PENALTY FOR FAILURE TO PERFORM Clause Samples

PENALTY FOR FAILURE TO PERFORM. If the Customer/ARC does not reduce load in accordance with the Service Agreement, Midwest ISO may charge the Company a penalty for failure to perform. Such penalty will be imposed on the Customer/ARC. The Company shall take its fee for offers cleared as indicated in Attachment C and subtract the Midwest ISO penalty or fee from the net of that amount. If the Customer/ARC fails to comply with the provisions of the Curtailment Amount under this Rider, the Company and the Customer/ARC will discuss methods to comply during future events. If the Midwest ISO terminates the Customer’s/ARC’s participation, the Company shall immediately terminate the Customer’s/ARC's participation. If there are system reliability issues created by the Customer’s/ARC’s failure to perform the Company reserves the right to suspend participation of the Customer/ARC under this Rider for 90 days or to terminate the Customer/ARC’s participation. The Customer has the right to ask the Commission to review any decision made by the Company. In addition, in the event that a Customer or ARC has a debit on its bill or invoice due to failure to perform, if the Customer/ARC does not pay the undisputed portion of that debit by the due date indicated on the Customer’s bill or ARC’s invoice, the Customer/ARC shall be suspended from further participation until such time that the debit is paid.
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PENALTY FOR FAILURE TO PERFORM. 41.1 If the Carrier fails to start the carriage on time, i.e. does not commence the carriage within 1 day after the latest start date specified in the STC, the Customer may deem the Contract not fulfilled (failed) and the Customer is entitled to terminate the Contract and claim penalty for non-performance. In addition to notifying the Carrier in writing at the same time, the Customer is entitled to perform the task using another Carrier or using its own Vehicle, in which case the Carrier is obliged to reimburse all justified additional costs of the Customer in addition to the penalty. 41.2 In the event the Consignment is lost, the Customer is entitled, besides reimbursement of the value of the Consignment at the time of dispatch, to claim penalty for non-performance. 41.3 A Consignment shall be considered lost - and the Contract not performed - if it is not delivered by the Carrier within thirty days following the delivery date or, in the absence of such agreement, within 60 days from taking over of the Consignment for forwarding. 41.4 If the Consignment is found following payment of compensation and penalties, the Carrier shall notify the Customer as soon as the circumstances allow and the Customer shall be entitled to dispose of the Consignment. 41.5 The Parties agree that if the Customer terminates the Contract with immediate effect due to a material breach of contract by the Carrier, it shall also be considered a non-performance within the sphere of responsibility of the Carrier. 41.6 In the event of a failure to perform, the Carrier shall pay to the Customer a penalty equal to 30% of the penalty base. The penalty for non-performance is based on the total gross forwarding fee. The penalty for non-performance shall become due on the day of termination or cancellation, and in the case of loss of the Consignment, on the thirtieth day after the delivery date.
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PENALTY FOR FAILURE TO PERFORM. If the Customer/ARC does not perform to its DA offer cleared by MISO in accordance with the Service Agreement, MISO may debit, credit or penalize the Company. Such financial settlements will be imposed on the Customer/ARC. The Company shall take its fee for offers cleared as indicated in Attachment C and subtract the MISO penalty or fee from the net of that amount. If MISO terminates the Customer’s/ARC’s participation, the Company shall immediately terminate the Customer’s/ARC's participation. If there are system reliability issues created by the Customer’s/ARC’s failure to perform the Company reserves the right to suspend participation of the Customer/ARC under this Rider for ninety (90) days or to terminate the Customer/ARC’s participation. The Customer has the right to ask the Commission to review any decision made by the Company. In addition, in the event that a Customer or ARC has a debit on its Bill or invoice due to failure to perform, if the Customer/ARC does not pay the undisputed portion of that debit by the due date indicated on the Customer’s Bill or ARC’s invoice, the Customer/ARC shall be suspended from further participation until such time that the debit is paid.
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PENALTY FOR FAILURE TO PERFORM in the event of non-performance of the services covered by the Contract and/or the Purchase Order, the Supplier shall be required to pay the Buyer a sum by way of penalty equal to the amount specified in the Contract and/or the Purchase Order, or 100% of the Contract’s value if not otherwise specified. The payment of the aforementioned penalties shall be chargeable to the Supplier without the Buyer having to prove the existence of damages resulting from the delayed delivery and/or non-performance, pursuant to and for the purposes of Article 1382 of the Italian Civil Code.
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Related to PENALTY FOR FAILURE TO PERFORM

  • 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.

  • Lenders’ Failure to Perform All Advances (other than Swing Loans and Agent Advances) shall be made by the Lenders contemporaneously and in accordance with their Pro Rata Shares. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Advance (or other extension of credit) hereunder, nor shall any Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligations hereunder, and (ii) no failure by any Lender to perform its obligations hereunder shall excuse any other Lender from its obligations hereunder.

  • 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).

  • Liability for Failure to Make Transfers If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • OUR LIABILITY FOR FAILURE TO STOP PAYMENT If You order Us to place a stop payment on one of Your pre-authorized payments 3 business days or more before the transfer is scheduled, and We do not do so, We will be liable for losses or damages, to the extent provided by law. TRANSACTION SLIPS. Except for mail-in transactions and certain small-value transactions, You can get a receipt at the time You make any transaction to or from Your Account through the use of Your Card. When an electronic fund transfer has been made during any given month, You will receive a monthly statement to reflect all electronic fund transfers to or from Your Account during that statement period. In any case, You will receive a statement at least quarterly. FEES. We may assess reasonable charges against Your Account for transactions performed at electronic terminals. If so, We will specify any charges for these or other types of electronic transactions, including automatic transfers, on an accompanying pricing document. We will explain the charges to You when You open Your Account. You will be provided with a fee schedule, and other specified information after Your Account is established. Additional fee schedules are available at any of Our office locations. When You use an ATM not owned by Us, You may be charged a fee by the ATM operator, or any network used, and You may be charged a fee for a balance inquiry even if You do not complete a fund transfer.