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FAILURE TO DEMAND Sample Clauses

The 'Failure to Demand' clause establishes that if a party does not immediately enforce a right or demand performance under the contract, this inaction does not constitute a waiver of that right. For example, if one party overlooks a missed payment or deadline but does not immediately pursue remedies, they still retain the ability to enforce the contract terms later. This clause ensures that parties are not penalized for choosing not to act on a breach right away, thereby preserving their contractual rights and preventing unintentional waivers.
FAILURE TO DEMANDÌýany failure by the Beneficiary to present, demand or give notice in respect of any negotiable instrument;
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FAILURE TO DEMAND.ÌýIf the Seller fails to take all steps necessary to demand moneys in writing under the Letter of Credit within the aforementioned thirty (30) days and to the extent that moneys are available to the Seller under the Letter of Credit, the provisions of Clauses 11.4 and 16.2(c) shall not apply following the thirtieth (30th) day after an invoice becomes due.
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Related to FAILURE TO DEMAND

  • Failure to Deliver Applicable

  • 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 REMEDY If Contractor does not remedy a defect or nonconformity within ten (10) calendar days after receipt of written notice from Purchaser, or if an emergency exists rendering it impossible or impractical for Purchaser to have Contractor provide a remedy, Purchaser may, without prejudice to any other rights or remedies available to it, make or cause to be made required modifications, adjustments, or repairs, or may replace Services, or IT Services, in which case Contractor shall reimburse Purchaser for its actual costs or, at Purchaser’s option, Purchaser will offset the costs incurred from amounts owing to Contractor.

  • 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.

  • Failure to Report No compensation shall be granted for the total period of standby if the employee is unable to report for duty when required.