Failure to Disprove Default Clause Samples

The "Failure to Disprove Default" clause establishes that if a party is alleged to be in default under an agreement and does not provide sufficient evidence to refute the claim, the default will be considered to have occurred. In practice, this means that when one party notifies the other of a default, the burden shifts to the accused party to demonstrate that no default has taken place, often within a specified timeframe and with supporting documentation. This clause ensures that defaults are addressed promptly and prevents parties from avoiding responsibility by remaining silent or failing to respond, thereby promoting accountability and efficient dispute resolution.
Failure to Disprove Default. Lender shall reasonably suspect the occurrence of one or more of the aforesaid Events of Default and Borrower, upon the request of Lender, shall fail to provide evidence reasonably satisfactory to Lender that such Event or Events of Default have not in fact occurred.
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Failure to Disprove Default. Lender shall reasonably suspect the occurrence of one or more of the abovesaid events of default and Borrower, upon request of the Lender, shall fail to provide evidence reasonably satisfactory to Lender that such event or events of default have not, in fact, occurred.
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Failure to Disprove Default. TVA shall reasonably suspect the occurrence of one or more of the aforesaid Events of Default and Borrower, upon written notice from TVA, given in accordance with this Agreement, shall fail to provide evidence reasonably satisfactory to TVA that such event or Events of Default have not in fact occurred.
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Failure to Disprove Default. Should Bank reasonably suspect ------------- --------------------------- the occurrence of one or more of the aforesaid Events of Default and the Company, upon request of the Bank, shall fail to provide evidence reasonably satisfactory to Bank that such Event or Events of Default have not, in fact, occurred, then such Event shall be deemed to have occurred.
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Failure to Disprove Default. ▇▇▇▇▇▇▇▇ shall reasonably suspect the occurrence of any one or more of the aforesaid Events of Default and Borrower, upon the request of ▇▇▇▇▇▇▇▇, shall fail to provide evidence reasonably satisfactory to ▇▇▇▇▇▇▇▇ that such Event or Events of Default have not in fact occurred.
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Failure to Disprove Default. Lender shall reasonably suspect the occurrence of one or more of the above said Events of Default and Borrower, upon request of the Lender, shall fail to provide evidence reasonably satisfactory to Lender that such event or Events of Default have not, in fact, occurred; or Change in Management of Borrower. There is any change of the Chief Executive Officer and/or Chief Financial Officer of Borrower, without the express prior written consent of Lender, which consent shall be in Lender’s sole and absolute discretion.
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Related to Failure to Disprove Default

  • Default Events (a) Any material breach of the Funding Agreement by the Recipient, including those set out below, will be an event of default (“Default Event”): 1. the Recipient has amounts owing to the IESO in respect of another funding agreement or other program, contract or arrangement with the IESO that have not been paid after due notice; 2. the IESO notifies the Recipient that it is in default of any existing agreements with the IESO, its predecessor entities, or any of their third party funds managers, including funding agreements; 3. the Recipient fails to complete or submit to the IESO any Activities set out in Schedule C by the applicable Target Completion Date; or 4. the Recipient fails to notify the IESO of any of the events set out in Section 6.1. (b) Should a Default Event occur, the IESO will be entitled to deliver to the Recipient a written notice that the Recipient is in default of the obligations under the Funding Agreement (the “Notice of Default”). The Notice of Default will set out the nature of the Default Event and a reasonable period of time by which the Default Event must be cured.

  • Failure to Cure If DSHS learns of a pattern or practice of the Business Associate that constitutes a violation of the Business Associate’s obligations under the terms of this Contract and reasonable steps by DSHS do not end the violation, DSHS shall terminate this Contract, if feasible. In addition, If Business Associate learns of a pattern or practice of its Subcontractors that constitutes a violation of the Business Associate’s obligations under the terms of their contract and reasonable steps by the Business Associate do not end the violation, Business Associate shall terminate the Subcontract, if feasible.

  • No Failure to Cure Default The Seller has not received a written notice of default of any senior mortgage loan related to the Mortgaged Property which has not been cured;

  • Customer Default The occurrence at any time of any of the following events shall constitute a “Customer Default”:

  • Failure to Elect; Events of Default If the Borrower fails to deliver a timely and complete Interest Election Request with respect to a Term Benchmark Borrowing prior to the end of the Interest Period therefor, then, unless such Borrowing is repaid as provided herein, (i) if such Borrowing is denominated in Dollars, at the end of such Interest Period such Borrowing shall be converted to a Term Benchmark Borrowing of the same Class having an Interest Period of one (1) month’s duration, and (ii) if such Borrowing is denominated in a Foreign Currency, the Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration. Notwithstanding any contrary provision hereof, if an Event of Default has occurred and is continuing and the Administrative Agent, at the request of the Required Lenders, so notifies the Borrower, then, so long as an Event of Default is continuing no outstanding Term Benchmark Borrowing or RFR Borrowing denominated in a Foreign Currency may have an Interest Period of more than one (1) month’s duration.