Failure to confirm Clause Samples
The 'Failure to confirm' clause defines the consequences or procedures that apply when a party does not provide a required confirmation, such as acknowledging receipt of goods, services, or important communications. In practice, this clause may specify timeframes within which confirmation must be given and outline what happens if the confirmation is not received, such as triggering default remedies, suspending obligations, or allowing the other party to take specific actions. Its core function is to ensure accountability and timely communication between parties, thereby reducing uncertainty and mitigating risks associated with unacknowledged actions or deliveries.
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Failure to confirm. In any and each case that the Program Manager fails to confer with the CBO when required by Subsection
1.8.1 herein, the Program Manager shall be deemed and construed to assume any and all associated risk and responsibility. If applicable, and upon request by the District, the Program Manager shall immediately remit to the District any and all amounts paid by the District to the Program Manager or anyone else in connection with such matters. However, nothing in this Section 1.8 shall be deemed or construed to: (i) preclude either the District or the Program Manager from proposing any change(s) to the PM Services to be set forth in an amendment to this Agreement; (ii) interfere with the Program Manager’s right, as an independent contractor, to perform the PM Services in the manner it chooses, subject to the applicable provisions of this Agreement; or (iii) limit any other remedies or recourse by the District as may be available pursuant to applicable law or contract.
Failure to confirm. Any failure by the Issuer or the relevant Dealer to confirm, if so requested, its agreement with or rejection of the Trade Confirmation sent to it by the other party before 5 p.m. (CET) on the Business Day preceding the proposed Issue Date for issues of Treasury Notes denominated in euro, and 5 p.m. (CET) on the second Business Day before the proposed Issue Date for issues of Treasury Notes denominated in any other currency, shall be deemed an acceptance of the terms of the proposed issue, subject to Clause 3.4 (Recordings and disagreements).