FAILURE IN PERFORMANCE Sample Clauses

FAILURE IN PERFORMANCE. The covenant to pay rent and the covenant to provide any service, supply, utility, maintenance, or repair required under this Lease are interdependent. In the event of any failure by Lessor to provide any service, supply, utility, maintenance, repair or replacements required under this Lease which in any manner affects County’s use, enjoyment, and occupancy of the Premises, County shall provide Lessor with a written notice specifying the nature of failure. The notice shall specify a reasonable time frame for Lessor to remedy said failure. However, if the failure persists past the time allowed within the written notice, or if Lessor refuses, fails or neglects to comply with such notice, or in the event of an emergency constituting a hazard to the health or safety hazard, the County may by contract or otherwise, perform the required work or service at its own cost and in addition to any other remedy the County may have, deduct from any payment or payments under this Lease, then or thereafter due, the resulting cost to the County, including all administrative costs. If the County elects to perform any such requirement, the County and each of its contractors shall be entitled to access to any and all areas of the Building, access to which is necessary to perform any such requirement, and the Lessor shall afford and facilitate such access. Alternatively, the County may deduct from any payments under this Lease, then or thereafter due, an amount that reflects the reduced value of the contract requirement not performed. No deduction from Rent pursuant to this clause shall constitute a default by the County under this Lease. In each such event of failure as specified in County’s written notice to Lessor, if County elects to proceed with the remedies of a deduction from Rent or any other payments due under this Lease, as provided in this Paragraph 11, such single failure shall not constitute a default by Lessor under Paragraph 21(A), but repeated failures by Lessor may constitute a default under Paragraph 21(A) even if County has proceeded to perform the required work or service or made the deductions permitted by this Paragraph 11. These remedies are not exclusive and are in addition to any other remedies, which may be available under this Lease or at law.

FAILURE IN PERFORMANCE. No liability shall result to either party from delay in performance or non-performance) in whole or in part caused by circumstances reasonably beyond the control of the party affected, including but not limited to, acts of God, terrorist activity, transportation failure, breakdowns, equipment failure, shortage or inability to obtain Product or raw material for Product, or good-faith compliance with any governmental order or request (whether valid or invalid). Regardless, however, of the occurrence or nonoccurrence of any such circumstances, if, supplies of Product, or feedstock for making Product, from any of Seller’s/ExxonMobil Selling Affiliates’ existing sources are curtailed or are inadequate to meet Seller’s/ExxonMobil Selling Affiliates’ own requirements and/or its obligations to its customers, Seller’s/ExxonMobil Selling Affiliates’ obligation to deliver Product during such period shall be reduced to the extent necessary, in Seller’s/ExxonMobil Selling Affiliates’ reasonable judgment, to apportion fairly among Seller’s/ExxonMobil Selling Affiliates’ own requirements and its customers such Product as received and as may be available in the ordinary and usual course of Seller’s/ExxonMobil Selling Affiliates’ business from any existing sources of supply at the location(s) from which deliveries like those covered hereby are normally shipped. Seller/ExxonMobil Selling Affiliates shall not be obligated to purchase or obtain Product, or feedstock to make Product, to replace deliveries omitted or curtailed under this paragraph.

FAILURE IN PERFORMANCE. No liability shall result to either party from delay in performance or non-performance in whole or in part caused by circumstances reasonably beyond the control of the party affected, including but not limited to acts of God, terrorist activity, transportation failure, breakdowns, equipment failure, criminal enterprise, sabotage, diminishment, or failure of power, telecommunications, data systems or networks, shortage or inability to obtain Product or raw material for Product, or good-faith compliance with any governmental order or request (whether valid or invalid). Notwithstanding any other notice requirement in this Agreement, actual notice (e.g., phone, email, letter) to a counterparty of a delay or failure described in this provision will constitute effective notice for purposes of this provision. Regardless, however, of the occurrence or nonoccurrence of any such circumstances, if for any reason supplies of or distribution logistics for Product, or feedstock for making Product, from any of Seller's existing sources are curtailed or are inadequate to meet Seller's own requirements and/or its obligations to its customers, Seller's obligation to deliver Product during such period shall be reduced to the extent necessary, in Seller's sole judgment, to apportion fairly among Seller's own requirements and its customers (whether under contract or not) such Product as received and as may be available in the ordinary and usual course of Seller's business from any existing sources of supply at the location(s) from which deliveries like those covered hereby are normally shipped. Seller shall not be obligated to purchase or obtain Product, or feedstock to make Product, to replace deliveries omitted or curtailed under this paragraph.

FAILURE IN PERFORMANCE. In the event of any failure by the Lessor to provide any service, utility, maintenance, repair or replacement required under this Lease, the Government may, by contract or otherwise, perform the requirement and seek reimbursement from the Lessor for the resulting costs to the Government, including all administrative costs; provided however, before undertaking to perform any obligation of Lessor, Government shall provide Lessor not less than thirty

FAILURE IN PERFORMANCE. Rider No. 2 clarifying General Clause 15, is amended to provide that the period of time within which to cure the failure must be "reasonable", and that the provision for waiving notice in the event of an emergency is deleted. Additionally, the Government shall send a copy of the required notice to Lessor's Lender at the address to be provided by Lessor. The following shall be added at the end of the clause: "The maximum amount the Government may deduct from the rent during any year of the lease term pursuant to paragraph 15 of the General Clauses shall not exceed an amount equal to $8.50 per NUSF of space leased by the Government under this lease, with the understanding that such offset limitation amount shall increase each during the term of the lease by using the same methodology as used to calculate increases in the base rate for operating costs in accordance with Paragraph 20, Operating Costs." Subject to the foregoing limitation on the amount the Government may deduct during any particular year, the Government may carry forward (but not backward) any excess amounts not deducted in a particular calendar year because of the deduction limitation and take such deductions in subsequent calendar years. The foregoing shall not limit the Government's right to pursue other rights and remedies it may have in connection with such failure in performance.

