Failures Sample Clauses

Failures. The execution and implementation of this Agreement by the Buyer and execution of its obligations arising from this Agreement do not represent a breach or violation, nor are they in conflict with, or make omission pursuant any law, rule or regulations of any government authority or court, i.e. the conditions or provisions stipulating partnership, or the Statutes of the Buyer, i.e. any agreement, license, or any other instrument, written or oral, in which the Buyer is one of the parties involved.
Failures. Any failure by Mesa to comply with the Mesa Performance Criteria will be considered a “Failure.” Failures, as defined in this Section 5.2, in and of themselves, will not be deemed to be Events of Default under the Code Share Agreement. Mesa will have no cure rights for purposes of determining whether a Failure has occurred. American will have no right to terminate the Code Share Agreement as a result of any Failure.
Failures. Failures of street cuts made under this agreement will be the responsibility of the City and be repaired at no cost to the Authority unless the failure is caused by a street subsurface failure, which will be repaired by the Authority at its cost.
Failures. If (i) a Registration Statement covering all the Registrable Securities required to be covered thereby and required to be filed by the Company pursuant to this Agreement is not declared effective by the SEC on or before the Required Effective Date (an Registration Rights Agreement -2-
Failures. If (i) a Registration Statement covering all the Registrable Securities required to be covered thereby and required to be filed by the Company pursuant to this Agreement is not declared effective by the SEC on or before the Required Effective Date (an “Effectiveness Failure”) or (ii) at any time after such Registration Statement has been declared effective by the SEC, sales of the Registrable Securities thereunder during the Registration Period cannot be made due to a failure by the Company to comply with its periodic reporting obligations under the Securities Exchange Act of 1934, as amended (a “Maintenance Failure”), then, as partial relief for the damages to an Investor by reason of any such delay in its ability to sell the Registrable Securities, the Company will for each 30 calendar day period (or portion thereof, if less than 30 days) during which an Effectiveness Failure or Maintenance Failure exists and until such event is cured, at its discretion select and take one of the following actions: (i) issue to each Investor that number of shares of Common Stock equal to .0025% of the Offered Shares sold by the Company to Investor under the Purchase Agreement; or (ii) pay to each Investor in cash .0025% of the purchase price paid by that Investor to the Company for the Offered Securities purchased by the Investor under the Purchase Agreement. Issuance of securities or payment of cash under this Section 2.3 shall be made within five business days of the end of each 30 calendar period or portion thereof, as the case may be.
Failures. The Remarketing Agent will not be liable to the Issuer, the Trustee, the Tender Agent or the Bank on account of the failure of any person to whom the Remarketing Agent has sold a Bond to pay for such Bond or to deliver any document in respect of the sale. It is understood and agreed that the Remarketing Agent shall not be obligated to advance its own funds to purchase, or to effect the purchase of, any Bonds.
Failures. The failure rate will be considered too high if it exceeds any of the following: (a) ****% of the units in a single shipment fail the acceptance tests; (b) ****% (cumulative) delivered within a 12 month period fail the acceptance tests; or (c) ****% of the units delivered to customers and in warranty do not function in full compliance with the specifications. Malfunctions falling under the limitations in section 5.8 shall not be counted as failures. If the failure rate is too high Micronet shall use its best efforts to make required engineering or production changes as promptly as possible to prevent the continued occurrence of such failures. Teletrac may require a total recall of Terminals if such step is appropriate. Micronet shall
Failures. The failure rate will be considered too high if it exceeds any of the following: (a) 20% of the units in a single shipment fail the acceptance tests; (b) 10% (cumulative) delivered within a 12 month period fail the acceptance tests; or (c) 20% of the units delivered to customers and in warranty do not function in full compliance with the specifications. Malfunctions falling under the limitations in section 5.8 shall not be counted as failures. If the failure rate is too high Micronet shall use its best efforts to make required engineering or production changes as promptly as possible to prevent the continued occurrence of such failures. Teletrac may require a total recall of Terminals if such step is appropriate. Micronet shall not be liable for consequential damages or lost profits or loss of business opportunity by a third party customer.
Failures