Failure to Meet Clause Examples
The "Failure to Meet" clause defines the consequences and procedures that apply when a party does not fulfill a specified obligation or requirement under the agreement. Typically, this clause outlines what constitutes a failure, the steps the non-breaching party may take—such as providing notice, allowing a cure period, or seeking remedies—and the potential liabilities or penalties involved. Its core practical function is to establish a clear process for addressing non-performance, thereby protecting the interests of the parties and providing a framework for resolving issues if obligations are not met.
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Failure to Meet.ĚýCARRIER's Criteria. If AGENT's installation, warranty and maintenance facilities do not meet CARRIER's criteria, or if CARRIER has to invoice AGENT for more than one occurrence of faulty work, CARRIER may terminate this Agreement.
Failure to Meet.ĚýStandards An employee who is due to progress to the next higher wage step but fails to meet the standard of achievement or fails the WPT shall: Be notified of the inadequate performance in writing prior to the date the employee is scheduled to receive the next higher wage step. A copy of the written notification shall be furnished to the Union’s Business Representative. â€� Be allowed a maximum of 30 days, including one retest, to meet the established standards for Basic Electricity. If the XXXX is granted the opportunity by agreement of his or her supervisor and the manager of the school to challenge the test without first attending the class and fails the challenge, attendance in the next Basic Electricity class is mandatory. If the XXXX fails the test after the class, s/he has 30 days, including one more retest, to meet the basic standards. â€� Be allowed a maximum of 30 days, including one retest, to meet the established standards for the wage step that the employee is attempting to attain. Such 30-day period shall commence the day the original WPT failure occurs. â€� If during such 30-day period, the employee meets the established standards, the employee shall receive the next higher wage step effective the date such standards were met. During this 30-day period, the employee’s training will continue as scheduled. If an employee does not complete all required training modules in the time allowed for that wage step, that employee is not eligible to take the wage progression test in that wage step. Such employee shall be given 30 days to complete the required training modules and become eligible for the wage progression test. o.
Failure to Meet.ĚýSLA
(1) If, in a given calendar month Contour fails to meet any expressly stated service level commitment in this Section 4, Customer will give Contour written notice thereof no later than ten (10) business days after the end of such calendar month. Contour will investigate such failure promptly after its receipt of notice.
Failure to Meet.ĚýIf the Parties are unable to meet the mutual [***] targets set forth on Exhibit A as of the [***] of the release of qualified Products as approved by Transphorm, then upon GWC’s request, Transphorm shall repurchase the Initial Reactor at [***] of such Initial Reactor as of that date. For purpose of this Section 7.4, [***] shall be mutually agreed upon by the Parties based on [***]. Such repurchase shall be made in installments over the [***] subsequent to such [***]. After such buy-back is completed, Transphorm may elect to take back the Initial Reactor or, upon mutual agreement permit the Initial Reactor to remain in operation at the Facility. If the Parties mutually agree to maintain the Initial Reactor at the Facility after the buy-back, then notwithstanding anything to the contrary in this Agreement, the license granted in Section 3.1(iii) shall immediately terminate.
Failure to Meet.Ěý[Shift Obligations] Position Requirements. Should a resource nurse fail to meet the minimum work obligations as identified in Section 24.1 above in any fiscal year, the nurse will be deemed to have voluntarily resigned and will be removed from the Employer resource roster. The minimum obligations shall be prorated during the fiscal year for new hires or for regular nurses moving into a resource nurse position. * * * *
Failure to Meet.ĚýIf Company fails to meet its obligations in Sections [***] (including, but not limited to, the [***] and the [***]), [***] or [***], then, without limiting any of Harmonix’s rights or remedies under this Agreement, including its right to terminate pursuant to Section 8.2, (i) the exclusive obligations in this Section 2 shall automatically become non-exclusive, (ii) the provisions of Section 2.7.1 shall terminate, and (iii) all of the Launch Software Royalty Payments, to the extent unpaid, shall become immediately due and payable by the Company to Harmonix.
Failure to Meet.ĚýOutside Date for a Reason Other than Force ---------------------------------------------------------- Majeure or Tenant Delay. If Substantial Completion is not achieved by the ----------------------- Outside Date for a reason other than force majeure (with Tenant Delays already being taken into account to determine the Outside Date) then, in addition to the Tenant's right to terminate the Lease and receive a refund of all pre-paid Base Rent as set forth above, the Landlord shall refund to the Tenant all amounts paid by the Tenant to the Landlord for the Work pursuant to Section 16.6.2 above -------------- and the Landlord shall pay damages to the Tenant which shall be liquidated damages in an amount equal to two days' worth of Base Rent (with the Base Rent amount being the amount set in this Lease for the first Lease Year) for each day after the Substantial Completion Date up to and including the Outside Date that Substantial Completion is not achieved for a reason other than force majeure provided that Landlord had used reasonable efforts to achieve Substantial Completion and the Guarantors have performed their obligations to pay for the portion of the Work to be funded by the Landlord as set forth below. Notwithstanding the foregoing, this Section shall be null and void and of no force and effect if Tenant elected the self-help right set forth above.