Failure of Performance Clause Samples

Failure of Performance. If BUYER fails to perform this Agreement within the time specified, (including payment of all Deposits hereunder), the Deposit(s) paid by BUYER may be retained by or for the account of SELLER as agreed upon liquidated damages, consideration for the execution of this Agreement and in full settlement of any claims whereupon BUYER and SELLER shall be relieved of all obligations under this Agreement; or SELLER, at SELLER’s option, may proceed in equity to enforce SELLER’s rights under this Agreement. If, for any reason other than failure of SELLER to make SELLER’s title marketable after diligent effort, SELLER fails, neglects or refuses to perform this Agreement, BUYER may seek specific performance or elect to receive the return of BUYER’s Deposit(s) without thereby waiving any action for damages resulting from SELLER’s breach.

Failure of Performance. Upon breach of Contract or failure of the Provider to provide Funeral Merchandise and Services under this Contract, the Purchaser shall be entitled to a refund of one hundred percent (100%) of all monies collected on the Contract. The refund shall be made within thirty (30) days after the Provider receives the Purchaser’s written request for refund.

Failure of Performance. (a) Should Subcontractor at any time fail to prosecute and complete the Work in accordance with the Progress Schedule or as herein provided or fail to diligently and continuously perform his Work, or if in the opinion of Contractor the Work of Subcontractor cannot be completed in the time period set forth, or if Contractor is notified or Subcontractor's failure to pay for any material or labor used on the Project, or in the event of a strike or stoppage or Work resulting from a dispute involving or affecting the labor employed by Subcontractor or his Subcontractors, or if Subcontractor fails to perform any of the requirements herein, then such event shall be deemed a default and Contractor shall notify Subcontractor to correct such default and shall specify in such notice the action to be taken and a reasonable date by which the default shall be corrected. (b) If a default occurs and is not corrected on or before the date specified in the notice to Subcontractor, Contractor shall be entitled to exercise either or both of the following remedies as well as any other remedies available, including but not limited to binding and consolidated arbitration in accordance wit the terms of the General Contract or through litigation in a court of law. (1) Contractor may immediately take any action necessary to correct such default, including specifically the right to provide labor, overtime labor and materials and may deduct the cost of correcting such default from payment due, or that may become due to Subcontractor. (2) Contractor may terminate this Subcontract and the employment of Subcontractor, take possession of Subcontractor's materials, tools and equipment used in performing such Work, and employ another Subcontractor or use the employees of Contractor to finish the remaining Work to be performed hereunder. Contractor may deduct the costs of completing the remaining work from the unpaid contract price, and if the cost of completing the remaining Work exceeds the unpaid Contract amount, Subcontractor shall pay to Contractor such excess costs, including but not limited to overhead and attorney's fees. Contractor, in any such event may also refrain from making any further payments under this Subcontract to Subcontractor until the entire project shall be fully finished and accepted by Owner, at which time, if the unpaid balance of the amount to be paid under this Subcontract shall exceed the expense incurred by Contractor to Subcontractor, but if such expenses and...

Failure of Performance. If Buyer fails to perform this Contract within the time specified, including payment of all deposits, the deposit(s) paid by Buyer and deposit(s) agreed to be paid, may be recovered and retained by and for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under this Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, Buyer may seek specific performance or elect to receive the return of ▇▇▇▇▇'s deposit(s) without thereby waiving any action for damages resulting from ▇▇▇▇▇▇'s breach.

Failure of Performance. Following online access approval, the Licensee and Authorized Users will be permitted to attempt online access to the Database at any time. ALA, however, will not be liable for any delay, down time, transmission error, software or equipment incompatibilities, force majeure, or other failure of performance.

Failure of Performance. Following approval for online access, the Subscriber and Authorized Users will be permitted to attempt online access to the Licensed Materials at any time. ASCE, however, will not be liable for any delay, downtime, transmission error, software or equipment incompatibilities, force majeure, or other failure of performance. ASCE will use commercially reasonable efforts to correct any material performance problem brought to its attention and may suspend performance pending such corrections.

Failure of Performance. Following online access approval, the Licensees and Authorized Users will be permitted to attempt access to the Licensed Material at any time. The Publisher will not be liable for any delay, downtime, transmission error, software or equipment incompatibilities, force majeure or other failure of performance, except as already provided for in this Agreement. The Publisher may have contracted with one or more outside agencies to provide the online service and The Publisher shall seek to ensure that all services are provided by outside agencies as negotiated. The Publisher will use commercially reasonable efforts to correct any material performance problem brought to its attention and may suspend performance pending such correction. The Publisher’s responsibility to the Subscriber, Licensees and Authorized Users does not extend beyond such endeavors.

Failure of Performance. If Tenant fails to perform these Purchase Terms within the time specified, Landlord may elect to terminate the exercise of the Option to Purchase and be relieved of all obligations under these Purchase Terms. If for any reason other than failure of Landlord to make Landlord's title marketable after diligent effort, Landlord fails, neglects or refuses to perform these Purchase Terms, the Tenant may seek specific performance or may terminate the exercise of the option, whereupon Landlord shall reimburse Tenant for all costs and expenses in connection with Tenant's exercise of the Option to Purchase. In the event either party terminates the exercise of the Option to Purchase as set forth herein, the parties shall continue to be bound by the terms and provisions of the Lease, as the same shall apply.

Failure of Performance. Following online access approval, the Licensee and Authorized Users will be permitted to attempt access to the Licensed Material at any time. OSA will not be liable for any delay, downtime, transmission error, software or equipment incompatibilities, force majeure or other failure of performance. OSA may have contracted with one or more outside agencies to provide the online service and OSA shall seek to ensure that all services are provided by outside agencies as negotiated. OSA will use commercially reasonable efforts to correct any material performance problem brought to its attention and may suspend performance pending such correction. OSA’s responsibility to the Licensee and Authorized Users does not extend beyond such endeavors.