Failure to Provide Timely Notice Sample Clauses

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Failure to Provide Timely Notice. Notwithstanding the notice requirements provided in Sections 7.1 and 7.2, the right to indemnification under this Agreement shall not be affected by any failure to give or any delay in giving such notice unless, and then only to the extent that, the rights and remedies of the party to whom such notice was to have been given shall have been prejudiced.
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Failure to Provide Timely Notice. Sponsor’s failure to provide timely notice under Section VI.B above shall be deemed to be its election not to support the filing of patent applications and not to negotiate an exclusive or nonexclusive license to commercialize the UMD Research Results, in which case Sponsor’s right to use and practice the UMD Research Results shall be limited to the rights granted under Section VI.A above.
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Failure to Provide Timely Notice. If the Planning Director does not deliver such written notice specifying that the Sector Plan does not conform to the Master Framework Plan, requires additional development standards for a Specialized Area beyond the Approved Development Standards for Specialized Areas, incorporates Alternative Development Standards, contains any Listed Minimum Development Standards that the Planning Director believes are unmet, or is inconsistent with any terms of this Agreement within the thirty (30) day period described in Section 4.1.2(A)(1) and Section 4.1.2(B)(2) above, then the Applicant must notify the Planning Director in writing of its failure to do so and the Planning Director shall have an additional fifteen (15) days in order to respond in the manner described above. If the Planning Director does not respond within the additional 15-day period, then it shall be deemed that the Planning Director has determined that the Sector Plan conforms to the Master Framework Plan, does not require additional development standards for a Specialized Area beyond the Approved Development Standards for Specialized Areas, does not incorporate Alternative Development Standards, does not contain any Listed Minimum Development Standards that the Planning Director believes are unmet, and is consistent with the terms of this Agreement; provided, however, nothing herein shall be deemed to modify in any way the right of the City Council to make the City Council Sector Plan Determinations.
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Failure to Provide Timely Notice. If the Planning Director does not deliver the written notice required by Sections 4.1.5(A)(A)(1) and 4.1.5(B)(2) above, within the 30-day period, then the Applicant must notify the Planning Director in writing of its failure to do so and the Planning Director shall have an additional fifteen (15) days in order to respond in the manner described above. If the Planning Director does not respond within the additional 15-day period, then it shall be deemed that the Planning Director determined that the Site Plan and Building Permit conform to an Approved Sector Plan, conform to an Approved Final Plat, and is consistent with the terms of this Agreement.
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Failure to Provide Timely Notice. Sponsor’s failure to provide timely notice under section VI.B shall be deemed to be its election not to support the filing of patent applications and not to negotiate an exclusive or nonexclusive license to commercialize the Research Results, in which case Sponsor’s right to use and practice the Research Results shall be limited to the rights granted under Section VI.A.
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Failure to Provide Timely Notice. If the Planning Director does not deliver the written notice required by Sections 4.1.4(A)(1) and 4.1.4(B)(B)(2) above within the 30-day period, then the Applicant must notify the Planning Director in writing of its failure to do so and the Planning Director shall have an additional fifteen (15) days in order to respond in the manner described above. If the Planning Director does not respond within the additional 15-day period, then it shall be deemed that the Planning Director determined that the Final Plat conforms to the Master Framework Plan, conforms to an Approved Sector Plan, and is consistent with the terms of this Agreement; provided, however, nothing herein shall be deemed to modify in any way the right of the Planning Commission to make the Planning Commission Final Plat Determinations.
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Failure to Provide Timely Notice. If the wishes to allow the Contract to lapse but has failed to comply with the applicable schedule in a timely manner, then the Contract is automatically extended by the number of calendar days necessary to accommodate the timely giving of notice. Alternatively, at the option of the Employee, the may pay the Employee, at the end of the term of the Contract, compensation for the number of calendar days by which the given notice was insufficient, computed pro-rata at the rate of base pay in clause above. Upon receiving notice from the of its intention to renew the Contract, the Employee must, within fourteen (14) calendar days, indicate intention to renew or allow the Contract to lapse. Should the Parties wish to renew the Contract, but be unable to agree on terms and conditions, the Contract will lapse at its expiry date without the requirement for any further notice by either party to the other, provided that the original notices were given in a timely manner.
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Failure to Provide Timely Notice. No indemnification -------------------------------- provided for in Section 3 of this Agreement shall be available to the Indemnitee if Indemnitee fails to give an appropriate and timely notice and, as a direct result thereof, American Pacific was unaware of the Proceeding to which such notice would have related and was prejudiced by Indemnitee's failure to give timely notice.
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Failure to Provide Timely Notice. If the Board fails to provide timely notice as required in this Agreement, Executive shall be entitled to receive Severance Benefits. If Executive fails to provide timely notice as required in this Agreement, Executive shall not receive any Severance Benefits.
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Related to Failure to Provide Timely Notice

  • Failure to Provide Notice of Expiry If the HSP fails to provide the required 6 months’ Notice that it intends to allow this Agreement to expire, or fails to provide a Transition Plan along with any such Notice, this Agreement shall automatically be extended and the HSP will continue to provide the Services under this Agreement for so long as the Funder may reasonably require to enable all clients of the HSP to transition to new service providers.

