Failure to Develop Sample Clauses

Failure to Develop. If NeoGenomics does not develop and launch the Melanoma LDT within six (6) months after the date on which Abbott first supplies Products (as identified on Exhibit A and excluding Evaluation Products) to NeoGenomics under this Agreement, and if such failure or delay is due to causes beyond NeoGenomics’ reasonable control or to new or changed circumstances not anticipated by the parties, then Abbott will consult with NeoGenomics regarding the reasons for such failure or delay and will consider in good faith a reasonable extension of time for NeoGenomics to complete development and launch of the Melanoma LDT; provided, however, that Abbott will have no obligation to grant such an extension of time. If, after fifteen (15) days of such consultation and good faith consideration, Abbott does not agree to an extension of time, then it may, in its sole discretion, upon written notice to NeoGenomics, either: (a) convert this Agreement to a non-exclusive agreement pursuant to Section 3.4(c); or (b) terminate this Agreement. Notwithstanding the foregoing, in the event that NeoGenomics, due to factors beyond its reasonable control, encounters delays in receiving patient samples with the appropriate patient consents beyond sixty (60) days from the Effective Date, then the six (6) month deadline in the first sentence of this Section 9.2 shall be extended day for day for up to an additional sixty (60) days.

Failure to Develop. (a) In the event the Project Company fails to use reasonable efforts to develop the Project Area in accordance with the Minimum Development Obligations and Replanting Obligations, as may be amended in accordance with Section 4.02 (c), such failure shall constitute an Event of Default as defined in Section 24.02, and will be subject to the relevant Notice and cure periods listed in Article 24. (b) In the event the Project Company fails to cure the breaches listed in Section 4.03(a), or the Project Company notifies the Government that it wishes to relinquish the undeveloped parcels of the land, the Government may in its sole discretion, repossess of any undeveloped parcels of land within the Project Area without terminating this Agreement. The Project Company shall be obliged to restore the proposed land parcels in accordance with the procedures and requirements established in this Agreement and Annex IV (Integrated Environmental and Social Obligations) prior to such relinquishment. (c) Government shall have the right to impose a penalty on Project Company for any failure to develop the Project Area in accordance with the Minimum Development Obligations, in addition to any remedy available for an Event of Default under Article 24 herein and Lao PDR Law. Penalties imposed on the Project Company are in addition to any costs of remediation, cleanup, and compensation for any damage to the undeveloped parcels of land caused by Project Company. For avoidance of doubt the damages that the Government shall be entitled to include costs for loss of opportunity as determined between the Parties or by order of any court or arbitration tribunal. (d) Upon the repossession by the Government of any parcels of land within the Project Area pursuant to Section 4.03(b), this Agreement and the Land Lease Agreement(s) will be revised accordingly to reflect a change in the size of the Project Area. (e) In the event that Project Company’s failure to fulfill the Minimum Development Obligations, or to replant in accordance with Section 4.03, is due to the fact that the land 2 The recommended fallow periods will differ depending on the type of Plantation Crops, and should form part of the Feasibility Study. Longer fallow periods promote more sustainable use of agriculture land. is not free from other inhabitants or an event of Force Majeure or a breach of Government’s obligations, then Project Company shall not be held responsible for the delay or for not developing the Project Area.

Failure to Develop. Decision not to Market in the Major Markets. If, at any time, RBS elects not to market or sublicense a Product in a Major Market, RBS may elect, in its sole discretion, to (i) return all rights to such Product in such Major Market to LKS or (ii) retain all rights to such Product in such Major Market and, in addition to other compensation due LKS hereunder, RBS shall pay LKS a flat fee equal to the royally based upon three peak years of projected sales in such Market as determined by an independent market researcher, who shall be mutually agreed upon between the parties (the "Flat Fee").

Failure to Develop. There is the risk that the development of the INLOCK Lending Platform will not be executed or implemented as planned, for a variety of reasons, including without limitation the event of a decline in the prices of any digital asset, virtual currency or ILK Token, unforeseen technical difficulties, and shortage of development funds for activities.

