Failure to Disclose. The court may exclude any expert evidence for which the defendant has failed to comply with the disclosure re- quirement of Rule 12.2(c)(3).
Failure to Disclose. Vendor agrees that all fees paid to the Jaycees are non-refundable, and that any failure on the Vendor’s part to disclose completely and truthfully the information requested in this agreement shall be a breach of this agreement.
Failure to Disclose. This Agreement may be terminated at any time prior to or on the Closing Date by Buyer upon written notice to Seller, if Buyer learns of any fact or condition that would reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect on Seller or Buyer, which fact or condition was required to be disclosed by Seller pursuant to the provisions of this Agreement and was not disclosed in this Agreement, the Disclosure Memorandum or the Seller Financial Statements.
Failure to Disclose. If an Employee fails to disclose or makes false or misleading disclosure with regard to any pre-existing injuries or diseases from which they suffer or have suffered that could be affected by the nature of their employment with the Employer then, pursuant to the applicable worker’s compensation legislation, the Employee may not be entitled to claim Compensation.
Failure to Disclose. If any of the information provided by you is not complete and accurate: • your insurer may cancel your policy and treat it as if it never existed, or • your insurer may refuse to pay any claim, or • your insurer may not pay any claim in full, or • your insurer may revise the premium and/or change the compulsory excess, or • the extent of the cover may be affected.
Failure to Disclose. The breach by either Party of its obligation to give notice to the other Party under Section 8.5 shall not constitute a failure of the conditions to Closing under Sections 10.1 or 10.2. From and after Closing, Seller shall not have any obligation or liability under this Agreement or otherwise in connection with the transaction contemplated by this Agreement for any breach of a representation or warranty by Seller prior to Closing by reason of any fact or facts of which Buyer had knowledge prior to Closing. From and after Closing, Buyer shall not have any obligation or liability under this Agreement or otherwise in connection with the transaction contemplated by this Agreement for any breach of a representation or warranty by Buyer prior to Closing by reason of any fact or facts of which Seller had knowledge prior to Closing.
Failure to Disclose. The breach by Seller of its obligation ------------------- to give notice to Buyer under Section 4.1(cc) and the breach by Buyer of its obligation to give notice to Seller under Section 4.2(j) shall not constitute a failure of the conditions to Closing under Sections 9.1 and 9.2.
Failure to Disclose. This Agreement may be terminated at any time prior to or on the Closing Date by BNC upon written notice to HPBC, if BNC learns of any fact or condition that would reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect on HPBC or the Surviving Corporation, which fact or condition was required to be disclosed by HPBC pursuant to the provisions of this Agreement and was not disclosed in this Agreement, the Disclosure Memorandum, or the HPBC Financial Statements.
Failure to Disclose. If a Member does not disclose any Necessary Patent Claim(s) owned or controlled by such Member or an Affiliate of such Member in response to a Call for Patents as required under Section II.A.1 (or before a Call for Patents as provided in Section III.C.2), such 14 of 23 failure shall have the consequences set forth in Section III.C.3 (subject, however, to the conditions set forth in Section III.C.3, including without limitation the exception set forth therein for Pre-emptive Exclusion Certificates). If a Member does not disclose any Necessary Patent Claim(s) owned or controlled by such Member or an Affiliate of such Member in connection with a Contribution by such Member as required under Section II.A.2, the Member shall be deemed to have agreed, for itself and for its Affiliates, to xxxxx XXXX Licenses under the applicable Necessary Patent Claim(s) with respect to the applicable Specification to Si2 and to each Valid Licensee of such Specification.
Failure to Disclose. This Agreement may be terminated at any time on or prior to the Closing Date by Ameris upon written notice to Atlantic, if Ameris learns of any fact or condition that would reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect on Atlantic or Ameris, which fact or condition was required to be disclosed by Atlantic pursuant to the provisions of this Agreement and was not disclosed in this Agreement, the Disclosure Schedule or the Atlantic Financial Statements.
