Failure to Select Sample Clauses

Failure to Select. Should the parties fail to agree on the selection of a singlearbitrator, the matter be to the Minister of Labour for the Government of Canada, with the request that appoint an impartial arbitrator. costs The cost of the services of the arbitrator, and all other incidental costs, shall be borne equally by both parties. Decision The arbitration decision should be rendered as as possible. Powersof the Arbitrator The arbitrator shall have no power to add to nor subtractfrom nor to modify the terms of this Agreement or any Agreement made supplementary hereto and shall render decision not inconsistent with the terms of this Agreement. Where the arbitrator's finding on a discharge grievance is in the employee's favour, shall have the power to remedy the discharge through reinstatement or a monetary award without as deems appropriate.
Sample 1
AutoNDA by SimpleDocs
Failure to Select. If upon the expiration of any Interest Period applicable to LIBOR Loans, the Borrower has failed to select a new Interest Period to be applicable to such LIBOR Loans, the Borrower shall be deemed to have elected to convert such LIBOR Loans into Prime Rate Loans effective as of the last day of such current Interest Period.
Sample 1
Failure to Select. When the Borrower does not select an Interest Period in accordance with paragraph (B) or paragraph (A), the Interest Period will be three months or such other period as will comply with Clause 8.4.
Sample 1
Failure to Select. Upon failure of the arbitrators to agree on the selection of a Chairman, or of the parties to agree on the selection of a single arbitrator, the matter shall be referred to the Minister of Labour for the Government of Canada, with the request that appoint an impartial Chairman or arbitrator. costs The cost of the servicesof the Chairman, or the single arbitrator, and all incidental costs shall be borne equally by both parties. Timely Decision The arbitration decision should be rendered as soon as possible.
Sample 1
Failure to Select. If the Borrower fails to specify an Optional Currency, it shall be deemed to have specified Dollars for the L/C concerned. 5 AMOUNT OF OPTIONAL CURRENCIES
Sample 1
Failure to Select. If Borrower shall fail to give a notice of selection, conversion, or continuation with respect to the amount outstanding under the Note prior to the end of any Interest Period applicable thereto as provided in subparagraph (b) hereof, or if there has otherwise been no interest rate selected for amounts outstanding, then the interest rate shall automatically convert to the Prime Rate Basis until such time as Borrower shall select an applicable interest rate in accordance with the provisions hereof.
Sample 1
Failure to Select. If upon the payment of any Initial Consideration or upon the expiry of any Settlement Period in respect of which Discount Charge is to be determined by reference to LIBOR, the Company has failed to select a new Settlement Period to be applicable thereto or if any Event of Default then exists, the Company shall be deemed to have elected for the Discount Charge to be calculated by reference to the Reference Rate as of the expiry date of such Settlement Period.
Sample 1
AutoNDA by SimpleDocs

Related to Failure to Select

  • 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.

