Failure to Fulfill Sample Clauses

Failure to Fulfill. If a product is purchased by an OETC member from a valid price list and cannot be fulfilled for any reason by the Contractor or its designated Fulfillment Agents, an equivalent or better product will be substituted at no-additional cost to the OETC Member.
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Failure to Fulfill. If a product is purchased by an OETC member from a valid price list and the purchase order has been accepted by Extreme, if the order cannot be fulfilled for any reason by the Contractor or its designated Fulfillment Agents, an equivalent product will be substituted and shipped to the OETC Member.
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Failure to Fulfill. If any of the suspensive conditions are not fulfilled or duly waived by agreement between the Parties, within 14 days following the Signature Date, or such later date as the Parties may have agreed in writing, or the conditions attaching to any waiver or deferral are not met in accordance with its terms, this Agreement will not come into effect, all negotiations relating to this Agreement shall be terminated and no Party will have any claim against the other as a result of the suspensive conditions not having been fulfilled or duly waived save for any claim arising from a breach of Clause 3.2.2.
Sample 1
Failure to Fulfill. If a product is purchased by an OETC member from a valid price list and cannot be fulfilled for any reason by the Contractor or its designated Fulfillment Agents, Contractor will, at Contractor’s sole option, provide a refund or an equivalent or better product will be substituted at no additional cost to the OETC Member.
Sample 1
Failure to Fulfill. If Vendor cannot ship a Product in a manner that meets the requirements set forth herein, Vendor shall notify the Company on the day that such order was to be shipped. Vendor shall relate the reasons for any delay and the projected delivery date. Vendor agrees that if a Product is not shipped to the Customer within the timeframe set forth in the Drop Ship Agreement, without limiting the Company’s other rights and remedies as set forth herein, the Company reserves the right to charge back to Vendor any shipping charges credited to the Customer, and Vendor shall ship such Product to the Customer at Vendor’s expense via overnight mail with an approved carrier no later than the day after the date that such shipment should have been made in accordance with the Order Information.
Sample 1

Related to Failure to Fulfill

  • Failure to Close (A) If Seller(s) fails to convey the property as provided in this contract: Buyer(s) may exercise legal remedies including suit for specific performances or damages. Agent may xxx Xxxxxx(s) to recover loss of commission. Agent may pay Xxxxxxx Money into a court of competent jurisdiction, or retain Xxxxxxx Money until directed to distribute the same by a court of competent jurisdiction.

  • 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 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 Cure If DSHS learns of a pattern or practice of the Business Associate that constitutes a violation of the Business Associate’s obligations under the terms of this Contract and reasonable steps by DSHS do not end the violation, DSHS shall terminate this Contract, if feasible. In addition, If Business Associate learns of a pattern or practice of its Subcontractors that constitutes a violation of the Business Associate’s obligations under the terms of their contract and reasonable steps by the Business Associate do not end the violation, Business Associate shall terminate the Subcontract, if feasible.

  • Failure to Deliver Applicable

  • 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.

  • Failure to Remedy If the Funder has provided the HSP with an opportunity to remedy the breach, and: the HSP does not remedy the breach within the time period specified in the Notice; it becomes apparent to the Funder that the HSP cannot completely remedy the breach within the time specified in the Notice or such further period of time as the Funder considers reasonable; or the HSP is not proceeding to remedy the breach in a way that is satisfactory to the Funder, then the Funder may immediately terminate this Agreement by giving Notice of termination to the HSP.

  • Failure to Comply 8.2.1 If the Developer fails to observe or perform any condition of this Agreement after the Municipality has given the Developer thirty (30) days written notice of the failure or default, then in each such case:

  • 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 Provide Notice A failure to give timely Notice or to include any specified information in any Notice as provided in this Section 15.3 will not affect the rights or obligations of any Party hereunder except and only to the extent that, as a result of such failure, any Party which was entitled to receive such Notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise materially damaged as a direct result of such failure and, provided further, the Indemnitor is not obligated to indemnify the Indemnitee for the increased amount of any Indemnifiable Loss which would otherwise have been payable to the extent that the increase resulted from the failure to deliver timely a Notice of Claim.

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