Failure to Operate Sample Clauses

Failure to Operate. The Faire will not be heled responsible should it fail to open due to an Act of God or any regulation of any public authority, civic turmoil, condition or war or any such issue. Similarly, should the Faire be forced to close due to inclement weather, no compensation shall be sought from the Faire.

Failure to Operate. After the Commercial Operation Date, Provider fails to operate the Project for a period of 90 days which failure is not due to equipment failure, or damage to the Project, act of governmental authority, or exercise of Provider’s rights under this Agreement, or otherwise excused by the provisions of Section 17(b) (relating to Force Majeure Events); and Provider fails to resume operation within thirty (30) days after receipt of notice from Host stating that, in Host’s reasonable determination, Provider has ceased operation of the Project, provided, however, that the cure period shall be extended by the number of calendar days during which Provider is prevented from taking curative action if Provider had begun curative action and was proceeding diligently, using commercially reasonable efforts, to complete such curative action.

Failure to Operate. In the event that FirstWorld fails to operate the Irvine Networks or otherwise provide fiber optic telecommunications service on the Irvine Networks for a consecutive period of five (5) days or more then, in addition to any other rights or remedies of Irvine hereunder and subject to the rights and remedies of any Lender under Articles 11 and 12, Irvine may until such failure is cured by FirstWorld (but shall not be obligated to) either remedy such failure directly or cause another fiber optic service provider to provide service, as an agent or contractor of Irvine, utilizing the Irvine Networks. In either such case, FirstWorld shall upon Irvine's demand bear all expenses for, or reimburse Irvine for, all costs incurred in connection with, Irvine's exercise of its rights under this Section 5.

Failure to Operate. (i) any Credit Party shall fail to operate its business for any period of time which, in the aggregate, would reasonably be expected to cause a Material Adverse Effect or (ii) any Substantial Portion shall not, for any reason (including loss of an FCC License or otherwise) be operating for a period in excess of 30 (30) days. For purposes of this Section 10.1(s). “Substantial Portion” means any portion of the telecommunications system of the Credit Parties that has generated, for the most recently completed twelve–month period, in excess of 5% of the gross revenues of the Credit Parties.

Failure to Operate failure to operate any Dealer Location in the normal course of business for seven (7) consecutive calendar days;

Failure to Operate failure to operate any Dealer Location in the normal course of business for seven (7) consecutive calendar days other than due to a force majeure event, provided that within three (3) months from the seventh day of closure due to the force majeure event, Dealer shall submit a plan to New Holland detailing how Dealer shall return to operation at the affected Dealer Location, which plan must be acceptable to New Holland in its reasonable discretion; e. Subparagraph (h) is amended to delete “or any Dealer Principal” from such section. f. Subparagraph (k) of Section 27.4 is replaced in its entirety with the following:

Failure to Operate. The failure of Sublicensee to commence operations at a Service Area within 30 days after the applicable License’s Commencement Date shall constitute a Default. Default under this section 10.7 shall be deemed a non-curable Default for which Licensor shall have the right to terminate the License granted with respect to the applicable Facility immediately upon written notice of Default to Licensee.

Failure to Operate. Where there has been a failure to operate, Nexus shall have the right to deduct from payments otherwise due to a Contractor, an amount equal to the average cost per mile for each mile or part mile not operated, or in certain circumstances hour or part-hour not operated plus an amount reflecting revenue lost with reference to the same journey (s) in a previous week The average cost per mile operated shall be calculated by dividing the daily cost (as shown on the ‘Details of Tendered Price Form’) by the daily contract mileage. Where appropriate the hourly cost will be as stated in the ‘Details of Tendered Price Form’. Nexus shall notify in writing of the deduction it decides appropriate and the reasons therefore. Within 14 days of such notification, any representations by the Contractor regarding the deduction will be considered by Nexus which may, if it is thought fit as a result of such representations, increase or decrease the amount of the deduction. Nexus’s decision, whether altered or not, will be final. Nexus will have the right to make deductions from the payments otherwise due to the Contractor in respect of any fare payment irregularities which could reasonably have been avoided by the Contractors’ employees. These deductions will be calculated with reference to average revenue taken on the journeys in previous weeks Nexus shall notify in writing of the deduction it decides appropriate and the reasons therefore. Within 14 days of such notification, any representations by the Contractor regarding the deduction will be considered by the Nexus which may, if it is thought fit as a result of such representations, increase or decrease the amount of the deduction. Nexus’s decision, whether altered or not, will be final. Nexus shall have the right, at its sole discretion, to make deductions from the payments otherwise due to the Contractor for those journey’s which fail to comply with the vehicle specification required by the contract together with any additional costs falling to Nexus such as payment of taxi fares if passengers are left when the capacity is lower than specified or where wheelchair access is not possible due to a defect These deductions will be limited to the daily contract price Nexus shall notify in writing of the deduction it decides appropriate and the reasons therefore. Within 14 days of such notification, any representations by the Contractor regarding the deduction will be considered by Nexus which may, if it is thought fit as a res...

Failure to Operate. (i) Any Loan Party or any Subsidiary thereof shall fail to operate its business for any period of time which, in the aggregate, would reasonably be expected to cause a Material Adverse Effect or (ii) any Substantial Portion shall not, for any reason be operating for a period in excess of seven (7) days in any thirty (30) day period (for purposes of this Section 8.01(l), “Substantial Portion” means any portion of the internet communications system (including network access and user websites) of the Loan Parties that has generated, for the most recently completed twelve-month period, in excess of ten percent (10%) of the gross revenues of the Loan Parties); or