Material Deviations Clause Samples
The Material Deviations clause defines what constitutes a significant departure from the agreed terms or specifications in a contract. In practice, this clause outlines the criteria or thresholds for determining when a change or non-conformance is substantial enough to impact the parties' obligations, such as a supplier delivering goods that do not meet essential quality standards or a contractor failing to follow critical project requirements. Its core function is to provide a clear standard for identifying and addressing major breaches, ensuring that both parties understand the consequences of significant non-compliance and reducing disputes over what is considered a serious violation.
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Material Deviations. Material deviations from the Development Plans, including without limitation deviations from the timetable contained therein, shall require the prior written consent by PERMATEC, which consent shall not be unreasonably withheld, except that in no event shall PERMATEC's approval be withheld if BIOSANTE may demonstrate that such deviation is required, due to, or caused by, any material technical, scientific or clinical reason encountered by BIOSANTE during the Development of such Product.
Material Deviations. Developer shall make no Material Deviations without the prior written approval of the City and the EDC. Notwithstanding the foregoing, due to the imprecise ability to measure "gaming floor area," City and EDC agree that if in good faith the Developer measures its gaming floor area in a manner that differs from City's measurement of gaming floor area by ten percent (10%) or less, such variance shall not be considered a Material Deviation.
Material Deviations. 39 4.7 Presentation Illustrations; Virtual Reality. . . . . . . . . . . . . 39 4.8 Integrated Complex.. . . . . . . . . . . . . . . . . . . . . . . . . 39 4.9 Developer's Representative and Program Manager.. . . . . . . . . . . 39 4.10
Material Deviations. Any Party or HTP Contractor may propose a “Material Deviation” under the terms of relevant HTP contract documents. The TSC shall conduct an analysis of and make a recommendation regarding the Material Deviation within ten (10) business days of the TSC’s receipt thereof, unless otherwise extended by the GDC CEO. The TSC shall provide a briefing on any proposed Material Deviations and present its analysis and recommendations to the GDC Board. For the avoidance of all doubt, in the event that the TSC cannot present a unanimous recommendation it shall present arguments for and against any Material Deviation when it briefs the GDC Board. All Material Deviations shall be either approved or disapproved by the GDC Board. A Material Deviation shall mean a deviation from Design Standards and Specifications that if implemented: (A) has an aggregate cost impact (increase or decrease) that exceeds $100 million, (B) would require further environmental evaluation or reevaluation of the Project, or (C) has a schedule impact of 60 calendar days or more (computed as the total of all schedule increases and savings created by a deviation).
Material Deviations. Any material deviation from the Final Proposal in the scope, design, color, size, material, utility and support requirements, texture or location of the Artwork must be approved in writing and in advance by City before Artist proceeds with completion of the Artwork. Without limiting the generality of the foregoing, material deviation also includes any change from the Final Proposal which affects the fabrication, schedule of delivery or installation of the Artwork, preparation of the Site or maintenance of the Artwork.
Material Deviations. A party shall notify the other of any material deviation from any of the provisions in this Article 8 within two (2) Business Days of its knowledge of such deviation.
Material Deviations. If NLS provides an Evaluation indicating material deviations from the Specifications set forth in Exhibit A, Broadcom will use its reasonable best efforts, with assistance from NLS as required and consistent with the allocation of responsibilities in Exhibit B, to correct any such deviations and redeliver the associated deliverable to NLS as soon as reasonably practicable. All redelivered deliverables shall be subject to the evaluation procedure set forth in Section 3.2(a) above. [*****] Confidential portion has been filed separately with the Securities and Exchange Commission.
Material Deviations. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through written Change Orders, as described in Section 6 below. Whenever the Contract Administrator considers it necessary or advisable, it shall have authority to require inspection or testing of the Work. However, neither this authority of the Contract Administrator nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Contract Administrator to the Contractor, subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work.
Material Deviations. Unless required by any applicable governmental authority, quasi-governmental authority, and/or utility provider and/or regulator, Optionee's pursuit of the Governmental Approvals shall be consistent with any Governmental Approvals that have been previously obtained by Optionor with respect to the Projects and the pursuit of Governmental Approvals for the Unplatted Property shall be consistent with the respective Conceptual Plans, although Optionee may, without the prior consent of Optionor, make changes to existing Governmental Approvals and to the Conceptual Plans and pending Governmental Approvals for the Unplatted Property, as applicable, provided such proposed changes do not constitute material deviations pursuant to this Section 6.
Material Deviations. 38 4.7 Presentation Illustrations; Virtual Reality.............................38 4.8 Integrated Complex......................................................38 4.9 Developer's Representative and Program Manager..........................38 4.10