Failure to Provide. If the Tenant fails to do all or anything which is required of it with regard to insurance, the City may do all that is necessary to effect and maintain such insurance, and any monies expended by the City shall be repayable by and recovered from the Tenant. The Tenant expressly authorizes the City to deduct from any monies owing the Tenant, any monies owing by the Tenant to the City.
Failure to Provide. At Sublessor's option, Subtenant's failure to deliver a statement within the time required by Section 24(a) above, will be conclusive upon Subtenant (i) that this Sublease is in full force and effect, without modification except as may be represented by Sublessor, (ii) that there are no uncured defaults in Sublessor's performance hereunder or in Landlord's performance under the Master Lease, and
Failure to Provide. In the event that Concessionaire Tenant shall at any time fail to furnish City the certificate or certificates required, City, upon written notice to Concessionaire Tenant of its intention to do so, shall have the right to secure the required insurance, at the cost and expense of Concessionaire Tenant, and Concessionaire Xxxxxx agrees to reimburse City promptly for the cost thereof and ten percent (10%) for cost of administration.
Failure to Provide. Bonds In the event the Subcontractor shall fail to promptly provide any required bonds, the Contractor may terminate the Work Order Exhibit “AA” and enter into a subcontract for the balance of the Subcontract Work with another subcontractor. All Contractor costs and expenses incurred by the Contractor as a result of said termination, beyond those Contractor would have incurred in the absence of the termination, shall be paid by the Subcontractor.
Failure to Provide. Tenant’s failure to deliver a statement within the 15 day time period prescribed above shall be conclusive upon Tenant (a) that this Lease is in full force and effect, without modification except as may be represented by Landlord, (b) that there are no uncured defaults in Landlord’s performance, and (c) that not more than one month’s rental has been paid in advance.
Failure to Provide a list of witnesses and copies of exhibits within the time specified will constitute a waiver of the right to call those witnesses or use exhibits at the hearing, unless the Chairperson agrees to allow their testimony or use of exhibits.
Failure to Provide a written response fully addressing all issues raised in the complaint in violation of California Code of Regulations, title 28, section 1300.68(g)(1). California Code of Regulations, title 28, section 1300.68(g)(1) and the Department RHPI requires the Plan to provide a written response that fully addresses all issues raised by an enrollee’s grievance. The Plan’s written response to the Department simply contained and reiterated the denial language from the Plan’s resolution letter dated April 16, 2013, set forth above that failed to explain any criteria used by the Plan. The Plan’s response also failed to address the Enrollee’s waiting period for surgery. The Plan is therefore in violation of the above regulation. The Plan has acknowledged its failure to comply with the Xxxx-Xxxxx Act and Title 28 of the California Code of Regulations in this enforcement matter. The Department determined that a Corrective Action Plan (CAP) and an administrative penalty of $7,500.00 are warranted. The Department has accepted the CAP proposed by the Plan, which required the Plan to discuss the deficiencies identified in this matter with the responsible employee and his or her supervisor. The Department agrees that performance of the CAP to the Department’s satisfaction and payment of the penalty will settle all issues, accusations, and claims pertaining to this enforcement matter. This Letter of Agreement may not be used as an admission by the Plan in any other civil or criminal proceedings; however, it may be used by the Department in future administrative proceedings. Sincerely, Dated: December 22, 2014 /Original Signed/ Xxxxx X. Xxxxxxx Deputy Director | Chief Counsel Office of Enforcement LMK:lmk /// Accepted by Health Net of California, Inc. Dated: December 8, 2014 /Original Signed/ Xxxxxxx Xxxxx
Failure to Provide. In case of CONTRACTOR's failure to provide insurance as required by the Agreement, the DISTRICT may, at DISTRICT’s option, take out and maintain at the expense of the CONTRACTOR, such insurance in the name of CONTRACTOR, or subcontractor, as the DISTRICT may deem proper and may deduct the cost of taking out and maintaining such insurance from any sums which are due or to become due to the CONTRACTOR under this Agreement.
Failure to Provide. Landlord's failure to furnish, or any interruption or termination of, services due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord to provide water, gas, electricity, and other utilities furnished to or consumed in the Building (a “Service Failure”) shall not render Landlord liable to Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. However, if the Premises, or a material portion of the Premises, is rendered untenantable for a period in excess of five (5) consecutive Business Days as a result of a Service Failure caused by Landlord, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (6th) consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable by the Service Failure, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenantable and not used by Tenant. In no event, however, shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant's Property (defined in Article XV), arising out of or in connection with the failure of any security services, personnel or equipment. If the entire Premises have been rendered untenantable by a Service Failure that continues for more than thirty (30) days, and the Service Failure has been caused by the Landlord, the Tenant shall have the immediate right to terminate this Lease.