Failure to Meet Obligations. If (i) GROWER fails to meet the obligations set forth in Section 5 above; (ii) GROWER is in default on payment of Annual Royalties (iii) GROWER has willfully made a false statement or willfully omitted a material fact in any report required by this Agreement; (iv) GROWER commits a substantial breach of any other covenant or agreement contained in this Agreement; and (v) GROWER is adjudged bankrupt or has its assets placed in the hands of receiver or makes any assignment or other accommodation for the benefit of creditors, PVMI may modify or terminate this Agreement and/or may refuse to license future PVMI varieties to GROWER (“Blacklisting”). Prior to any modification or termination of this Agreement or Blacklisting under this Section 6, PVMI shall furnish GROWER a written notice of intention to modify, terminate and/or Blacklist, and GROWER shall be allowed thirty (30) days after the date of such notice to remedy any breach or default of any covenant or agreement of this Agreement to PVMI’s satisfaction.
Failure to Meet Obligations. The Company acknowledges that its failure to timely meet any of its obligations hereunder, including, but without limitations, its obligations to make Payments, deliver shares and, as necessary, to register and maintain sufficient number of Shares, will cause the Holder to suffer irreparable harm and, that the actual damage to the Holder will be difficult to ascertain. Accordingly, the parties agree that it is appropriate to include in this Debenture a provision for liquidated damages. The parties acknowledge and agree that the liquidated damages provision set forth in this section represents the parties' good faith effort to quantify such damages and, as such, agree that the form and amount of such liquidated damages are reasonable and do not constitute a penalty. The payment of liquidated damages shall not relieve the Company from its obligations to deliver the Common Stock pursuant to the terms of this Debenture.
Failure to Meet Obligations. If the vendor is unable to meet its agreement obligations as set out in this invitation, the local governmental entity at its option, may purchase material from any other available source on the open market, may cancel the agreement or applicable portions thereof, and/or may award the portions so cancelled to another supplier. In the event the State is required to purchase the materials from another source as a result of the contracted vendor not being able to meet their commitment, any additional expenses in excess of the agreement price will be deducted from any money due the contracted vendor.
Failure to Meet Obligations. If the Contractor is unable to meet its agreement obligations as set out in this invitation, the Indiana Department of Transportation and Other State Agencies, at the State’s option may purchase materials from any other available source on the open market, cancel the agreement or applicable portions thereof, and/or may award the portions so cancelled to another supplier. In the event the State is required to purchase the materials from another source as a result of the Contractor not being able to meet their commitment, any additional expenses in excess of the agreement price will be deducted from any money due the Contractor.
Failure to Meet Obligations. The Company acknowledges that its failure to timely meet any of its obligations hereunder, including, but without limitations, its obligations to make Payments, deliver shares and, as necessary, to register and maintain sufficient number of Shares, will cause the Holder to suffer irreparable harm and, that the actual damage to the Holder will be difficult to ascertain. Accordingly, the parties agree that it is appropriate to include in this Debenture a provision for
Failure to Meet Obligations. If the vendor is unable to meet its agreement obligations as set out in this invitation, the Indiana Department of Transportation, at its option may purchase materials from any other available source on the open market, cancel the agreement or applicable portions thereof, and/or may award the portions so cancelled to another supplier. In the event the State is required to purchase the materials from another source as a result of the contracted vendor not being able to meet their commitment, any additional expenses in excess of the agreement price will be deducted from any money due the contracted vendor. Exhibit C = Local Government Entities & Other State Agencies Specifications LOCAL GOVERNMENTAL ENTITIES & OTHER STATE AGENCIES SPECIFICATIONS & SPECIAL PROVISIONS FOR TREATED/UNTREATED SODIUM CHLORIDE These specifications and terms and conditions apply to other governmental bodies and other state agencies that are listed within this solicitation. These specifications will not apply to INDOT locations in this solicitation. Other governmental bodies is defined as follows: an agency, board, branch bureau, commission, council, department, institution, office or establishment of (a) the judicial branch, (b) the legislative branch, (c) a political subdivision, which includes towns, cities, school corporations and local governments, (d) a state educational institution. Scope of Services The material to be furnished shall consist of sodium chloride delivered at Contractor’s expense to various Buyer facilities. This rock salt shall be used as a deicer for road maintenance. Untreated sodium chloride shall be rock salt conforming to the requirements of the 2014 Indiana Department of Transportation Standard Specifications, Section 913.03, (or latest revision and any Supplemental Specifications), AASHTO M 143, and to the other requirements contained within these specifications. All material furnished shall contain a chemical to prevent caking, and shall be free of foreign matter, lumps, and free water. Treated sodium chloride shall be the same rock salt as stated above, 2014 Indiana Department of Transportation Standard Specifications, Section 913.03, (or latest revision and any Supplemental Specifications,) AASHTO M 143 treated with a combination of magnesium chloride and corrosion resistant products in accordance with the specifications contained herein. The Chemical to prevent caking is not needed for treated salt. Rejection - All sodium chloride delivered will be v...
Failure to Meet Obligations. In the event that the Company fails to fulfill its obligations under this Agreement, and does not cure such failure after City sends notice of an Event of Default (as hereafter defined) to the Company and expiration of the cure period described in Section 3.04 below, the City may, at its option, terminate this Agreement in accordance with Section 3.08 (b) below. Upon termination of this Agreement for the Company’s failure to cure an Event of Default, the City shall not be required to further pay, and the Company shall not be entitled to receive any further payments under this Agreement. The foregoing sentence shall not release the City from its obligation to make payment for any prior year(s) of this Agreement during which the Company did fulfill its obligations under the performance guidelines set forth in Sections 1.01 through 1.07, above.
Failure to Meet Obligations. A Professional failing to promptly meet his or her Professional status, responsibilities or Professional contractual obligations.
Failure to Meet Obligations. If a Party fails to perform any obligation under this Agreement, other than as explicitly set forth in this Article VI, and either (a) such failure continues for a period of thirty (30) days after written notice of such nonperformance or (b) the nonperforming Party commences an action to cure such failure to perform within thirty (30) days after notice from the non-breaching party, and thereafter proceeds with all due diligence to cure such failure, and such failure is not cured within sixty (60) days after the expiration of the initial thirty-day (30-day) period.
Failure to Meet Obligations. In the event of a breach of Paragraphs 10, 11, 12 or 13, above, Employee shall repay to BSC the entire amount paid under Paragraph 2(a), above, and shall be liable, moreover, for any damages which a court may determine and shall be subject to injunctive relief, damages, and any other relief which a court may award.
