FAILURE TO PERFORM AS REQUIRED BY THIS AGREEMENT Sample Clauses

The "Failure to Perform as Required by This Agreement" clause defines the consequences and remedies if a party does not fulfill its obligations under the contract. Typically, this clause outlines what constitutes a failure or breach, such as missing deadlines, delivering substandard work, or not providing agreed-upon services. It may specify steps for notification, opportunities to cure the breach, and potential penalties or termination rights. The core function of this clause is to provide a clear process for addressing non-performance, thereby protecting the interests of the non-breaching party and ensuring accountability.
FAILURE TO PERFORM AS REQUIRED BY THIS AGREEMENT. CARE will benefit from the Grantee's full compliance with the terms of this Agreement only by the Grantee's (a) investigation or application of technologies, processes, products, and devices which support the collection, reduction, reuse, recycling and remanufacturing of PCC materials originating within California; and (b) compliance with statutes and regulations applicable to the diversion of PCC materials from California landfills (including but not limited to the Carpet Stewardship Laws).
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FAILURE TO PERFORM AS REQUIRED BY THIS AGREEMENT. CARE will benefit from the Grantee's full compliance with the terms of this Agreement only by the Grantee's (a) investigation or application of technologies, processes, products, and devices which support the collection, reduction, reuse, recycling and remanufacturing of PCC materials originating within California; and (b) compliance with statutes and regulations applicable to the diversion of PCC materials from California landfills (including but not limited to Pub. Res. Code § 2970 et seq., and 14 Cal. Code Reg. § 18940 et seq.) and (c) participation as a CARE public drop-off site for at least two years from contract execution. Therefore, the Grantee shall be in compliance with this Agreement only if the work it performs results in the measurable, substantiated and verified increase in the collection and recycling and/or reuse of California-generated PCC material at the grantee's facility and in California as a whole. If the Grant Manager determines that the Grantee has not complied with the Grant Agreement, the Grant Manager may withhold ▇▇▇▇▇▇▇’s right to reimbursement of any grant funds not already paid by CARE, including but not limited to any retention retained by CARE during the Grant Term. CARE may also reclaim grant funds or equipment if item (a) or (c) is breached.
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FAILURE TO PERFORM AS REQUIRED BY THIS AGREEMENT. CARE will benefit from the Grantee's full compliance with the terms of this Agreement only by the Grantee's (a) investigation or application of technologies, processes, products, and devices which support the collection, reduction, reuse, recycling and remanufacturing of PCC materials originating within California; and (b) compliance with statutes and regulations applicable to the diversion of PCC materials from California landfills (including but not limited to the Carpet Stewardship Laws); and (c) delivery of all grant-funded reports and results generated. The Grantee may use grant-funds to investigate products other than the original product or products approved in the original Work Plan, provided that CARE or the Grants Manager must approve any new product applications prior to using grant funds for that purpose, and the new products must use only California-generated PCC. If the Grant Manager determines that the Grantee has not complied with the Grant Agreement, the Grant Manager may withhold ▇▇▇▇▇▇▇’s right to reimbursement of any grant funds not already paid by CARE, including but not limited to any retention retained by CARE during the Grant Term.
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Related to FAILURE TO PERFORM AS REQUIRED BY THIS AGREEMENT

  • Failure to Perform In the event of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.

  • TERMINATING THIS AGREEMENT You can terminate this Agreement at any time by notifying us in writing and by discontinuing the use of your Logon ID. We can also terminate this Agreement and revoke access to Online Banking at any time. Whether you terminate the Agreement or we terminate the Agreement, the termination will not affect your obligations under this Agreement, even if we allow any transaction to be completed with your Logon ID after this Agreement has been terminated.