Failure to Develop. (a) If Investor fails to develop the Concession Area in accordance with the Minimum Development Obligations as may be revised in accordance with Section 8.6(c), subject to the Remedial Extensions provided in Section 3.3, Government may send a Notice to Investor of such alleged default and of its intention to reclaim any undeveloped portion of the Concession Area and shall offer Investor a fair opportunity to consult with Government to resolve the matter. Within six (6) months following receipt of such Notice, Investor must have (i) provided Government with a plan to cure such failure, which shall include performance metrics and a schedule for completion of such metrics, and (ii) evidence to the reasonable satisfaction of Government that the matter will be resolved. During this time, Government will work with Investor to determine the extent to which Investor does not plan to develop the Concession Area and the exact area or areas of land within the Concession Area that Investor does not plan to develop and plant. If after the end of such six (6) month period Government is of the reasonable opinion (as confirmed by an independent professional and competent party at the request of Investor) that the default cannot be cured, then the undeveloped portion of the Concession Area shall be forfeited to Government. Investor's failure to develop the Concession Area in accordance with the Minimum Development Obligations set forth in Section 8.6 shall not constitute an Event of Default for purposes of Section 26.2(a) and Government's sole remedy in the event of a breach of Section 8.6 as determined in arbitration pursuant to Article 28 shall be to repossess the undeveloped land in accordance with this Section 8.7. (b) Notwithstanding any other provision in this Agreement, in no event shall any developed portion of the Concession Area be forfeited to Government for failure to develop pursuant to this Section 8.7.

Failure to Develop. Should the development not proceed in accordance with the agreed programme (see Condition 7) the sale shall be aborted without refund of the deposit. Entry onto Site: The successful bidder will not be permitted to commence work on the site prior to the completion of the Building Licence. However, the vendor will consider the granting of an Access Licence to the successful bidder (at the bidder’s own risk) for the purposes of carrying out enabling works in advance of the granting of the Building Licence. The enabling works exclude any permanent structures on or in the land but not limited to site set up / mobilisation, site investigations, surveys, etc. Any site investigation reports commissioned by the successful bidder are to be supplied to the Vendor at nil charge if requested. Covenants: The following covenants, declarations and conditions will be contained in the Conveyance: Not to use the land for any purpose other than the use granted to the successful bidder, previously approved by the Council as Vendor and Local Planning Authority. Not to erect any bills, posters, hoardings, notices or signs on the land, except for those detailing the successful bidder’s business and any other notice that has been previously approved by the Council. To use the land solely for staff and visitor parking connected to the successful tenderer’s business, with no income stream to be generated. To comply with all statutory requirements relating to the land. To comply with all covenants that affect the land and to keep the Council indemnified against any breach of such covenants, details by appointment at the offices of the Council’s Solicitor. A declaration that the successful bidder shall not be entitled to any right of light or air which would restrict the free use of adjoining or neighbouring lands of the Council.

Failure to Develop. FlashBit is still in the developmental stage, hence there may be large changes to the final design before the official version is released. There is the risk that the development of FlashBit will not be executed or implemented as planned, or may not meet any expectation of purchasers of FlashBabies NFT, for a variety of reasons, including without limitation the event of a decline in the prices of any digital asset, virtual currency or FlashBabies NFT, unforeseen technical difficulties, and shortage of development funds for activities.

Failure to Develop. Decision not to Market in the Major Markets. ********************* ******************************************************************************** ******************************************************************************** ******************************************************************************** ******************************************************************************** ******************************************************************************** ******************************************************************************** ******************************************************************************** ********************

Failure to Develop. If YISSUM alleges that EDESA has failed to use commercially reasonable efforts to Develop the Product, this Agreement may be terminated by YISSUM upon written notice to EDESA if commercially reasonable efforts to Develop the Product have not commenced within two hundred and sixty (260) days of receipt of written notice of such failure by EDESA.