth in this Section 2.2(a) after receipt of written notice from Purchaser specifying the details of such noncompliance and Seller Parent’s failure to cure such noncompliance as soon as reasonably practicable following Seller Parent’s receipt of such notice, but in any event within five (5) Business Days following Seller Parent’s receipt of such notice (or such shorter period of time if reasonably possible and required for Purchaser to comply with applicable Law); provided that, a Service Noncompliance shall be deemed to not occur to the extent that Seller Parent is not able to provide the Services either as a direct result of (1) a force majeure event under Section 9.15 or (2) Purchaser’s breach of this Agreement; and provided further that the failure to cure such Service Noncompliance shall not be a breach hereunder, and instead, shall be referred by the Parties to the SteerCo Leads in accordance with Section 3.1(e). (ii)Notwithstanding the foregoing, to the extent a Service Noncompliance causes Purchaser to not be able to comply with any obligation under applicable Law (including, by way of example only, SEC reporting obligations) (each such obligation, a “Fundamental Obligation”) Seller Parent shall use reasonable best efforts to cure such Service Noncompliance within five (5) Business Days following Seller Parent’s receipt of written notice of such Service Noncompliance (or as soon as reasonably practicable thereafter). (b)Seller Parent shall have the right to perform its obligations under this Agreement through one or more of its Affiliates, and each of the foregoing may hire third party service providers, subcontractors and consultants to perform any of Seller Parent’s obligations hereunder, including to provide all or part of any Service hereunder; provided that designation of any Affiliate or such third parties shall not 6 limit or diminish the obligations of Seller Parent, and Seller Parent shall in all cases retain responsibility for the provision to Purchaser of the Services in accordance with this Agreement. (c)As between the Parties, except as otherwise agreed by the Parties in writing and subject to Section 2.2(a) and Section 2.2(b), Seller Parent shall have sole discretion and authority with respect to designating, employing, assigning, compensating and discharging personnel, third party service providers, subcontractors and consultants in conn...
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Service Noncompliance means Pfizer’s failure to provide any of the Services or Pfizer’s failure to perform the Services in accordance with or in the manner set forth in Section 2.2, in each case after receipt of written notice from NewCo specifying the details of such noncompliance and Pfizer’s failure to cure such noncompliance as soon as reasonably practicable but not later than [***] days after Pfizer’s receipt of such notice; provided that, notwithstanding the foregoing, a Service Noncompliance shall not be deemed to have occurred if Pfizer is unable to provide the Services as a result of (i) the divestiture of any assets or the transfer of any personnel by Pfizer or its Affiliates to NewCo pursuant to the Contribution Agreement, (ii) a Force Majeure Event, or (iii) NewCo’s breach of this Agreement. Solely with respect to the provision of the Services, and without limiting NewCo’s rights and remedies set forth herein for a breach by Pfizer of any other provision of this Agreement, neither Pfizer nor its Affiliates shall be deemed to be in breach of this Agreement unless and until such breach constitutes Service Noncompliance.
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Service Noncompliance means, subject to Section 2.5, Seller Parent’s failure to provide the Services in the manner set forth in this Section 2.2(a) after receipt of written notice from Purchaser specifying the details of such noncompliance and Seller Parent’s failure to cure such noncompliance as soon as reasonably practicable following Seller Parent’s receipt of such notice, but in any event within five (5) Business Days following Seller Parent’s receipt of such notice (or such shorter period of time if reasonably possible and required for Purchaser to comply with applicable Law); provided that, a Service Noncompliance shall be deemed to not occur to the extent that Seller Parent is not able to provide the Services either as a direct result of (1) a force majeure event under Section 9.15 or (2) Purchaser’s breach of this Agreement; and provided further that the failure to cure such Service Noncompliance shall not be a breach hereunder, and instead, shall be referred by the Parties to the SteerCo Leads in accordance with Section 3.1(e).
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Service Noncompliance means Provider’s failure to provide the Services in the manner set forth in Section 2.2(a) after receipt of written notice from Recipient specifying the details of such noncompliance and Provider’s failure to cure such noncompliance as soon as reasonably practicable but not later than thirty (30) Business Days after Provider’s receipt of such notice; provided, however, if such failure to provide the Services is not curable within thirty (30) Business Days, Service Noncompliance shall not be deemed to occur so long as Provider uses good faith reasonable efforts to cure such failure; provided, further, that notwithstanding the foregoing, a Service Noncompliance shall not be deemed to occur if and to the extent Provider is not able to provide the Services as a result of (i) acts, omissions or contingencies not under its control, (ii) Recipient’s breach of this Agreement or (iii) Recipient’s refusal to consent to Third-Party Costs.
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Related to Service Noncompliance

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

  • Non-Compliance means failure/refusal to comply the terms and conditions of the tender;

  • Item of Noncompliance means Xxxxxxx’s acts or omissions that: (1) violate a provision of the Contract; (2) fail to ensure adequate performance of the Project; (3) represent a failure of Grantee to be responsive to a request of HHSC relating to the Project under the Contract.

  • Event of Noncompliance means any one of the following events:

  • Labor compliance agreement means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

  • Certificate of noncompliance means a document known as a certificate of noncompliance which is provided by the centralized collection unit of the department of revenue certifying that the named applicant or licensee has an outstanding liability placed with the unit and has not entered into an approved payment plan to pay the liability.

