Failure to Accept Sample Clauses

Failure to Accept. THE GMP PROPOSAL Unless the Owner accepts the GMP Proposal in writing on or before the date specified in the GMP Proposal for such acceptance and so notifies the Construction Manager, the GMP Proposal shall not be effective. If the Owner fails to accept the GMP Proposal, or rejects the GMP Proposal, the Owner shall have the right to: 3.4.9.1 suggest modifications to the GMP Proposal. If such modifications are accepted in writing by the Construction Manager, the GMP Proposal shall be deemed accepted in accordance with subsection 3.4.6; 3.4.9.2 direct the Construction Manager to proceed on the basis of reimbursement as provided in Article 7 and Article 8 without a GMP, in which case all references in this Agreement to the GMP shall not be applicable. In the absence of a GMP the Parties may establish a date of Substantial Completion or a date of Final Completion; or 3.4.9.3 terminate the Agreement for convenience in accordance with Section 12.4.

Failure to Accept. Employee understands and agrees that if Employee does not sign this Agreement and deliver it to the Company during the Acceptance Period, the Company's proffer of this Agreement is automatically rescinded, and this Agreement shall be null and void for all purposes, effective as of the end of the Acceptance Period or on such earlier date, if any, that Employee informs the Company in writing that Employee has rejected (or, if executed, has timely revoked) this Agreement.

Failure to Accept. To the extent that the Accepting Party fails in whole or in part to accept the Contract Quantity in accordance with the Contract and such failure is not excused by an event of Force Majeure or the other Party’s non-performance, the Accepting Party shall pay the Delivering Party as compensation for damages an amount for the quantity of non-accepted electricity equal to the product of: (a) the amount, if positive, by which the Contract Price exceeds the price at which the Delivering Party is or would be able to sell the quantity of non-accepted electricity in the market acting in a commercially reasonable manner; and (b) the quantity of the non-accepted electricity. Such amount shall be increased by any incremental transmission costs and other reasonable and verifiable costs and expenses incurred by the Delivering Party as a result of the Accepting Party's failure.

Failure to Accept. To the extent that the Accepting Party fails in whole or in part to accept the Contract Quantity in accordance with an Individual Contract, and such failure is not remedied within three (3) Business Days after receipt by the Accepting Party of a written notice from the Delivering Party to remedy such failure or is not excused by an event of Force Majeure or the Delivering Party's non-performance, the Accepting Party shall pay the Delivering Party as compensation for damages an amount for the quantity of non-accepted Certificates equal to the product of: (a) the amount, if positive, by which the Contract Price exceeds the price (if any) at which the Delivering Party is or would be able to sell the quantity of non-accepted Certificates in the market acting in a commercially reasonable manner; and (b) the quantity of the non-accepted Certificates. Such amount shall not be increased by any costs and expenses incurred by the Delivering Party as a result of the Accepting Party's failure.

Failure to Accept. If a teacher fails to accept an offer of reemployment within ten (10) 22 working days from receipt of notification, it shall constitute a resignation.

Failure to Accept. In the event a party refuses to accept Tested Systems in accordance with this Section 8.2, any delay of a Launch Date resulting from such decision shall not preclude such party from exercising any right to terminate the Agreement pursuant to Section 13.1 unless such delay is caused by other factors within the refusing party’s reasonable control (e.g., failure to remedy Defects within those systems operated by the refusing party).

Failure to Accept. If Sonic is unable to give actual notice of any breach or termination of this Agreement because Licensee has failed to provide Sonic with a current address, because Licensee fails to accept or pick up this mailed notice, or due to any reason which is not the fault of Sonic, then such notice shall be deemed as given when Sonic sends such notice by overnight receipted delivery service or registered or certified mail, postage prepaid.

Failure to Accept. If SONIC is unable to give actual notice of any breach or termination of this Agreement because Licensee has failed to provide SONIC with a current address, because Licensee fails to accept or pick up this mailed notice, or due to any reason which is not the fault of SONIC, then such notice shall be deemed as given when SONIC sends such notice by overnight receipted delivery service or registered or certified mail, postage prepaid.

Failure to Accept. If Tenant does not tender the Acceptance of Landlord’s Offer Notice, or if Tenant’s Acceptance is conditional or purports to modify any material term contained in Landlord’s Offer Notice, or if Tenant fails to execute the amendment to Lease called for above within the time period specified, then Landlord may lease the applicable ROFO Premises as is then available to any third party it chooses without liability to Tenant, provided that, in the event Landlord intends to enter into a lease for the applicable ROFO Premises on terms which are materially more favorable to the prospective tenant than those terms offered to Tenant, then Landlord must first offer the same revised terms to Tenant and Tenant shall have three (3) business days to agree to such terms in writing or waive its right to lease the applicable ROFO Premises pursuant to such new terms. If Tenant does not tender the Acceptance of Landlord’s revised Offer Notice, or if Tenant’s Acceptance is conditional or purports to modify any material term contained in Landlord’s revised Offer Notice, or if Tenant fails to execute the amendment to Lease called for above within the time period specified, then Landlord may lease such portion of the ROFO Premises as is then available to any third party it chooses without liability to Tenant. For purposes of this clause (c), “materially more favorable” shall mean, at a minimum, that the new terms include a net effective rent that is at least five percent (5%) less than the net effective rent offered to Tenant.