Failure to Perform definition

Failure to Perform. As defined Article 16.

Failure to Perform means the failure of a Party to complete a material act with respect to its delivery, payment or other obligation after the expiration of the period allowed for the late performance of such act;

Failure to Perform means a circumstance wherein the Owner or Contributor shall fail to perform a material obligation which is required to be performed by Contributor or Owner pursuant to this Agreement. If a Failure to Perform is in connection with, or causes, a financial obligation of the Project or Owner to result with respect to matters arising or occurring prior to the Contribution Date, the Failure to Perform shall be considered an Undisclosed Liability Representation for purposes of this Agreement.

Examples of Failure to Perform in a sentence

• If for any reason outside the control of the City the Bond Amount is not remitted or otherwise made available to the City within 30 days of any Failure to Perform by the Applicant, then the City's costs of obtaining the Bond Amount, including the City Attorney's Office costs or outside attorney's fees and court costs, shall be added to the amount due to the City from the Applicant and shall be added to the Bond Amount sums remitted to the City.

• Should the Applicant Fail to Perform any of its obligations under this Agreement in any degree, the Applicant agrees to compensate the City for all its costs, including Incidental Costs, related to the Applicant's Failure to Perform its obligations to the extent that such costs are not adequately covered by the Bond Amount, as set forth below.

More Definitions of Failure to Perform

Failure to Perform means in respect of a Buyer Clearing Member or Seller Clearing Member, its failure or that of its Customer to perform its obligations for the purposes of making or taking delivery of Oil in accordance with the terms of the Contract other than as a result of a Force Majeure Event, and Failed to Perform shall be construed accordingly.

Failure to Perform means the failure of a buyer or seller to complete a material act with respect to a delivery obligation prior to the expiration of the period allowed for the late performance of such act.

Failure to Perform means that either:

Failure to Perform. As defined in Section 10.

Failure to Perform. As defined in Section 16.1.

Failure to Perform means the failure of the short position holder to make, or the long position holder to receive, delivery of crude oil in accordance with the requirements set forth in these rules.

Failure to Perform with respect to a KPI means a failure to achieve the applicable threshold (minimum) level of performance with respect to such KPI, as set forth in an Annual Statement of Work, for an Annual Measurement Period.