Fail-Safe Sample Clauses

A Fail-Safe clause is designed to ensure that certain essential protections or obligations remain in effect even if other parts of the agreement fail or become unenforceable. Typically, this clause applies to critical terms such as confidentiality, indemnification, or liability limitations, ensuring they survive contract termination or invalidity of other provisions. Its core practical function is to provide a safety net, maintaining key protections and minimizing risk even in the event of unforeseen legal or contractual failures.
POPULAR SAMPLE Copied 5 times
Fail-Safe. 9.1) If the Communications Provider fails to meet either or both of the Thresholds in any Contract Quarter and the Communications Provider believes this is because it placed new orders for Eligible Services then it may, subject to the Verification Process, apply for a recalculation of its performance against the Thresholds for that Contract Quarter using the Fail-safe Mechanism. 9.2) Openreach shall provide details of the Independent Verifier to the Communications Provider on request. 9.3) If the Communications provider wishes to invoke its right under this Fail-safe Mechanism for a recalculation of its performance against the Thresholds for a Contract Quarter then it must notify Openreach in accordance with the Verification Process. 9.4) Until such time as the Verification Process is complete for a particular Contract Quarter, no change to the calculation of the Thresholds will occur. 9.5) If the Communications Provider applies for a recalculation of its performance against the Thresholds in relation to a Contract Quarter using the Fail-safe Mechanism then Openreach shall first pay any Discounts relating to Connection Charges and Rental Charges for the relevant Contract Quarter that are payable to the Communications Provider based on calculations made by Openreach under the Original Contract (as amended by this Supplemental Agreement), such payment to be made in accordance with the terms of the Original Contract. If Openreach is subsequently advised by the Independent Verifier that a recalculation of the Communication Provider’s performance against the Thresholds in the relevant Contract Quarter in accordance with the Verification Process shows that the Communication Provider performed better in the relevant Contract Quarter than under the calculation made by Openreach then Openreach shall pay the Communication Provider such amount as is equal to the difference between the aggregate amount of the Discount already paid by Openreach to the Communication Provider for the relevant Contract Quarter and the aggregate amount of the Discounts applicable to the results of the recalculation performed by the Independent Verifier. A worked example of the foregoing provision is set out in Appendix 3. 9.6) Upon conclusion of the Verification Process Openreach shall within 10 Working Days of receipt of the relevant recalculation from the Independent Verifier notify the Communications Provider of the Fail-safe Fibre Only Performance (if any) for that Contract Quarter and...
View SourceView Similar (3)
Fail-Safe. With respect to persons subject to Section 16 of the Exchange Act, transactions under this Plan are intended to comply with all applicable conditions of Rule 16b-3 or Rule 16a-1(c)(3), as applicable To the extent any provision of the Plan or action by the Committee fails to so comply, it shall be deemed null and void, to the extent permitted by law and deemed advisable by the Committee Moreover, in the event the Plan does not include a provision required by Rule 16b-3 or Rule 16a-1(c)(3) to be stated herein, such provision (other than one relating to eligibility requirements or the price and amount of Awards) shall be deemed to be incorporated by reference into the Plan with respect to Participants subject to Section 16.
View SourceView Similar (2)
Fail-Safe. The failure of any component of the fuzing system which is not directly involved with de-arming, sterilisation, self-function or self-disrupt shall not compromise these capabilities.
View Source
Fail-Safe. If b.1., 2., 3., 5. and/or b.7., 8. or 9. is selected, the Code §410(b) ratio percentage fail-safe provisions will NOT apply (Plan Section 4.3(m)) unless selected below (leave blank if not applicable or fail-safe will not be used and the employer will utilize the corrective amendment procedure of 1.401(a)(4)-11(g) when necessary):
View Source
Fail-Safe. A design feature of a fuzing system which renders the munition incapable of arming and functioning upon malfunction of safety feature(s) or exposure to out of sequence arming stimuli or operation of components.
View Source
Fail-Safe. Provide and install equipment such that failure of an individual component does not cause failure of the subsystem or system.
View Source
Fail-Safe. A fail-safe design shall be provided in those areas where failure can cause catastrophe through damage to equipment, injury to personnel, or inadvertent operation of critical equipment.
View Source
Fail-Safe. If the Participant is subject to Section 16 of the Act, transactions under this Grant will comply with all applicable conditions of Rule 16b-3 or Rule 16a-l(c)(3), as applicable. To the extent any provision of the Grant or action by the Committee fails to so comply, it shall be deemed null and void, to the extent permitted by law and deemed advisable by the Committee. Moreover, in the event this Grant does not include a provision required by Rule 16b-3 or Rule 16a-­1 (c)(3) to be stated herein, such provision (other than one relating to eligibility requirements or the price and amount of Awards) shall be deemed to be incorporated by reference into this Grant with respect to the Participant.
View Source

