Failure to Process. If for any reason other than REG Marketing’s failure to deliver Feedstocks, methanol, and catalyst as required under this Agreement (and other than a matter covered by the force majeure provisions of this Agreement) Blackhawk Biofuels fails to process the Feedstocks in to the certified Biodiesel within the time frame contemplated by this Agreement, Blackhawk Biofuels will pay to REG Marketing the amount determined by first dividing the number of pounds of Feedstocks delivered to Blackhawk Biofuels by the Maximum Feedstock Usage per gallon yield under Section 7 and converting to gallons to determine the gallons of Biodiesel which should have been processed (“Required Gallons”); second, subtracting the actual gallons of Biodiesel received by REG Marketing from the Required Gallons to determine the number of gallons which Blackhawk Biofuels failed to process (“Biodiesel Shortage”); and third, multiply the Biodiesel Shortage by REG Marketing’s average market price per gallon of Biodiesel delivered by Blackhawk Biofuels to REG Marketing up to such time of computation (or if none delivered another reasonable method of determining the market value of Biodiesel FOB Danville as may be agreed by the Parties, or otherwise determined if the Parties can not so agree).
Failure to Process. The purpose of the grievance procedure is to ensure that any grievance is processed in an expeditious manner; therefore, compliance of the provisions and time limits is mandatory. If the District fails to comply with the provisions or time limits, the grievance may be processed to the next Step. If the party advancing the grievance fails to comply with the provisions or time limits, the grievance shall be considered abandoned.
Failure to Process. In the event a grieving party or person fails to process a grievance within a time limit set out in the procedure, such grievance is terminated unless extended by agreement in writing.
Failure to Process. In the event a grieving party or person fails to process a grievance within a time limit set out in this Grievance Procedure or extended in accordance with Article 20.8, such grievance shall be deemed to have been withdrawn.
Failure to Process. Timely If an employee, a grievant or the Union fails to seek informal dispute resolution, process a grievance, or pursue arbitration within the requisite time limits, the dispute or grievance shall be deemed resolved on the basis of the last response given by Employer.
Failure to Process. In the event that either party fails to process the grievance within the time limits established in this Article, that party shall be deemed to have conceded the grievance in favour of the other party.
Failure to Process. If for any reason other than REG Marketing’s failure to deliver Feedstocks as required under this Agreement (and other than a matter covered by the force majeure provisions of this Agreement) CIE fails to process the Feedstocks in to the certified Biodiesel within the time frame contemplated by this Agreement, CIE will pay to REG Marketing the amount determined by first multiplying the number of pounds of Feedstocks delivered to CIE times the applicable percentage yield under Section 6 and converting to gallons to determine the gallons of Biodiesel which should have been processed (“Required Gallons”); second, subtracting the actual gallons of Biodiesel received by REG Marketing from the Required Gallons to determine the number of gallons which CIE failed to process (“Biodiesel Shortage”); and third, multiply the Biodiesel Shortage by REG Marketing’s average market price per gallon of Biodiesel delivered by CIE to REG Marketing up to such time of computation (or if none delivered another reasonable method of determining the market value of Biodiesel FOB Xxxxxx as may be agreed by the Parties, or otherwise determined if the Parties can not so agree).