FAILURE IN PERFORMANCE. Except for payment due hereunder, either Party shall be relieved from liability for failure to perform hereunder for the duration and to the extent such failure arises directly or indirectly from, or is caused by, war, riots, insurrections, fire, explosions, sabotage, strikes and other labor or industrial disturbances, acts of God or the elements, good faith compliance with governmental laws, regulations, or requests (whether valid or invalid), disruption or breakdown of production or transportation facilities, delays of carrier in receiving or delivering feedstock or Products, or by any other cause, whether similar or not, reasonably beyond the control of such Party. Any such failure to perform shall be remedied with all reasonable dispatch, but Seller shall not be required to purchase or otherwise obtain other supplies of such Product, crude petroleum, or other feedstock from which such Product is derived to make up inadequate supplies or to replace the supplies so curtailed or cut off. Seller shall not be obligated to make up deliveries omitted or curtailed under this Section and any such deficiencies in deliveries shall be canceled from the Contract with no liability to either Party therefore. Failure to perform due to events of force majeure shall not extend the terms of this Agreement. If any such delay in performance or inability to perform occurs, the party claiming force majeure will provide prompt written notice to the other party explaining the full particulars, the probable impact on the performance of their obligations hereunder, and the expected duration thereof and shall use commercially reasonable efforts to remedy the interruption or delay. Any suspension of performance due to force majeure shall be of no greater scope and no longer duration than is necessitated by the force majeure event. The party claiming force majeure will provide prompt written notice to the other Party of the cessation of the force majeure event.

FAILURE IN PERFORMANCE. 6.1 Defects will be notified to the supplier within two weeks of being identified. TEMSA shall not be required to inspect the goods. 6.2 If the supplier fails to comply with PURCHASER’S demand to perform according to the CONTRACT or to remedy a defect (repair or replace) even if the period to remedy is short, or the supplier refuses to rectify the defect, TEMSA shall be entitled to rectify the defect himself, or have it rectified, at the supplier’s expense, or purchase the item elsewhere. TEMSA shall have the same right in urgent cases, especially to avert imminent danger or avoid major disturbance to production. For this purpose, the supplier must provide TEMSA with the necessary documents (plans, drawings etc.) and data. In this case, TEMSA shall be entitled to pass on to the third party commissioned to correct the defect with any information ,and all documents that are necessary to produce the delivery items free from defect as quickly as possible. Any confidentiality agreement to the contrary made before or after the inclusion of these General Terms and Conditions of Purchase shall not be in conflict with this provision. 6.3 If the supplier fulfils its obligation to remedy, the statutory period of warranty shall start again upon delivery of the rectified or replacement goods. 7 - Reservation of title and assignment of claims 7.1 TEMSA shall recognize only the simple reservation of title. Any extended or expanded retention of title is expressly excluded, even without the express objection of TEMSA. 7.2 If the supplier assigns claims to receivables arising from this CONTRACT, TEMSA shall charge a processing fee of C 75,--.

FAILURE IN PERFORMANCE. Notwithstanding anything to the contrary in Attachments A, G or H, no liability shall result to either party from delay in performance or non-performance of an obligation hereunder (including an obligation to make payment) in whole or in part caused by circumstances reasonably beyond the control of the party affected, including but not limited to, acts of God, terrorist activity, transportation failure, breakdowns, equipment failure, criminal enterprise, sabotage, diminishment, or failure of power, telecommunications, data systems or networks, shortage or inability to obtain Product or raw material for Product, or good-faith compliance with any governmental order or request (whether valid or invalid). Notwithstanding any other notice requirement in this Agreement, actual notice (e.g., phone, email, letter) to a counterparty of a delay or failure described in this provision will constitute effective notice for purposes of this provision. Regardless, however, of the occurrence or nonoccurrence of any such circumstances, if, supplies of Product or distribution logistics for, or feedstock for making Product, from any of Seller's/ExxonMobil Selling Affiliates’ existing sources are curtailed or are inadequate to meet Seller's/ExxonMobil Selling Affiliates' own requirements and/or its obligations to its customers, Seller’s/ExxonMobil Selling Affiliates' obligation to deliver Product during such period shall be reduced to the extent necessary, in Seller's/ExxonMobil Selling Affiliates’ reasonable judgment, to apportion fairly among Seller's/ExxonMobil Selling Affiliates’ own requirements and its customers such Product as received and as may be available in the ordinary and usual course of Seller's/ExxonMobil Selling Affiliates' business from any existing sources of supply at the location(s) from which deliveries like those covered hereby are normally shipped. Seller/ExxonMobil Selling Affiliates shall not be obligated to purchase or obtain Product, or feedstock to make Product, to replace deliveries omitted or curtailed under this paragraph.

FAILURE IN PERFORMANCE. In the event the Lessor fails to perform any maintenance-related service the Government may perform the service, provide the item, or meet the requirement, either directly or through a contract. The Government may deduct any costs incurred for the service or item, including administrative costs, from the rental payments. No deduction of rent pursuant to this clause will constitute default by the Government on this Lease.