Failure to Provide Timely Notice Sample Clauses

Failure to Provide Timely Notice. Sponsor’s failure to provide timely notice under Section VI.B above shall be deemed to be its election not to support the filing of patent applications and not to negotiate an exclusive or nonexclusive license to commercialize the UMD Research Results, in which case Sponsor’s right to use and practice the UMD Research Results shall be limited to the rights granted under Section VI.A above.
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Failure to Provide Timely Notice. Notwithstanding the notice requirements provided in Sections 7.1 and 7.2, the right to indemnification under this Agreement shall not be affected by any failure to give or any delay in giving such notice unless, and then only to the extent that, the rights and remedies of the party to whom such notice was to have been given shall have been prejudiced.
Failure to Provide Timely Notice. If the Planning Director does not deliver such written notice specifying that the Sector Plan does not conform to the Master Framework Plan, requires additional development standards for a Specialized Area beyond the Approved Development Standards for Specialized Areas, incorporates Alternative Development Standards, contains any Listed Minimum Development Standards that the Planning Director believes are unmet, or is inconsistent with any terms of this Agreement within the thirty (30) day period described in Section 4.1.2(A)(1) and Section 4.1.2(B)(2) above, then the Applicant must notify the Planning Director in writing of its failure to do so and the Planning Director shall have an additional fifteen (15) days in order to respond in the manner described above. If the Planning Director does not respond within the additional 15-day period, then it shall be deemed that the Planning Director has determined that the Sector Plan conforms to the Master Framework Plan, does not require additional development standards for a Specialized Area beyond the Approved Development Standards for Specialized Areas, does not incorporate Alternative Development Standards, does not contain any Listed Minimum Development Standards that the Planning Director believes are unmet, and is consistent with the terms of this Agreement; provided, however, nothing herein shall be deemed to modify in any way the right of the City Council to make the City Council Sector Plan Determinations.
Failure to Provide Timely Notice. If the Planning Director does not deliver the written notice required by Sections 4.1.4(A)(1) and 4.1.4(B)(B)(2) above within the 30-day period, then the Applicant must notify the Planning Director in writing of its failure to do so and the Planning Director shall have an additional fifteen (15) days in order to respond in the manner described above. If the Planning Director does not respond within the additional 15-day period, then it shall be deemed that the Planning Director determined that the Final Plat conforms to the Master Framework Plan, conforms to an Approved Sector Plan, and is consistent with the terms of this Agreement; provided, however, nothing herein shall be deemed to modify in any way the right of the Planning Commission to make the Planning Commission Final Plat Determinations.
Failure to Provide Timely Notice. If the Planning Director does not deliver the written notice required by Sections 4.1.5(A)(A)(1) and 4.1.5(B)(2) above, within the 30-day period, then the Applicant must notify the Planning Director in writing of its failure to do so and the Planning Director shall have an additional fifteen (15) days in order to respond in the manner described above. If the Planning Director does not respond within the additional 15-day period, then it shall be deemed that the Planning Director determined that the Site Plan and Building Permit conform to an Approved Sector Plan, conform to an Approved Final Plat, and is consistent with the terms of this Agreement.
Failure to Provide Timely Notice. If the Board fails to provide timely notice as required in this Agreement, Executive shall be entitled to receive Severance Benefits. If Executive fails to provide timely notice as required in this Agreement, Executive shall not receive any Severance Benefits.
Failure to Provide Timely Notice. Sponsor’s failure to provide timely notice under section VI.B shall be deemed to be its election not to support the filing of patent applications and not to negotiate an exclusive or nonexclusive license to commercialize the Research Results, in which case Sponsor’s right to use and practice the Research Results shall be limited to the rights granted under Section VI.A.
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Failure to Provide Timely Notice. No indemnification -------------------------------- provided for in Section 3 of this Agreement shall be available to the Indemnitee if Indemnitee fails to give an appropriate and timely notice and, as a direct result thereof, American Pacific was unaware of the Proceeding to which such notice would have related and was prejudiced by Indemnitee's failure to give timely notice.

Related to Failure to Provide Timely Notice

  • Failure to Timely Deliver; Buy-In If the Company fails to (i) issue and deliver (or cause to be delivered) to a Buyer by the Required Delivery Date a certificate representing the Securities so delivered to the Company by such Buyer that is free from all restrictive and other legends or (ii) credit the balance account of such Buyer’s or such Buyer’s nominee with DTC for such number of Conversion Shares or Warrant Shares so delivered to the Company, then, in addition to all other remedies available to such Buyer, the Company shall pay in cash to such Buyer on each day after the Required Delivery Date that the issuance or credit of such shares is not timely effected an amount equal to 1% of the original principal amount of such Buyer’s Note. In addition to the foregoing, if the Company fails to so properly deliver such unlegended certificates or so properly credit the balance account of such Buyer’s or such Buyer’s nominee with DTC by the Required Delivery Date, and if on or after the Required Delivery Date such Buyer purchases (in an open market transaction or otherwise) shares of Common Stock to deliver in satisfaction of a sale by such Buyer of shares of Common Stock that such Buyer anticipated receiving from the Company without any restrictive legend, then, in addition to all other remedies available to such Buyer, the Company shall, within three (3) Trading Days after such Buyer’s request and in such Buyer’s sole discretion, either (i) pay cash to such Buyer in an amount equal to such Buyer’s total purchase price (including brokerage commissions, if any) for the shares of Common Stock so purchased (the “Buy-In Price”), at which point the Company’s obligation to deliver such certificate or credit such Buyer’s balance account shall terminate and such shares shall be cancelled, or (ii) promptly honor its obligation to deliver to such Buyer a certificate or certificates or credit such Buyer’s DTC account representing such number of shares of Common Stock that would have been issued if the Company timely complied with its obligations hereunder and pay cash to such Buyer in an amount equal to the excess (if any) of the Buy-In Price over the product of (A) such number of shares of Conversion Shares or Warrant Shares (as the case may be) that the Company was required to deliver to such Buyer by the Required Delivery Date times (B) the Closing Sale Price (as defined in the Warrants) of the Common Stock on the Trading Day immediately preceding the Required Delivery Date.