Related to Fail-Safe

  • ARTICLE HEALTH AND SAFETY The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the Home, in order to prevent injury and illness and abide by the Occupational Health and Safety Act as amended from time to time. The Employer shall prepare a comprehensive policy on resident handling and safe work practices within six (6) months of the date of Such policies will be reviewed by the Joint Health and Safety Committee. A joint management and employee health and safety committee shall be constituted with representation of at least half by employees from the various bargaining units and of employees who are not represented by the Unions and who do not exercise managerial functions, which shall identify potential dangers, recommend means of improving the health and safety programs and obtaining information from the Employer or other persons respecting the identification of hazards and standards elsewhere. The committee shall normally meet at least once a month. Scheduled time spent in such meetings is to be considered time worked for which shall be paid by the Employer at his or her regular or overtime rate. Minutes shall be taken of all meetings and copies shall be sent to the Committee members. Minutes of the meetings shall be posted on the workplace health safety bulletin board. The Employer shall provide the time from work with pay and all related tuition costs and expenses necessary to certify the worker representative. Where an inspector makes an inspection of a workplace under the powers conferred upon him or her under the Occupational Health and Safety Act, the employer shall afford a certified committee member representing workers the opportunity to accompany the inspector during his or her physical inspection of a workplace, or any part or parts thereof. Where a worker certified member is not on-site and available, the Employer shall afford a worker health and safety representative if any, or a worker selected by a Union, because of knowledge, experience and training, to represent it, the opportunity to accompany the inspector during his or her physical inspection of a workplace, or any part or parts thereof. Two (2) representatives of the Joint Health and Safety Committee, one (1) from management and one from the employees, shall make monthly inspections of the work place and shall report to the health and safety committee the results of their inspection. The members of the Committee who represent the workers shall designate a certified member or person who is properly trained to inspect the workplace. The employer shall provide the member with such information and assistance as the member may require for the purpose of carrying out an inspection of the workplace. In the event of accident or injury, such representatives shall be notified immediately and shall investigate and report as soon as possible to the committee and to the Employer on the nature and causes of the accident or injury. Furthermore, such representatives must be notified of the inspection of a government inspector and shall have the right to accompany him on his inspections. Scheduled time spent in all such activities shall be considered as time worked. The Joint Health and Safety Committee and the representatives thereof shall have access to Report Form required in and of the Act and the annual summary of data from the relating to the number of work accident fatalities, the number of lost workday cases, the number of lost workdays, the number of non-fatal cases that required medical aid without lost workdays, the incidence of occupation injuries, and such other data as the may decide to disclose. It is understood and agreed that no information will be provided to the Committee which is confidential. This information shall be a standing item recorded in the minutes of each meeting. The Union will use its best efforts to obtain the full co-operation of its membership in the compliance of all safety rules and practices. The Employer will use its best efforts to make all affected direct care employees aware of residents who have serious infectious diseases. The nature of the disease need not be disclosed. Employees will be made aware of special procedures required of them to deal with these circumstances. The parties agree that all employees are aware of the requirement to practice universal precautions in all circumstances. For purposes of sub-article (a) only, employees as referred to herein shall mean all employees of the Employer. The Employer agrees to develop formalized policies and procedures in consultation with the Joint Health and Safety Committee to deal with workplace violence. The policy will address the prevention of violence and the management of violent situations and support to employees who have faced workplace violence. These policies and procedures shall be mu to all employees. The Employer will report all incidents of violence as defined herein to the Joint Health and Safety Committee for review. The Employer agrees to provide training and information on the prevention of violence to all employees who come into contact with potentially aggressive persons. This training will be done during a new employee’s orientation and updated as required. Subject to appropriate legislation, and with the employee’s consent, the Employer will inform the Union within three (3) days of any employee who has been subjected to violence while performing work. Such information shall be submitted in writing to the Union as soon as practicable. The Employer shall: inform employees of any situation relating to their work which may endanger their health and safety, as soon as it learns of the said situation; inform employees regarding the risks relating to their work and provide training and supervision so that employees have the skills and knowledge necessary to safely perform the work assigned to them; Ensure that the applicable measures and procedures prescribed in the Occupational Health and Safety Act are carried out in the workplace. A worker shall: work in compliance with the provisions of the Occupational Health and Safety Act and the regulations; use or wear the equipment, protective devices or clothing that the worker’s employer requires to be used or worn; report to his or her employer or supervisor the absence of or defect in any equipment or protective device of which the worker is aware and which may endanger himself, herself or another worker; and report to his or her employer or supervisor any contravention of the Occupational Health and Safety Act or the regulations or the existence of any hazard of which he or she knows.

