Determination of Non-Conformance Clause Samples

Determination of Non-Conformance. The Agency shall carefully consider the circumstances and available facts in determining whether there is a pattern of lender non-conformance with applicable standards. The Agency shall determine the propriety of any decision made by the lender based on facts available at the time the specific action was taken. It is understood by the Agency and intended by this agreement that the lender has the authority to exercise reasonable judgement in performing acts within its authority. However, the Agency reserves the right to question any act performed or conclusion drawn that is inconsistent with this agreement or Agency regulations or prudent lending practices.
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Determination of Non-Conformance. The Agency shall carefully consider the facts and circumstances available when determining whether or not the Lender has acted in non-conformance with the applicable standards. The Agency's determination may be as a result of, but not limited to, a review of the following: • Conformance in meeting financial criteria of the Agency, • Adequacy in meeting the standards of the Agency, including origination, servicing, collection of fees and loan payments, and protection of collateral; • Adherence to the reporting requirements of the Agency; • Evidence that the Lender is operating in a sound and prudent businesslike manner; • Performance ratios of the portfolio compared to industry performance ratios for delinquency and default; and • Audit findings of on-site reviews conducted by the Agency of the underwriting and/or servicing performed by the Lender or the financial condition and viability of the Lender.
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Determination of Non-Conformance. If the intermediary is found to be in non-compliance with Federal or State law or regulation, Agency guidelines, or terms of this MOU, the Agency reserves the right to take appropriate action.
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Determination of Non-Conformance. If the packaging body is found to be in non- compliance with Federal or State law or regulation, Agency guidelines, or terms of this MOU, the Agency reserves the right to take appropriate action.
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Related to Determination of Non-Conformance

  • Notice of Non-Compliance If for any reason the Contractor does not comply, or anticipates that it will be unable to comply, with a provision in this Schedule in any respect, the Contractor must promptly notify the Province of the particulars of the non-compliance or anticipated non-compliance and what steps it proposes to take to address, or prevent recurrence of, the non-compliance or anticipated non-compliance.

  • Notification of Non-payment The Global Agent shall forthwith notify Freddie Mac by facsimile, e-mail or other rapid means of communication if it has not received the full amount for any payment due in respect of the Notes on the date such payment is due. The Global Agent shall have no liability, responsibility, duty or obligation to any Holder or beneficial owner of Notes to take any action against Issuer in the event that Issuer fails to make available funds sufficient to pay amounts due and payable and owing to any Holder on any Payment Date. The Global Agent shall give issuance instructions to DTC in accordance with DTC’s procedures.

  • Notice of Non-Compliant Work A Notice of Non-Compliant Work shall be in writing, shall be dated, shall be signed by the Design Professional, and shall be addressed to the Contractor with a copy to the Owner, as set forth in Section 3, Part 4 (Correcting the Work) and Section 6, Part 6 (Correcting the Work after Final Payment).

  • Payment of Non-compliance Penalties Subject to Clause (e) above, the Supplier/Service Provider shall pay the Non-compliance Penalty indicated in the Non-compliance Penalty Certificate within 10 (ten) Business Days of Transnet issuing a valid Tax Invoice to the Supplier/Service Provider for the amount set out in that certificate. If Transnet does not issue a valid Tax Invoice to the Supplier/Service Provider for Non-compliance Penalties accrued during any relevant period, those Non- compliance Penalties shall be carried forward to the next period.

  • ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.