Common use of Failure to Designate Clause in Contracts

Failure to Designate. If any party fails to designate a -------------------- representative to fill a directorship pursuant to the terms of this Section 1, the individual previously holding such directorship shall be elected to such position, or if such individual fails or declines to serve as a director, the election of an individual to such directorship shall be accomplished in accordance with the Company's Bylaws and applicable law; provided that the Stockholders shall vote to remove such individual so elected if the party which failed to designate such directorship so directs.

Failure to Designate. If any a party fails (but is otherwise entitled) to designate a -------------------- representative to fill a directorship any director position pursuant to the terms of this Section 12, the individual previously holding such directorship shall be elected to such position, or if such individual fails or declines to serve as a director, then the election of an individual to such directorship shall be accomplished in accordance with the Company's Bylaws ’s bylaws and applicable law; provided provided, that the Stockholders parties shall vote take all necessary actions to remove such individual so elected if and when the party which failed entitled to designate such directorship representative pursuant to Section 2(a) above so directs.

Failure to Designate. If any party fails to designate a -------------------- representative to fill a directorship pursuant to the terms of this Section paragraph 1, the individual previously holding such directorship shall be elected to such position, or if such individual fails or declines to serve as a director, the election of an individual to such directorship shall be accomplished in accordance with remain vacant until the Company's Bylaws and applicable law; provided that the Stockholders shall vote to remove such individual so elected if resulting vacancy is filled by a representative designated by the party which failed entitled to designate such directorship so directsrepresentative pursuant to subparagraph (a)(ii) above.