  • Vendor’s Resellers as Related to This Agreement Vendor’s Named Resellers (“Resellers”) under this Agreement shall comply with all terms and conditions of this agreement and all addenda or incorporated documents. All actions related to sales by Authorized Vendor’s Resellers under this Agreement are the responsibility of the awarded Vendor. If Resellers fail to report sales to TIPS under your Agreement, the awarded Vendor is responsible for their contractual failures and shall be billed for the fees. The awarded Vendor may then recover the fees from their named reseller. If there is a dispute between the awarded Vendor and TIPS Member, TIPS or its representatives may, at TIPS sole discretion, assist in conflict resolution if requested by either party. TIPS, or its representatives, reserves the right to inspect any project and audit the awarded Vendor’s TIPS project files, documentation and correspondence related to the requesting TIPS Member’s order. If there are confidentiality requirements by either party, TIPS shall comply to the extent permitted by law. The TIPS Solicitation which resulted in this Vendor Agreement, whether a Request for Proposals, the Request for Competitive Sealed Proposals or Request for Qualifications solicitation, or other, the Vendor’s response to same and all associated documents and forms made part of the solicitation process, including any addenda, are hereby incorporated by reference into this Agreement as if copied verbatim. THE SECTON HEADERS OR TITLES WITHIN THIS DOCUMENT ARE MERELY GUIDES FOR CONVENIENCE AND ARE NOT FOR CLASSIFICATION OR LIMITING OF THE RESPONSIBILITES OF THE PARTIES TO THIS DOCUMENT. Texas governmental entities are prohibited from doing business with companies that fail to certify to this condition as required by Texas Government Code Sec. 2270. By executing this agreement, you certify that you are authorized to bind the undersigned Vendor and that your company (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. You certify that your company is not listed on and does not and will not do business with companies that are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations per Texas Gov't Code 2270.0153 found at ▇▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇.▇▇▇/purchasing/docs/foreign-terrorist.pdf You certify that if the certified statements above become untrue at any time during the life of this Agreement that the Vendor will notify TIPS within three (3) business day of the change by a letter on Vendor’s letterhead from and signed by an authorized representative of the Vendor stating the non-compliance decision and the TIPS Agreement number and description at: Attention: General Counsel ESC Region 8/The Interlocal Purchasing System (TIPS) ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇,▇▇▇▇▇ And by an email sent to ▇▇▇▇@▇▇▇▇-▇▇▇.▇▇▇ The undersigned Vendor agrees to maintain the below minimum insurance requirements for TIPS Contract Holders: When the Vendor or its subcontractors are liable for any damages or claims, the Vendor’s policy, when the Vendor is responsible for the claim, must be primary over any other valid and collectible insurance carried by the Member. Any immunity available to TIPS or TIPS Members shall not be used as a defense by the contractor's insurance policy. The coverages and limits are to be considered minimum requirements and in no way limit the liability of the Vendor(s). Insurance shall be written by a carrier with an A-; VII or better rating in accordance with current A.M. Best Key Rating Guide. Only deductibles applicable to property damage are acceptable, unless proof of retention funds to cover said deductibles is provided. "Claims made" policies will not be accepted. Vendor’s required minimum coverage shall not be suspended, voided, cancelled, non-renewed or reduced in coverage or in limits unless replaced by a policy that provides the minimum required coverage except after thirty (30) days prior written notice by certified mail, return receipt requested has been given to TIPS or the TIPS Member if a project or pending delivery of an order is ongoing. Upon request, certified copies of all insurance policies shall be furnished to the TIPS or the TIPS Member. • Orders: All Vendor orders received from TIPS Members must be emailed to TIPS at tipspo@tips- ▇▇▇.▇▇▇. Should a TIPS Member send an order directly to the Vendor, it is the Vendor’s responsibility to forward a copy of the order to TIPS at the email above within 3 business days and confirm its receipt with TIPS. • Vendor Encouraging Members to bypass TIPS agreement: Encouraging TIPS Members to purchase directly from the Vendor or through another agreement, when the Member has requested using the TIPS cooperative Agreement or price, and thereby bypassing the TIPS Agreement is a violation of the terms and conditions of this Agreement and will result in removal of the Vendor from the TIPS Program. • Order Confirmation: All TIPS Member Agreement orders are approved daily by TIPS and sent to the Vendor. The Vendor should confirm receipt of orders to the TIPS Member (customer) within 3 business days. • Vendor custom website for TIPS: If Vendor is hosting a custom TIPS website, updated pricing when effective. TIPS shall be notified when prices change in accordance with the award.

  • Continue to Perform No resignation or removal of the Administrator will be effective, and the Administrator will continue to perform its obligations under this Agreement, until a successor Administrator has accepted its engagement according to Section 3.5(b).

  • Breach of this Agreement If the Executive commits a breach, or threatens to commit a breach, of any of the provisions of Sections 7, 8 or 9 of this Agreement, then the Company shall have the right and remedy to have those provisions specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed by the Executive that the rights and privileges of the Company granted in Sections 7, 8 and 9 are of a special, unique and extraordinary character and any such breach or threatened breach will cause great and irreparable injury to the Company and that money damages will not provide an adequate remedy to the Company.