Failure by the. Company to have a representative attend a meeting within two (2) days of the presentation of the grievance and/or failure by the Company to render a written decision within three (3) days following the meeting shall constitute a granting of the grievance in favour of Local 514 and such decision shall be final and binding. These time limits shall exclude Sundays and holidays and may be extended with the written authorization of Local 514.
Failure by the. Company to insist upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such terms, covenants or conditions. No waiver of any right under this Agreement shall be deemed effective unless contained in a writing signed by the party charged with such waiver, and no waiver of any right arising from any breach or failure to perform shall be deemed to be a waiver of any future such right or of any other right arising under this Agreement.
Failure by the. Employer to exercise any of its management rights at any time shall not be considered to be an abandonment of such rights.
Failure by the. Department to enforce this Settlement Agreement with regard to any deadline or any other provision herein shall not be construed as a waiver of the Department’s right to enforce other deadlines and provisions of this Settlement Agreement.
Failure by the. Transporter to complete the delivery of cargo If, with respect to any cargo scheduled for delivery under the DES ADP or DES Ninety Day Schedule, as applicable, the Transporter does not make available (and is not deemed to have made available in accordance with the DES SPA) all or part of the DES SCQ to the DES Buyer under the DES SPA (to the extent such shortfall is not otherwise excused pursuant to Section 5.7.1 of the DES SPA) (the “Transporter Shortfall Quantity”), and such failure is not (i) for any reasons attributable to Project Co (including Project Co Force Majeure) or (ii) due to Transporter Force Majeure, the Transporter shall:
Failure by the. Debtor to deliver a Dispute Notice to the Creditor within five (5) Business Days from the date of the Demand Notice shall confirm the right of the Creditor to the assignment, conveyance, and transfer otherwise of possession, title and all other proprietary right and interest in and to the Secured Property, and the Debtor shall have no further or additional right to dispute or otherwise contest the rights of the Creditor to the same.
Failure by the. Company to elect the Executive to the position of sole Chairman of the Board of Directors, in compliance with the terms of Section 3.1; or