  • Failure to Timely Deliver; Buy-In If the Company fails to fail, for any reason or for no reason, to issue and deliver (or cause to be delivered) to a Buyer (or its designee) by the Required Delivery Date, either (I) if the Transfer Agent is not participating in the DTC Fast Automated Securities Transfer Program, a certificate for the number of Conversion Shares or Warrant Shares (as the case may be) to which such Buyer is entitled and register such Conversion Shares or Warrant Shares (as the case may be) on the Company’s share register or, if the Transfer Agent is participating in the DTC Fast Automated Securities Transfer Program, to credit the balance account of such Buyer or such Buyer’s designee with DTC for such number of Conversion Shares or Warrant Shares (as the case may be) submitted for legend removal by such Buyer pursuant to Section 5(d) above or (II) if the Registration Statement covering the resale of the Conversion Shares or Warrant Shares (as the case may be) submitted for legend removal by such Buyer pursuant to Section 5(d) above (the “Unavailable Shares”) is not available for the resale of such Unavailable Shares and the Company fails to promptly, but in no event later than as required pursuant to the Registration Rights Agreement (x) so notify such Buyer and (y) deliver the Conversion Shares or Warrant Shares, as applicable, electronically without any restrictive legend by crediting such aggregate number of Conversion Shares or Warrant Shares (as the case may be) submitted for legend removal by such Buyer pursuant to Section 5(d) above to such Buyer’s or its designee’s balance account with DTC through its Deposit/Withdrawal At Custodian system (the event described in the immediately foregoing clause (II) is hereinafter referred as a “Notice Failure” and together with the event described in clause (I) above, a “Delivery Failure”), then, in addition to all other remedies available to such Buyer, the Company shall pay in cash to such Buyer on each day after the Share Delivery Date and during such Delivery Failure an amount equal to 2% of the product of (A) the sum of the number of shares of Common Stock not issued to such Buyer on or prior to the Required Delivery Date and to which such Buyer is entitled, and (B) any trading price of the Common Stock selected by such Buyer in writing as in effect at any time during the period beginning on the date of the delivery by such Buyer to the Company of the applicable Conversion Shares or Warrant Shares (as the case may be) and ending on the applicable Share Delivery Date. In addition to the foregoing, if on or prior to the Required Delivery Date either (I) if the Transfer Agent is not participating in the DTC Fast Automated Securities Transfer Program, the Company shall fail to issue and deliver a certificate to a Buyer and register such shares of Common Stock on the Company’s share register or, if the Transfer Agent is participating in the DTC Fast Automated Securities Transfer Program, credit the balance account of such Buyer or such Buyer’s designee with DTC for the number of shares of Common Stock to which such Buyer submitted for legend removal by such Buyer pursuant to Section 5(d) above (ii) below or (II) a Notice Failure occurs, and if on or after such Trading Day such Buyer purchases (in an open market transaction or otherwise) shares of Common Stock to deliver in satisfaction of a sale by such Buyer of shares of Common Stock submitted for legend removal by such Buyer pursuant to Section 5(d) above that such Buyer is entitled to receive from the Company (a “Buy-In”), then the Company shall, within two (2) Trading Days after such Buyer’s request and in such Buyer’s discretion, either (i) pay cash to such Buyer in an amount equal to such Buyer’s total purchase price (including brokerage commissions and other out-of-pocket expenses, if any, for the shares of Common Stock so purchased) (the “Buy-In Price”), at which point the Company’s obligation to so deliver such certificate or credit such Buyer’s balance account shall terminate and such shares shall be cancelled, or (ii) promptly honor its obligation to so deliver to such Buyer a certificate or certificates or credit the balance account of such Buyer or such Buyer’s designee with DTC representing such number of shares of Common Stock that would have been so delivered if the Company timely complied with its obligations hereunder and pay cash to such Buyer in an amount equal to the excess (if any) of the Buy-In Price over the product of (A) such number of shares of Conversion Shares or Warrant Shares (as the case may be) that the Company was required to deliver to such Buyer by the Required Delivery Date multiplied by (B) the lowest Closing Sale Price (as defined in the Warrants) of the Common Stock on any Trading Day during the period commencing on the date of the delivery by such Buyer to the Company of the applicable Conversion Shares or Warrant Shares (as the case may be) and ending on the date of such delivery and payment under this clause (ii). Nothing shall limit such Buyer’s right to pursue any other remedies available to it hereunder, at law or in equity, including, without limitation, a decree of specific performance and/or injunctive relief with respect to the Company’s failure to timely deliver certificates representing shares of Common Stock (or to electronically deliver such shares of Common Stock) as required pursuant to the terms hereof. Notwithstanding anything herein to the contrary, with respect to any given Notice Failure and/or Delivery Failure, this Section 5(e) shall not apply to the applicable Buyer the extent the Company has already paid such amounts in full to such Buyer with respect to such Notice Failure and/or Delivery Failure, as applicable, pursuant to the analogous sections of the Note or Warrant, as applicable, held by such Buyer.

  • Timely Notice Failure to timely provide such notice required by subsection (g) above shall entitle Warrantholder to retain the benefit of the applicable notice period notwithstanding anything to the contrary contained in any insufficient notice received by Warrantholder. The notice period shall begin on the date Warrantholder actually receives a written notice containing all the information specified above.

  • Failure to Meet Timelines Failure by the Union to comply with the timelines will result in the automatic withdrawal of the grievance. Failure by the Employer to comply with the timelines will entitle the Union to move the grievance to the next step of the procedure.

  • Failure to Respond If you fail to respond by the date given above, your application will be refused under Section 3A(4)(a) of the Registered Designs Act 1949.