Common use of Failure to Operate Clause in Contracts

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:

Appears in 1 contract

Sources: New Holland Equipment Sales and Service Agreement (Titan Machinery Inc.)

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 Case detailing how Dealer shall return to operation at the affected Dealer Location, which plan must be acceptable to New Holland Case 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:

Appears in 1 contract

Sources: Construction Equipment Sales and Service Agreement (Titan Machinery Inc.)

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 Case IH detailing how Dealer shall return to operation at the affected Dealer Location, which plan must be acceptable to New Holland Case IH 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:

Appears in 1 contract

Sources: Agricultural Equipment Sales and Service Agreement (Titan Machinery Inc.)