Failure to Collect Clause Samples

Failure to Collect. In the event that the Borrower or any other party providing insurance on its behalf fails to respond in a timely and appropriate manner (as reasonably determined by the Lenders) to take any steps necessary or reasonably requested by the Lenders to collect from any insurers for any loss covered by any insurance required to be maintained by this Schedule 5.17, the Lenders shall have the right to make all proofs of loss, negotiate all claims and/or receive all or any part of the proceeds of the foregoing insurance policies, either in its own name or the name of the Borrower; provided, however, that the Borrower shall, upon the request of the Lenders and at the Borrower’s own cost and expense, make all proofs of loss and take all other steps necessary or reasonably requested by the Lenders to collect from insurers for any loss covered by any insurance required to be obtained by this Schedule 5.17.

Failure to Collect. In the event that the Borrower fails to respond in a timely and appropriate manner (as reasonably determined by the Administrative Agent) or to take any steps necessary or reasonably requested by the Administrative Agent to collect from any insurers for any loss covered by any insurance required to be maintained by this Appendix A, upon thirty (30) Business Days’ prior notice to the Borrower, the Administrative Agent shall have the right to make all proofs of loss, negotiate all claims and/or receive all or any part of the proceeds of the foregoing insurance policies, either in its own name or the name of the Borrower; provided, however, that the Borrower shall, upon the Administrative Agent’s request and at the Borrower’s own cost and expense, make all proofs of loss and take all other steps necessary or reasonably requested by the Administrative Agent to collect from insurers for any loss covered by any insurance required to be obtained by this Appendix A.

Failure to Collect. If the Customer does not collect the cancelled or returned Goods from the Supplier, then: (a) those Goods become the property of the Supplier; and (b) the Supplier is not required to pay the Customer for them and may deal with them as it wishes.

Failure to Collect. When Solid Waste is not Collected from any Solid Waste service recipient, Contractor shall notify the service recipient in writing, at the time Collection is not made, through the use of a “red tag” or otherwise, of the reasons why the Collection was not made.

Failure to Collect. Should the Contractor fail to collect and dispose of garbage and refuse set out or placed for collection at the time and in the manner required and the City determines the failure constitutes a breach or default by Contractor, the City may, after twenty-four (24) hours’ notice, collect or cause its collection. The Contractor shall be liable for the expense incurred. Notwithstanding the foregoing, it is specifically understood and agreed that where the Residential Property owner fails to timely or properly place a container as directed in this Agreement, or is otherwise in violation of the City's ordinances and regulations, the Contractor's reasonable rules adopted hereunder or the provisions of this Agreement relating to the nature, volume, or weight of garbage and refuse to be removed, the Contractor may refrain from collecting all or a portion of such garbage and refuse.

Failure to Collect. (A) The contractor shall report to the Contract Administrator and the Superintendent of the Department of Public Works within one (1) hour of the start of the collection day, all cases in which severe weather conditions preclude collection. In the event of severe weather, the contractor shall collect recyclables no later than the next weekday.

Failure to Collect. In the event that the Company fails to respond in a timely and appropriate manner (as reasonably determined by the Collateral Agent at the direction of the Required Secured Parties) to take any steps necessary or reasonably requested by the Collateral Agent to collect from any insurers for any loss covered by any insurance required to be maintained by this Schedule 9.2, the Collateral Agent (at the direction of the Required Secured Parties) shall have the right to make all proofs of loss, negotiate all claims and/or receive all or any part of the proceeds of the foregoing insurance policies, either in its own name or the name of the Company; provided, however, that the Company shall, upon the Collateral Agent's request (at the direction of the Required Secured Parties) and at the Company's own cost and expense, make all proofs of loss and take all other steps necessary or reasonably requested by the Collateral Agent (at the direction of the Required Secured Parties) to collect from insurers for any loss covered by any insurance required to be obtained by this Schedule 9.2.

Failure to Collect. 6.1 If the Beneficiary fails to collect any Fleet Vehicle at the time appointed for such collection in the relevant Diagram, the Depot Facility Owner shall be entitled to charge for the Stabling of such Fleet Vehicle in accordance with the charges referred to in paragraph 7 until such time as the Fleet Vehicle is collected by the Beneficiary. 6.2 If the Beneficiary fails to collect any Fleet Vehicle for a period of 5 Business Days after the time appointed for such collection in the relevant Diagram, the Depot Facility Owner, upon informing the Beneficiary, shall be entitled to move such Fleet Vehicle: 6.2.1 to another part of the Depot; or 6.2.2 to different premises of the Depot Facility Owner; or 6.2.3 to premises of another responsible person, in which case the Beneficiary shall reimburse the Depot Facility Owner for all associated costs involved in such a move, and in all such cases the Depot Facility Owner shall not be obliged to effect Stabling in accordance with paragraphs 3 to 6 of Appendix 1 and all movements of such Fleet Vehicle shall be at the risk of the Beneficiary except in the case of a negligent act or omission of the Depot Facility Owner or its Associates. 6.3 If the Depot Facility Owner has moved any Fleet Vehicles to different premises in accordance with paragraph 6.2, the Depot Facility Owner shall return the relevant Fleet Vehicles to the Depot for collection by the Beneficiary within a reasonable period of receiving notice from the Beneficiary requesting such return. 6.4 The Beneficiary shall reimburse the Depot Facility Owner for all associated costs involved in complying with paragraph 6.3.

Failure to Collect. Should GreenWaste, for any reason whatsoever, except the occurrence or existence of any of the events or conditions set forth in Section 24.A., “Force Majeure,” below, refuse or be unable for a period of more than seventy-two (72) hours, to collect a material portion or all of the Solid Waste which it is obligated under this Agreement to collect, and as a result, Solid Waste should accumulate in County to such an extent, in such a manner, or for such a time that the County Chief Administrator in the reasonable exercise of the County Chief Administrator’s discretion, should find that such accumulation endangers or menaces the public health, safety or welfare, then County shall have the right to contract with another solid waste enterprise to collect and transport any or all Solid Waste which GreenWaste is obligated to collect and transport pursuant to this Agreement, but which GreenWaste is unable to collect and transport. County shall provide twenty-four (24) hours prior written notice to GreenWaste during the period of such emergency, before contracting with another solid waste enterprise to collect and transport any or all Solid Waste which GreenWaste would otherwise collect and transport pursuant to this Agreement, for the duration of the inability of GreenWaste to provide such services. In such event, GreenWaste shall identify sources from which such substitute solid waste services are immediately available, and shall reimburse County for all of its expenses for such substitute services.