Failure to Follow Procedures Clause Samples
The "Failure to Follow Procedures" clause defines the consequences or remedies if a party does not adhere to the agreed-upon processes outlined in the contract. Typically, this clause applies to procedural requirements such as notice periods, dispute resolution steps, or compliance with reporting obligations. For example, if a party fails to provide required written notice before terminating the agreement, this clause may limit their rights or impose penalties. Its core function is to ensure that both parties follow established procedures, thereby promoting order and predictability in the contractual relationship and reducing the risk of disputes arising from procedural oversights.
Failure to Follow Procedures. In the case of a claim for Disability benefits, if the Administrator fails to strictly adhere to all the requirements of this claims procedure with respect to a Disability claim, the Claimant is deemed to have exhausted the administrative remedies available under the Agreement, and shall be entitled to pursue any available remedies under ERISA Section 502(a) on the basis that the Administrator has failed to provide a reasonable claims procedure that would yield a decision on the merits of the claim, except where the violation was: (a) de minimis; (b) non-prejudicial; (c) attributable to good cause or matters beyond the Administrator’s control; (d) in the context of an ongoing good-faith exchange of information; and (e) not reflective of a pattern or practice of noncompliance. The Claimant may request a written explanation of the violation from the Administrator, and the Administrator must provide such explanation within ten (10) days, including a specific description of its basis, if any, for asserting that the violation should not cause the administrative remedies to be deemed exhausted. If a court rejects the Claimant’s request for immediate review on the basis that the Administrator met the standards for the exception, the claim shall be considered as re-filed on appeal upon the Administrator’s receipt of the decision of the court. Within a reasonable time after the receipt of the decision, the Administrator shall provide the claimant with notice of the resubmission.
Failure to Follow Procedures. The actual damages that E-Loan may sustain by reason of any deviation by PMI from review and approval procedures set forth in Paragraph 2 are uncertain and difficult to ascertain. Consequently, PMI shall be liable only for material deviations from such review and approval procedures. E-Loan and PMI agree that E-Loan's total damages resulting from such material deviation shall be limited to the Review Fee received by PMI with respect to the Mortgage Loan.
Failure to Follow Procedures. ERA reserves the right at its option to cease furnishing referrals to you if you violate any provision of this Section 12 or any provision of the Manuals relating to referral procedures, are otherwise in breach of this Agreement or are delinquent in the payment of any financial obligation to ERA then due and payable.
Failure to Follow Procedures. In the case of a claim for disability benefits, if the Plan Administrator fails to strictly adhere to all the requirements of this claims procedure with respect to a disability claim, the Claimant is deemed to have exhausted the administrative remedies available under the Agreement, and shall be entitled to pursue any available remedies under ERISA Section 502(a) on the basis that the Plan Administrator has failed to provide a reasonable claims procedure that would yield a decision on the merits of the claim, except where the violation was: (a) de minimis; (b) non-prejudicial; (c) attributable
Failure to Follow Procedures. Failure to prepare or agree upon a statement of the dispute and each party’s position;