Consequences of Failure Clause Samples

Consequences of Failure. SMWIA members must clearly understand the consequences if we fail to meet the customer’s needs. Our ability as a union to ensure good wages and working conditions is directly related to our ability to perform. 1. Presentation to all Local Union Officers – The program shall be presented by an SMWIA International Representative to the officers and leaders of the local union.
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Consequences of Failure. If an item of Work Product is not accepted or deemed accepted by Customer within thirty (30) days after the date the item of Work Product is initially delivered to Customer‌ for review/testing and acceptance, then FINCAD in its discretion may either: (a) extend the time for the review and testing process; (b) negotiate with Customer a change to the Acceptance Criteria for the item of Work Product; or (c) terminate this Agreement and all licenses for Customer’s use of the item of Work Product effective on notice to Customer and refund to Customer the fees (if any) previously paid by Customer for the item of Work Product.
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Consequences of Failure. In the case of any material failure or anticipated material failure of GENTA to supply FINISHED PRODUCT meeting the requirements of this AGREEMENT in the quantities and within the time periods specified in AVENTIS' Firm Orders and Purchase Orders (each, a "Failure"), GENTA shall use COMMERCIALLY REASONABLE EFFORTS, and shall use COMMERCIALLY REASONABLE EFFORTS to cause its Subcontractors to, remedy the Failure and resume supplying acceptable FINISHED PRODUCT to AVENTIS as soon as is reasonably possible, and/or, upon AVENTIS' request, to fully cooperate with AVENTIS to secure adequate supplies of FINISHED PRODUCT from alternative sources. Moreover, in the event of any Failure that is not attributable to AVENTIS and that results in the material cancellation of PRODUCT orders, AVENTIS shall be relieved from its obligations under this AGREEMENT to purchase any quantities of FINISHED PRODUCT identified in any outstanding committed portions of Rolling Forecasts, Firm Orders or Purchase Orders to the extent such FINISHED PRODUCT cannot reasonably be sold without AVENTIS incurring a loss.
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Consequences of Failure. The consequences of tree failure are based on the level of target and potential harm that may occur. Consequences can vary depending on the size of the defect, a distance of fall for the tree or limb, and any other factors that may protect a target from harm. Target values are subjective, but DRG staI try to assess them from our client's perspective. As shown in the matrix below, the likelihood of failure and the likelihood of target determine the likelihood of tree failure impacting a target.
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Consequences of Failure. If, in the reasonable opinion of BT using information available to it, BT determines that the Communications Provider has or is failing to comply with the provisions of clause 12.4 then BT shall inform the CP of this and then; a) The parties shall as soon as reasonably practicably discuss the matter in good faith in order to determine the reasons for non-compliance with the Proactive Fault Reporting Process and to agree the remedial actions (and timescale for their implementation) required of each party to achieve compliance; b) If the parties are unable to reach agreement pursuant to clause 12.6 (a) within 30 calendar days (or within such other period agreed between the parties) then either party may refer the matter to the Office of the Telecommunications Adjudicator (the OTA) and invite them to review and assist the parties to reach a resolution; c) If, following a further period of 30 calendar days (or within such other period agreed between the parties) of referral to the OTA the parties are still unable to agree a resolution then BT reserves the right to suspend agreement for the Communications Provider to place Proactive Fault Reports.
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Related to Consequences of Failure

  • Consequences of Default Upon the occurrence of any Event of Default, as defined in the Revenue Sharing Agreement: 6.1 Any unpaid amounts under section 2 shall bear interest at one and one-quarter percent (1.25%) per month;