  • HIPAA Compliant means that a Loan Party to the extent legally required (i) is or will use commercially reasonable efforts to be in compliance in all material respects with each of the applicable requirements of the so-called “Administrative Simplification” provisions of HIPAA on and as of each date that any part thereof, or any final rule or regulation thereunder, becomes effective in accordance with its or their terms, as the case may be (each such date, a “HIPAA Compliance Date”) and (ii) is not and could not reasonably be expected to become, as of any date following any such HIPAA Compliance Date, the subject of any civil or criminal penalty, process, claim, action or proceeding, or any administrative or other regulatory review, survey, process or proceeding (other than routine surveys or reviews conducted by any government health plan or other accreditation entity) that could result in any of the foregoing or that has or could reasonably be expected to have a Material Adverse Effect.

  • Compliance schedule means a schedule of events, by date, which will result in compliance with these regulations.

  • major non-compliance outcome notification means a notification received by a council under section 19N(3) or (4) of the Food Act 1984, or advice given to council by an authorized officer under that Act, of a deficiency that does not pose an immediate serious threat to public health but may do so if no remedial action is taken

  • Year 2000 Compliance has the meaning set forth in section 17.29 of the Management Agreement.

  • Tax Compliance Agreement means the Federal Tax Certificate, Tax Compliance Agreement, Arbitrage Agreement, or other written certification or agreement of the Issuer setting out representations and covenants for satisfying the post-issuance tax compliance requirements for the Tax-Exempt Bonds.

  • Compliance Plan means the compliance obligations, program, and procedures described in this Consent Decree at paragraph 13.

  • Compliance Statement is that certain statement in the form attached hereto as Exhibit B.

  • Statement of Compliance means the statement forming part of a Tender indicating the Bidders compliance with the Specification.

  • Covenant Compliance Worksheet means a fully completed worksheet in the form of Attachment A to Exhibit C.

  • Compliance as used in this clause, means compliance with:

  • Assessment of Compliance As defined in Section 3.21.

  • Substantial compliance means a level of compliance with these rules where any deficiencies pose no greater risk to resident health or safety than the potential for causing minor harm.

  • Document of Compliance has the meaning given to it in the ISM Code.

  • Operational requirements means the need to ensure that the Agency is to be operated as effectively, efficiently and economically as possible.

  • Environmental and Social Standards or “ESSs” means, collectively:

  • Compliance Forester means the DNR staff person(s) identified in the Pre-Work Conference who perform the compliance inspections, approve Work, recommend payment to the Contract Manager, and manage the Work Schedule.

  • Export Compliance You acknowledge that Licensor’s products and/or technology are subject to the U.S. Export Administration Regulations (the “EAR”) and You agree to comply with the EAR. You will not export or re-export Licensor’s products, directly or indirectly, to: (1) any countries that are subject to US export restrictions; (2) any end user who You know or have reason to know will utilize Licensor’s products in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems, except as authorized by the relevant government agency by regulation or specific license; or (3) any end user who has been prohibited from participating in the US export transactions by any federal agency of the US government. By downloading or using the Software, You are agreeing to the foregoing and You are representing and warranting that You are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, You are responsible for complying with any local laws in Your jurisdiction which may impact Your right to import, export or use Licensor’s products. Please consult the Bureau of Industry and Security web page xxx.xxx.xxx.xxx before exporting items subject to the EAR. For more information on exporting Software, including the applicable Export Control Classification Number (ECCN) and associated license exception (as applicable), see xxx.xxxx.xxx/xxxxxxx/xxxxx/. Upon request, Licensor's International Trade Services Department can provide information regarding applicable export restrictions for Licensor products. Licensor assumes no responsibility for Your failure to obtain any necessary export approvals. U.S. Government Restricted Rights. Use, duplication, or disclosure of any Deliverables by the U.S. Government is subject to the restrictions in FAR 52.227-14 (Dec 2007) Alternate III (Dec 2007), FAR 52.227-19 (Dec 2007), or DFARS 252.227-7013(b)(3) (Nov 1995), or applicable successor clauses.

  • Compliance agreement means a written agreement between a person and the Commissioner to achieve compliance with this quarantine.

  • Covenant Compliance Event means that Excess Availability at any time is less than the greater of (a) ten (10%) percent of the Line Cap or (b) $7,000,000. For purposes hereof, the occurrence of a Covenant Compliance Event shall be deemed continuing until Excess Availability has exceeded the amounts set forth above for thirty (30) consecutive days, in which case a Covenant Compliance Event shall no longer be deemed to be continuing for purposes of this Agreement. The termination of a Covenant Compliance Event as provided herein shall in no way limit, waive or delay the occurrence of a subsequent Covenant Compliance Event in the event that the conditions set forth in this definition again arise.

  • Material Compliance Matter has the same meaning as the term defined in Rule 38a-1, and includes any compliance matter that involves: (1) a violation of the federal securities laws by Distributor (or its officers, directors, employees, or agents); (2) a violation of Distributor's Rule 38a-1 policies and procedures; or (3) a weakness in the design or implementation of Distributor's Rule 38a-1 policies and procedures.