Licensee’s Failure to Maintain Sample Clauses

Licensee’s Failure to Maintain. If Licensee fails to maintain the System in good repair and operation consistent with industry standards for operators of similar systems, Trustees shall give Licensee written notice to perform such maintenance and repair activities as are reasonably required under this Agreement. Licensee shall commence within ten (10) calendar days after receiving such written notice from Trustees and diligently complete the requested maintenance or repairs; provided that if it disputes the need for such maintenance and repair activities then such dispute will be resolved pursuant to the provisions of Section 19.28. If Licensee fails to commence the requested maintenance or repair activity within the allowed time, Licensee shall be subject to fines of $250 per day until the maintenance or repair is completed, and Trustees shall deduct the sum of the daily fines from the payments otherwise due to Licensee under this Agreement. In the event of an emergency and/or if there is a safety hazard and Licensee fails to commence repairs and act diligently to address the emergency or repair such safety hazard within the timeframe set forth above after notice of such emergency or safety hazard from Trustees, then Trustees shall have the right to address the emergency and repair the System at Licensee’s expense. Any amount so expended by Trustees shall be paid promptly by Licensee upon Trustees’ submittal of the work invoices to Licensee, or Trustees may deduct the amount expended from invoices submitted to Trustees by Licensee for amounts due Licensee for Peak Demand Reductions delivered to Trustees. Except as set forth in this Section 9.4, Trustees shall have no right to conduct or have such work performed and any such maintenance or repair activity sanctioned or conducted by Trustees will be a breach of this Agreement and will cause the immediate and permanent cessation of Licensee’s obligations with respect to the Performance Guarantee set forth in Rider C.
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Licensee’s Failure to Maintain. If LICENSEE fails to comply with its maintenance and repair obligations pursuant to this SLA, UNIVERSITY shall give LICENSEE notice in writing to do such maintenance and repair activities as are reasonably required under this Agreement. If within thirty (30) days thereafter, LICENSEE fails to commence and diligently attempt to complete the requested activities, then, in addition to its other remedies under the SLA, UNIVERSITY shall have the right to have such work performed and expend such funds at the expense of LICENSEE as are reasonably required to perform such work. Any amount so expended by UNIVERSITY shall be paid promptly by LICENSEE upon UNIVERSITY’s submittal of the work invoices to Licensee. If UNIVERSITY has not received such reimbursement within thirty (30) days of the date of sending such invoices to LICENSEE, then UNIVERSITY may deduct the cost thereof against any future payment due LICENSEE.
Sample 1
Licensee’s Failure to Maintain. If Licensee fails to maintain the System in good repair and operation, the Judicial Council shall give Licensee written notice to perform such maintenance and repair activities as are reasonably required. If within ten (10) Business Days thereafter, Licensee fails to commence and diligently complete the requested maintenance or repairs, then, in addition to its other remedies under the SLA, the Judicial Council shall have the right to have such work performed and expend such funds at the expense of Licensee as are reasonably required to perform such work including the cost of a project manager or a fifteen percent (15%) markup over incurred costs. Any amount so expended by the Judicial Council shall be paid promptly by Licensee upon the Judicial Council’s submittal of the work invoices to Licensee, or the Judicial Council may deduct the amount expended from invoices submitted to the Judicial Council by Licensee for O&M Services.
Sample 1

Related to Licensee’s Failure to Maintain

  • Failure to Maintain If Tenant fails to comply with this Paragraph 17 or any Pool/Spa Maintenance Addendum, Landlord may, in addition to exercising Landlord’s remedies under Paragraph 27, perform whatever action Tenant is obligated to perform and Tenant must immediately reimburse Landlord the reasonable expenses that Landlord incurs plus any administrative fees assessed by Landlord’s agents or any other entity as provided by law.

  • Failure to Maintain Insurance Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City.

  • Failure to Make Payment In the event a participating Authorized User fails to make payment to the Contractor for Products delivered, accepted and properly invoiced, within 30 calendar days of such delivery and acceptance, the Contractor may, upon five business days advance written notice to both the Commissioner and the Authorized User’s purchasing official, suspend additional provision of Products to such entity until such time as reasonable arrangements have been made and assurances given by such entity for current and future Contract payments.

  • Failure to Maintain Financial Viability The System Agency may terminate the Contract if, in its sole discretion, the System Agency has a good faith belief that Grantee no longer maintains the financial viability required to complete the services and Deliverables, or otherwise fully perform its responsibilities under the Contract.

  • Epidemic Failure Warranty Supplier warrants all Products against Epidemic Failure for a period of three years after DXC’s Acceptance. Epidemic Failure means the occurrence of the same failure, defect, or non-conformity with an Order in 2% or more of Products within any three-month period.

  • Duty to Maintain During the term of this Agreement, Consultant/Licensor shall use its best efforts to maintain in full force and effect U.S. federal registrations for the Consultant/Licensor Marks.

  • Failure to Maintain Coverage Failure by the Contractor to maintain the required insurance, or to provide evidence of insurance coverage acceptable to the County, shall constitute a material breach of the Contract upon which the County may immediately terminate or suspend this Contract. The County, at its sole option, may obtain damages from the Contractor resulting from said breach. Alternatively, the County may purchase such required insurance coverage, and without further notice to the Contractor, the County may deduct from sums due to the Contractor any premium costs advanced by the County for such insurance.

  • Remedy for failure to insure If the Concessionaire shall fail to effect and keep in force all insurances for which it is responsible pursuant hereto, the Authority shall have the option to either keep in force any such insurances, and pay such premia and recover the costs thereof from the Concessionaire, or in the event of computation of a Termination Payment, treat an amount equal to the Insurance Cover as deemed to have been received by the Concessionaire.

  • Failure to Make Payment In the event a participating Authorized User fails to make payment to the Contractor for Products delivered, accepted and properly invoiced, within thirty calendar days of such delivery and acceptance, the Contractor may, upon five business days advance written notice to both the Commissioner and the Authorized User’s purchasing official, suspend additional shipments of Product or provision of services to such entity until such time as reasonable arrangements have been made and assurances given by such entity for current and future Contract payments.

  • Failure to Return to Work If, upon the expiration of FMLA or CFRA Leave, or any District approved extension thereof including General Leave, an employee fails to return to work and no additional leave has been authorized, the employee shall be considered to have automatically resigned from his or her position. In such cases, the employee will receive advance notification of the District’s intent to implement an automatic resignation.

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