  • Consequences of Events of Default (a) If an Event of Default of the type described in Section 3.1(a) or (b) has occurred and continued for 15 days or any other Event of Default has occurred, the interest rate on this Note will increase immediately by an increment of two percentage points to the extent permitted by law. Thereafter, until such time as no Event of Default exists, the interest rate on this Note will increase automatically at the end of each succeeding fiscal quarter by an additional increment of one percentage points to the extent permitted by law (but in no event will the interest rate exceed 18 percent per annum). Any increase of the interest rate resulting from the operation of this Section 3.2(a) will terminate as of the close of business on the date on which no Events of Default exist (subject to subsequent increases pursuant to this Section). (b) If an Event of Default of the type described in Section 3.1(d) has occurred, the principal amount of this Note (together with all accrued interest thereon and all other amounts payable in connection therewith) will become immediately due and payable without any action on the part of the Holder, and the Companies will immediately pay to the Holder all amounts due and payable with respect to this Note. (c) If an Event of Default of the type described in Section 3.1(a) or (b) has occurred and continued for 15 days and if an Event of Default of the type described in Section 3.1(b) has occurred and continued for 30 days, or any other Event of Default (other than under Section 3.1(d)) has occurred, the Holder may declare all or any portion of the outstanding principal amount of this Note (together with all accrued interest thereon and all other amounts due in connection therewith) due and payable and demand immediate payment of all or any portion of such amount. If the Holder demands immediate payment and all or any portion of the amounts due under this Note, the Companies will immediately pay to the Holder all amounts demanded to be paid with respect to this Note. (d) The Holder will also have any other rights which it may have been afforded under any contract or agreement at any time and any other rights which the Holder may have pursuant to applicable law. (e) Each Company hereby waives diligence, presentment, protest and demand and notice of protest and demand, dishonor and nonpayment of this Note, and expressly agrees that this Note, or any payment hereunder, may be extended from time to time and that the Holder may accept security for this Note or release security for this Note, all without in any way affecting the liability of the Companies hereunder.

  • Consequences of Event of Default (a) Upon the occurrence of an Event of Default, the Company shall promptly deliver written notice thereof to the Holder. If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any Governmental Authority), then, and in each and every such case (other than an Event of Default specified in Section 2.4(h) or Section 2.4(i) with respect to the Company or any of its Significant Subsidiaries), unless the principal of the Note shall have already become due and payable, the Holder may by notice in writing to the Company, declare 100% of the outstanding principal of, and accrued and unpaid interest on, the Note to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable. If an Event of Default specified in Section 2.4(h) or Section 2.4(i) with respect to the Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the outstanding principal of, and accrued and unpaid interest on, the Note shall become and shall automatically be immediately due and payable without any action on the part of the Holder. (b) Subsection (a) above, however, is subject to the conditions that if, at any time after the outstanding principal of the Note shall have been so declared due and payable, and before any judgment or decree for the payment of the monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or shall deposit with the Holder a sum sufficient to pay installments of accrued and unpaid interest upon the Note and the outstanding principal of the Note that shall have become due otherwise than by acceleration (with interest on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable Law, and on such principal at the rate per annum borne by the Note plus one percent), and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under the Note, other than the nonpayment of the principal of and accrued and unpaid interest on the Note that shall have become due solely by such acceleration, shall have been cured or waived, then and in every such case the Holder, by written notice to the Company, may waive all default or Events of Default with respect to the Note and rescind and annul such declaration and its consequences and such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of the Note; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Event of Default, or shall impair any right consequent thereon.

  • Consequences of Breach Without prejudice to Clause 8, Funding, the Mortgages Trustee and the Security Trustee severally acknowledge to and agree with the Seller, and the Security Trustee acknowledges to and agrees with Funding and the Mortgages Trustee, that the Seller shall have no liability or responsibility (whether, in either case, contractual, tortious or delictual, express or implied) for any loss or damage for or in respect of any breach of, or any act or omission in respect of, any of its obligations hereunder other than loss or damage directly (and not indirectly or consequentially) suffered by the Mortgages Trustee and/or Funding or the assets comprised in the security constituted by the Funding Deed of Charge by reason of such breach, act or omission. For this purpose (and without limiting the scope of the above exclusion in respect of indirect or consequential loss or damage), any loss or damage suffered by the Mortgages Trustee and/or Funding or such assets which would not have been suffered by it or such assets had the breach, act or omission in question not also been or given rise to a Note Event of Default or enforcement of the security constituted by the Funding Deed of Charge shall be treated as indirect or consequential loss or damage.

  • Consequences of non-compliance If a beneficiary breaches any of its obligations under this Article, the grant may be reduced (see Article 43). Such breaches may also lead to any of the other measures described in Chapter 6.