Failure to Select Clause Samples

Failure to Select. Should the parties fail to agree on the selection of a singlearbitrator, the matter be to the Minister of Labour for the Government of Canada, with the request that appoint an impartial arbitrator. The cost of the services of the arbitrator, and all other incidental costs, shall be borne equally by The arbitration decision should be rendered as as possible. Powersof the Arbitrator The arbitrator shall have no power to add to nor subtractfrom nor to modify the terms of this Agreement or any Agreement made supplementary hereto and shall render decision not inconsistent with the terms of this Agreement. Where the arbitrator's finding on a discharge grievance is in the employee's favour, shall have the power to remedy the discharge through reinstatement or a monetary award without
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Failure to Select. If upon the payment of any Initial Consideration or upon the expiry of any Settlement Period in respect of which Discount Charge is to be determined by reference to LIBOR, the Company has failed to select a new Settlement Period to be applicable thereto or if any Event of Default then exists, the Company shall be deemed to have elected for the Discount Charge to be calculated by reference to the Reference Rate as of the expiry date of such Settlement Period.
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Failure to Select. When the Borrower does not select an Interest Period in accordance with paragraph (B) or paragraph (A), the Interest Period will be three months or such other period as will comply with Clause 8.4.
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Failure to Select. If the Borrower fails to specify an Optional Currency, it shall be deemed to have specified Dollars for the L/C concerned. 5 AMOUNT OF OPTIONAL CURRENCIES 5.1 Lender’s spot rate of exchange. In this Clause 5, the “Lender’s spot rate of exchange” means the Lender’s rate of exchange for the purchase in the London Foreign Exchange Market of the appropriate amount of the relevant Optional Currency with Dollars at or about 11.00 a.m. on, as the case may be, each Utilisation Date on which an Optional Currency L/C is to be issued or on which a previously issued Optional Currency L/C remains outstanding, the Settlement Date of an Optional Currency L/C and each Facility Reset Date, as relevant (each an “L/C Valuation Date”).
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Failure to Select. Upon failure of the arbitrators to agree on the selection of a Chairman, or of the parties to agree on the selection of a single arbitrator, the matter shall be referred to the Minister of Labour for the Government of Canada, with the request that appoint an impartial Chairman or arbitrator. costs The cost of the servicesof the Chairman, or the single arbitrator, and all incidental costs shall be borne equally by both parties. Timely Decision The arbitration decision should be rendered as soon as possible.
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Failure to Select. If Borrower shall fail to give a notice of selection, conversion, or continuation with respect to the amount outstanding under the Note prior to the end of any Interest Period applicable thereto as provided in subparagraph (b) hereof, or if there has otherwise been no interest rate selected for amounts outstanding, then the interest rate shall automatically convert to the Prime Rate Basis until such time as Borrower shall select an applicable interest rate in accordance with the provisions hereof.
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Failure to Select. If upon the expiration of any Interest Period applicable to LIBOR Loans, the Borrower has failed to select a new Interest Period to be applicable to such LIBOR Loans, the Borrower shall be deemed to have elected to convert such LIBOR Loans into Prime Rate Loans effective as of the last day of such current Interest Period.
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Related to Failure to Select

  • Failure to Notify If Contractor fails to specify in writing any problem or circumstance that materially affects the costs of its delivery of services or products, including a material breach by the Department, about which Contractor knew or reasonably should have known with respect to the period during the term covered by Contractor's status report, Contractor shall not be entitled to rely upon such problem or circumstance as a purported justification for an increase in the price for the agreed upon scope.

  • Failure to Supply 4.2.1 If Company becomes aware that a Supply Interruption is reasonably likely to occur, Company shall promptly notify AbbVie by telephone or by written notification and shall provide AbbVie with the opportunity to meet in person or by teleconference to discuss the details to the extent they are known by Company. 4.2.2 In the event that Company is unable, or notifies AbbVie that it is unable or otherwise receives notice from its CMO that it will be unable to supply, for any reason, except for a Force Majeure Event, to supply Product in accordance with the quantities and/or delivery dates specified by AbbVie for such Product via Purchase Orders, Company shall have a period of *** days or such longer time as necessary so long as Company is using commercially reasonable efforts to cure such interruption to supply, during which time Company will prioritize AbbVie Purchase Orders of Product over Company or other customer orders. If such interruption to supply continues after such sixty (60) day period, AbbVie may, in its sole discretion: (a) cancel outstanding Purchase Orders with Company; (b) require Company to supply the undelivered Product at a future date agreed upon by the Parties; or (c) at Company’s sole expense, manufacture or have manufactured by a Third Party designated and qualified by AbbVie such quantity of ribavirin as AbbVie may reasonably determine with notice to Company as will meet AbbVie’s worldwide requirements in light of such interruption to supply. AbbVie shall be entitled to receive from Company *** % of AbbVie’s cover damages, comprising cost differences between the Product’s cost and the replacement product’s cost, and reasonable costs associated with procuring replacements for the Product, until such time as Company is capable of resuming its supply obligations under this Agreement. Upon Company’s resolution of the interruption to supply to the reasonable satisfaction of AbbVie, AbbVie shall be required to resume purchasing the Applicable Percentage of AbbVie Product Requirements from Company but shall be excused from purchasing that portion attributable to the permitted purchases from the Third Party manufacturer under Section 4.2.2(c).

  • Failure to Vacate If the Resident does not vacate the Residence on the expiry or early termination of this Agreement, (i) the Resident is liable for any financial loss sustained or incurred by the Institution or the Manager, and (ii) the Manager may remove the property of the Resident from the Room (whether or not the Resident is present at the time), and place the property in temporary storage in a location in the Residence of the Manager’s choice, at the Resident’s expense, without notice to the Resident and without liability to the Manager for any damage to or loss of the Resident’s property.

  • Failure to Defend If the Indemnifying Party, within a reasonable time after notice of any such Claim, fails to defend such Claim actively and in good faith, the Indemnified Party will (upon further notice) have the right to undertake the defense, compromise or settlement of such Claim or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall thereafter have no right to challenge the Indemnified Party's defense, compromise, settlement or consent to judgment.

  • Failure to Return Failure of the employee to return pursuant to the date determined in this Section will constitute grounds for termination by the School District unless the School District and the employee mutually agree to an extension of the leave.