  • Failure to Supply If IPC is unable (or anticipates an inability) to manufacture or deliver all or a portion of a Product to Tris as required by a confirmed or accepted Purchase Order pursuant to Section 3.3 of this Agreement, IPC shall promptly notify Tris in writing of the period for which such inability (or anticipated inability) to so manufacture or deliver is expected (an “Anticipated Inability to Deliver”). For avoidance of doubt, so long as IPC uses Commercially Reasonable Efforts and the anticipated inability is a force majeure event, IPC shall not be in breach of the Purchase Order(s) affected nor this Agreement, however, regardless of whether or not IPC has breached a Purchase Order or this Agreement it shall still be liable for Cover and the other obligations set forth in this Section 3.10. In the event IPC is unable to meet Tris’s Purchase Orders or IPC issues a notice of an Anticipated Inability to Deliver, IPC’s obligation to supply shall continue but Tris’ obligation to purchase the Product that IPC is unable to timely supply in accordance with Section 3.3 above shall be suspended and Tris, without relieving IPC of its obligations under Section 3.3, may mitigate its damages by purchasing from another Person the quantity of substitute product that it requires beyond what IPC is able to deliver. Tris shall use Commercially Reasonable Efforts to obtain such substitute product at a reasonable price and communicate same to IPC in writing. Tris shall be entitled to deduct the difference in cost paid by Tris for such substitute product over the cost of the Product (“Cover”), if any, from any amounts otherwise payable to IPC hereunder, and, to the extent not so offset, IPC shall reimburse Tris for such Cover , within thirty (30) days of receipt of invoice from Tris. IPC will not be entitled to any share of positive Net Profits for sale of substitute product not sourced by Tris from IPC hereunder (provided IPC shall continue to fund its share of negative Net Profits), except to the extent IPC has fully reimbursed Tris for the Cover expense with respect to such product. If at any time thereafter during the Term, IPC is able to timely deliver Product in satisfaction of Tris’ Purchase Orders, IPC shall so notify Tris in writing and, subject to Tris’ contractual commitments to third parties, Tris shall undertake commercially reasonable efforts to limit such contractual commitment in order not to exceed IPC’s volume and period it is unable to supply, Tris will resume purchasing the Product from IPC. If IPC’s inability to timely deliver to Tris the quantity of the Product described in this Section 3.3 continues for a period beyond three (3) months, Tris may terminate this Agreement upon thirty (30) days’ notice in writing to IPC. IPC shall reimburse Tris for any failure to supply and late supply penalties and/or damages charged to Tris for late supply or non-supply caused by IPC’s failure to timely supply Product pursuant to Purchase Orders delivered to IPC in accordance with this Agreement. For clarity and audit purposes, such failure to supply penalties shall be supported by appropriate invoices detailing the failure to supply penalties issued by the affected customers and wholesallers of Tris. IPC shall reimburse Tris for such penalties and damages, within ten (10) days of receipt of invoice for same from Tris, provided that if such invoice is not timely paid, Tris may at its option offset such amounts owed against other amounts payable by Tris to IPC.

  • Failure to Vacate If the Resident does not vacate the Residence on the expiry or early termination of this Agreement, (i) the Resident is liable for any financial loss sustained or incurred by the Institution or the Manager, and (ii) the Manager may remove the property of the Resident from the Room (whether or not the Resident is present at the time), and place the property in temporary storage in a location in the Residence of the Manager’s choice, at the Resident’s expense, without notice to the Resident and without liability to the Manager for any damage to or loss of the Resident’s property.

  • Failure to Defend If the Indemnifying Party, within a reasonable time after notice of any such Claim, fails to defend such Claim actively and in good faith, the Indemnified Party will (upon further notice) have the right to undertake the defense, compromise or settlement of such Claim or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall thereafter have no right to challenge the Indemnified Party's defense, compromise, settlement or consent to judgment.

  • Failure to Return Failure of the employee to return pursuant to the date determined in this Section will constitute grounds for termination by the School District unless the School District and the employee mutually agree to an extension of the leave.

  • Failure to Cure If DSHS learns of a pattern or practice of the Business Associate that constitutes a violation of the Business Associate’s obligations under the terms of this Contract and reasonable steps by DSHS do not end the violation, DSHS shall terminate this Contract, if feasible. In addition, If Business Associate learns of a pattern or practice of its Subcontractors that constitutes a violation of the Business Associate’s obligations under the terms of their contract and reasonable steps by the Business Associate do not end the violation, Business Associate shall terminate the Subcontract, if feasible.

  • Failure to Remedy If the LHIN has provided the HSP with an opportunity to remedy the breach, and:

  • Failure to Fulfill Conditions In the event that either of the parties hereto determines that a condition to its respective obligations to consummate the transactions contemplated hereby cannot be fulfilled on or prior to the termination of this Agreement, it will promptly notify the other party.

  • Failure to Agree If the Contractor claims entitlement to a change in the Contract, and the Department does not agree that any action or event has occurred to justify any change in time or compensation, or if the parties fail to agree upon the appropriate amount of the adjustment in time or compensation, the Department will unilaterally make such changes, if any, to the Contract, as it determines are appropriate pursuant to the Contract. The Contractor shall proceed with the Work and the Department's directives, without interruption or delay, and shall make a claim as provided in Article 12. Failure to proceed due to a dispute over a change request shall constitute a material breach of the Contract and entitle the Department to all available remedies for such breach, including, without limitation, termination for default.

  • Failure to Report No compensation shall be granted for the total period of standby if the employee is unable to report for duty when required.

Time is Money Join Law Insider Premium to draft better contracts faster.