  • Timely Notice Failure to timely provide such notice required by subsection (g) above shall entitle Warrantholder to retain the benefit of the applicable notice period notwithstanding anything to the contrary contained in any insufficient notice received by Warrantholder. The notice period shall begin on the date Warrantholder actually receives a written notice containing all the information specified above.

  • Failure to Meet Timelines Failure by the Union to comply with the timelines will result in the automatic withdrawal of the grievance. Failure by the Employer to comply with the timelines will entitle the Union to move the grievance to the next step of the procedure.

  • Failure to Respond If you fail to respond by the date given above, your application will be refused under Section 3A(4)(a) of the Registered Designs Act 1949.

  • Privacy Notice The personal data you provide to MICHELIN pursuant to this Promotion, including without limitation your name, IC number and address, will be processed and are required to administer your participation in the Promotion. Entries submitted without the personal data required will be discarded. MICHELIN may also use your personal data to communicate with you about its products and services, update you on new services and benefits, provide personalised promotional offers and allow you to participate in contests and surveys. In this regard, your personal data may be disclosed and transferred to our service providers, suppliers and/or affiliates which may or may not be located outside Malaysia. If you have any complaints, comments or questions on this Privacy Notice, or wish to access or correct your personal data, or limit our processing of the same, please contact MICHELIN at xxx.xxxxxxxx.xxx.xx.

  • Termination Warning Notice 5.B The Secretary of State may serve a Termination Warning Notice where he considers that:

  • Failure to Notify If Contractor fails to specify in writing any problem or circumstance that materially affects the costs of its delivery of services or products, including a material breach by the Department, about which Contractor knew or reasonably should have known with respect to the period during the term covered by Contractor's status report, Contractor shall not be entitled to rely upon such problem or circumstance as a purported justification for an increase in the price for the agreed upon scope.

  • Notice/Cooperation by Indemnitee Indemnitee shall, as a condition precedent to Indemnitee's right to be indemnified or Indemnitee's right to receive Expense Advances under this Agreement, give the Company notice in writing as soon as practicable of any Claim made against Indemnitee for which indemnification will or could be sought under this Agreement. Notice to the Company shall be directed to the Chief Executive Officer of the Company at the address shown on the signature page of this Agreement (or such other address as the Company shall designate in writing to Indemnitee). In addition, Indemnitee shall give the Company such information and cooperation as it may reasonably require and as shall be within Indemnitee's power.

  • Compensation for Buy-In on Failure to Timely Deliver Certificates Upon Exercise In addition to any other rights available to the Holder, if the Company fails to cause the Transfer Agent to transmit to the Holder a certificate or the certificates representing the Warrant Shares pursuant to an exercise on or before the Warrant Share Delivery Date, and if after such date the Holder is required by its broker to purchase (in an open market transaction or otherwise) or the Holder’s brokerage firm otherwise purchases, shares of Common Stock to deliver in satisfaction of a sale by the Holder of the Warrant Shares which the Holder anticipated receiving upon such exercise (a “Buy-In”), then the Company shall (A) pay in cash to the Holder the amount, if any, by which (x) the Holder’s total purchase price (including brokerage commissions, if any) for the shares of Common Stock so purchased exceeds (y) the amount obtained by multiplying (1) the number of Warrant Shares that the Company was required to deliver to the Holder in connection with the exercise at issue times (2) the price at which the sell order giving rise to such purchase obligation was executed, and (B) at the option of the Holder, either reinstate the portion of the Warrant and equivalent number of Warrant Shares for which such exercise was not honored (in which case such exercise shall be deemed rescinded) or deliver to the Holder the number of shares of Common Stock that would have been issued had the Company timely complied with its exercise and delivery obligations hereunder. For example, if the Holder purchases Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to an attempted exercise of shares of Common Stock with an aggregate sale price giving rise to such purchase obligation of $10,000, under clause (A) of the immediately preceding sentence the Company shall be required to pay the Holder $1,000. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In and, upon request of the Company, evidence of the amount of such loss. Nothing herein shall limit a Holder’s right to pursue any other remedies available to it hereunder, at law or in equity including, without limitation, a decree of specific performance and/or injunctive relief with respect to the Company’s failure to timely deliver certificates representing shares of Common Stock upon exercise of the Warrant as required pursuant to the terms hereof.

  • Providing Notice of Breaches 8.1 If Covered Entity determines that an impermissible acquisition, access, use or disclosure of PHI for which one of Business Associate’s employees or agents was responsible constitutes a Breach as defined in 45 CFR § 164.402, and if requested by Covered Entity, Business Associate shall provide notice to the individual(s) whose PHI has been the subject of the Breach. When requested to provide notice, Business Associate shall consult with Covered Entity about the timeliness, content and method of notice, and shall receive Covered Entity’s approval concerning these elements. The cost of notice and related remedies shall be borne by Business Associate.

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