– Failure to Testify Sample Clauses

The "Failure to Testify" clause establishes the consequences or implications when a party or witness does not provide testimony as required in a legal proceeding. Typically, this clause may allow the court or tribunal to draw negative inferences from a party's refusal or inability to testify, or it may limit the evidence that can be considered in the absence of such testimony. Its core practical function is to encourage participation and candor in legal processes, while also addressing the evidentiary gaps that may arise if a key individual fails to testify.
– Failure to Testify. The commissioner or agency head whose agency is a party in interest to the transaction, submitted bid, submitted proposal, contract, lease, permit, or license shall convene a hearing, upon not less than five (5) days written notice to the parties involved to determine if any penalties should attach for the failure of a person to testify.
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– Failure to Testify. If the faculty member charged refuses to answer at the hearing a question pertinent to the charges against said faculty member, the Board may regard such refusal as sufficient to warrant that the faculty member's services be terminated.
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– Failure to Testify. If: (i) any general partner, director, officer, principal, employee, or agent (or person occupying a similar position) of the Company or any Affiliated Person (hereinafter "requested person"), who has been advised that his or her statement, and any information from such statement, will not be used against him or her in any subsequent criminal proceeding, refuses to testify before a grand jury or other governmental agency or authority empowered directly or by designation to compel the attendance of witnesses and to examine witnesses under oath concerning the award of or performance under any transaction, agreement, lease, permit, contract, franchise, or license entered into with the City, the State, or any political subdivision or public authority thereof, or the Port Authority of New York and New Jersey, or any local development corporation within the City, or any public benefit corporation organized under the laws of the State of New York; or (ii) any requested person refuses to testify for a reason other than the assertion of his or her privileges against self-incrimination in an investigation, audit, or inquiry conducted by a City or State governmental agency or authority empowered directly or by designation to compel the attendance of witnesses and to take testimony under oath, or by the Inspector General of the governmental agency that is a party-in-interest in, and is seeking testimony concerning the award of, or performance under, any transaction, agreement, lease, permit, contract, franchise, or license entered into with the City, the State, or any political subdivision thereof or any local development corporation within the City; then, the commissioner or agency head whose agency is a party-in-interest to the transaction, submitted bid, submitted proposal, contract, lease, permit or license shall convene a hearing, upon not less than five (5) days written notice to the parties involved, to determine if any penalties should attach for the failure of a person to testify. If any nongovernmental party to the hearing requests an adjournment, the commissioner or agency head who convened the hearing may, upon granting the adjournment, suspend any contract, lease, permit, agreement, franchise, or license pending the final determination pursuant to Section 10.6.04 hereof, without the City incurring any penalty or damages for delay or otherwise.
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– Failure to Testify. If any Person who has been advised that his or her statement, and any information from such statement, will not be used against him or her in any subsequent criminal proceeding refuses to testify (i) before a grand jury or such Governmental Authority concerning the award of, or performance under, this License Agreement, or (ii) for a reason other than the assertion of his or her privilege against self-incrimination, then the MTA shall convene a hearing, upon not less than five (5) days' written notice to the parties involved, to determine whether any penalties should attach for the failure of such person to testify, including whether such failure constitutes (in the MTA’s sole discretion) an Event of Default.
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Related to – Failure to Testify

  • FAILURE TO REMEDY If Contractor does not remedy a defect or nonconformity within ten (10) calendar days after receipt of written notice from Purchaser, or if an emergency exists rendering it impossible or impractical for Purchaser to have Contractor provide a remedy, Purchaser may, without prejudice to any other rights or remedies available to it, make or cause to be made required modifications, adjustments, or repairs, or may replace Services, or IT Services, in which case Contractor shall reimburse Purchaser for its actual costs or, at Purchaser’s option, Purchaser will offset the costs incurred from amounts owing to Contractor.

  • 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 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 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 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.