  • Fire Safety Resident will not tamper with fire alarms, smoke detectors, fire extinguishers, fire hoses, or exit signs. Resident will promptly evacuate Residence Facility upon the sounding of an alarm or as otherwise directed by College Housing staff. Resident will participate in any periodic fire drill and fire safety training conducted by College for the Residence Facility.

  • Health and Safety Standards Contractor shall abide by all health and safety standards set forth by the State of California and/or the County of ▇▇▇▇▇▇ pursuant to the Injury and Illness Prevention Program. If applicable, Contractor must receive all health and safety information and training from County.

  • Environment, Health, and Safety 23.4.1. The Supplier and its staff (and/or any sub-supplier and/or subcontractor) shall comply with the laws and regulations in force related to protection of the environment, the health and safety instructions applicable to the Goods and Services performed pursuant to the Contract and especially, if appropriate, to the Goodsand Services performedon any Site by a third company. 23.4.2. The Supplier and its staff (and/or any sub-supplier and/or subcontractor) shall also comply with the internal rules at the Purchaser and/or Customer’s site(s) where it may have to work for the purpose of performance of the Contract including EHS rules and requirements, as applicable. In case of conflict between different EHS requirements, the most stringent standard shall apply. 23.4.3. In the eventof presence or activity of the Supplier (and/or any sub-supplier and/or subcontractor) on any Purchaser and/or Customer Site, the Supplier, and any sub-supplier and/or subcontractor, as the case may be, the Supplier shall ensure appropriate personnel training and qualification and submit any proof relating to such qualification upon Purchaser’s request. Additionally, the Supplier shall consider any hazards associated with Site conditions, installations and/or machinery nearby. More generally, Supplier shall, at all times, comply with the Purchaser and/or Customer internal rules, including EHS rules and requirements, as applicable. In case of conflict between different EHS requirements, the most stringent standard shall apply. 23.4.4. If the Supplier’s staff (and/or any sub-supplier and/or subcontractor) fail to comply with any of the laws, regulation and or internal rules mentioned under this Article 23.4, the Purchaser is entitled to apply to the Supplier, penalties which in no case shall be considered asliquidateddamagesandwithoutanypriorofficialnotification, correspondingtothirtynine thousand Renminbi (39 000 CNY) per event, without prejudice (i) to the possibility for the Purchaser to ask for the replacement of its staff member or the staff member of its sub- supplier and/or subcontractor, responsible of the breach, and/or (ii) to the possibility for the Purchaser to terminate the Contract for Supplier’s default or to ask for the Supplier to terminate its sub-suppliers and/or subcontractors contracts, and/or (iii) for the Supplier to indemnify and hold harmless the Purchaser, its affiliates, officers, employees and agents 23.4.5. In application of applicable employment laws, the Purchaser must take all appropriate measures to ensure the safety and security as well as the physical and mental health of all employees present on its premises. 23.4.6. The Supplier shall be fully responsible and commits to take all necessary measures ensuring the safety and security as well as the physical and mental health of all its employees who could have to travel in whatever country for the proper execution by the supplier of its obligations as set out under the Contract.

  • Health and Safety Plan Consultant shall prepare and submit a Health and Safety Plan (“HASP”) for the portion of Consultant’s work that will involve field work, assessments, or investigations of certain Project elements. The HASP shall describe how Consultant plans to complete field work, assessments, and/or investigations at the RWF. Consultant’s HASP must comply with the CIP HASP and shall be updated as new conditions are encountered.