Other Failures Sample Clauses
The "Other Failures" clause defines the consequences or procedures that apply when a party fails to meet obligations not specifically addressed elsewhere in the contract. Typically, this clause outlines what constitutes a failure outside of major breaches, such as minor delays or incomplete performance, and may specify remedies like notice requirements or opportunities to cure the failure. Its core function is to ensure that all types of non-performance are covered, providing a clear process for addressing less severe or unforeseen breaches and thereby reducing ambiguity and potential disputes.
Other Failures. Any other failure to fulfil your obligations under the Contract, including article 3.1.2 above, shall forfeit your right to cover for the Debts concerned and if indemnification has already been paid for this Debt, You shall reimburse Us for such payment.
Other Failures. Developer or TxDOT may terminate this Agreement without fault, Claim, penalty or Termination Compensation (and upon such termination, all the CDA Documents and the Independent Engineer Agreement shall be deemed terminated (except for provisions of this Agreement that survive termination), and TxDOT shall promptly return to Developer the original of the Financial Close Security) if Financial Close does not occur by the Project Financing Deadline and such failure is directly attributable to:
(a) If the initial Project Plan of Finance includes PABs, the refusal or unreasonable delay of the PABs Issuer to issue PABs in the amount that Developer’s underwriters are prepared to underwrite, provided that (i) such refusal or delay is not due to any fault or less-than-diligent efforts of Developer (including Developer’s failure to satisfy all requirements that it is obligated to satisfy under the PABs Agreement) and (ii) Developer’s financing schedule provides the PABs Issuer customary time periods for carrying out the ordinary and necessary functions of a conduit issuer of tax-exempt bonds;
(b) If the initial Project Plan of Finance includes PABs, the refusal or unreasonable delay of the PABs Issuer’s counsel to allow closing of the PABs, provided that (i) bond counsel is ready to give an unqualified opinion regarding the validity of the issuance of the PABs and the tax exempt status of interest paid on the PABs, (ii) the basis for such refusal is not that it would be unreasonable for bond counsel to deliver the opinion and (iii) Developer’s financing schedule provides the PABs Issuer’s counsel customary time periods for carrying out the ordinary and necessary functions of counsel to a conduit issuer of tax-exempt bonds;
(c) If the initial Project Plan of Finance includes PABs, (i) the failure of the PABs Issuer or TxDOT to comply with the terms of the PABs Agreement, (ii) the expiration of the USDOT- approved PABs allocation despite Developer’s commercially reasonable efforts to obtain an extension of the PABs allocation or (iii) the withdrawal, rescission or revocation of the USDOT-approved PABs allocation, or the reduction of such allocation to an amount less than the amount of PABs included in the Project Plan of Finance, by USDOT; provided that, in all such cases, the failure to achieve Financial Close is directly caused by such occurrence, and such occurrence is not due to any fault of Developer (including Developer’s failure to satisfy any conditions precede...
Other Failures. The failure of the Lessee to observe or perform any covenant, condition or agreement on its part to be performed or observed under this Lease and not otherwise described in the foregoing provisions of this Section 8.1.
Other Failures. If the Department determines that the Contractor is in substantial noncompliance with any material terms of this Contract or any state or federal laws affecting the Contractors conduct under this Contract, which are not specifically enunciated in this Article IX but which the Department reasonably deems sanctionable, the Department shall provide written notice to the Contractor setting forth the specific failure or noncompliant activity. If the Contractor does not correct the noncompliance within thirty (30) days of the notice the Department, without further notice, may (i) impose a sanction of $1,000.00 to $5,000.00, (ii) suspend Enrollment of Potential Enrollees with the Contractor, or (iii) impose both sanctions.
Other Failures. If the Department determines that Contractor is in substantial noncompliance with any material terms of this Contract, or any State or federal laws affecting Contractor’s conduct under this Contract, that are not specifically enunciated in this article VII but for which the Department reasonably determines imposing a performance penalty or other sanction is warranted, the Department, may:
Other Failures. If the Department determines that Contractor is in substantial noncompliance with any material terms of this Contract, or any State or federal laws affecting Contractor’s conduct under this Contract, that are not specifically enunciated in this Article VII, but for which the Department reasonably determines imposing a performance penalty or other sanction is warranted, the Department shall provide written notice to Contractor setting forth the specific failure or noncompliant activity. If Contractor does not cure the failure or noncompliance to the Department’s satisfaction within thirty (30) days after the notice, the Department, without further notice, may:
Other Failures. If the Department determines that the Contractor is in substantial noncompliance with any material terms of this Contract not specifically enunciated herein and which the Department reasonably deems sanctionable, the Department shall provide written notice to the Contractor setting forth the specific failure or noncompliant activity. If the Contractor does not correct the noncompliance within thirty (30) days of the notice the Department, without further notice, may impose a sanction of $1,000.00 to $5,000.00.
Other Failures. If the Department determines that Contractor is in substantial noncompliance with any material terms of this Contract, or any State or federal laws affecting Contractor’s conduct under this Contract, that are not specifically enunciated in this article VII but for which the Department reasonably determines imposing a performance penalty or other sanction is warranted, the Department, may:
7.16.17.1 impose a performance penalty of US $20,000 to US $50,000;
7.16.17.2 impose an enrollment hold on Contractor; or 7.16.17.3 impose both.
Other Failures. Other than as set forth in the preceding clauses of this Section, failure by the Trust or Insured, as applicable, to perform in any material respect any of its obligations under the Promissory Note, this Agreement, Beneficiary Pledge Agreement or any other Financing Document to which either is a party if such failure is not remedied on or prior to the fifteenth (15th) day after written notice of such failure is given to the Trust or the Insured, respectively, by the Lender.
Other Failures. RLJ otherwise engages in willful or reckless misconduct with respect to its duties hereunder or its obligations pursuant to the terms and provisions hereof, or willfully breaches any provision of this Agreement, and RLJ fails to cure such failure within thirty (30) days after written notice from the Company setting forth RLJ’s failure.