Non-fulfillment. If PHARMA reasonably believes that INC is not using commercially reasonable efforts with respect to the commercialization of the Licensed Products, then PHARMA may provide to INC written notice specifying in reasonable detail the reasons for such assertion. Upon receipt of such notice, INC shall have a period of [***] days to provide to PHARMA, by written notification, evidence that INC has been using commercially reasonable efforts with respect to the commercialization of Licensed Products, or a period of [***] to cure the lack of diligence based on the reasons submitted by PHARMA (“Evidence and Cure Period”). If INC presents evidence reasonably acceptable to PHARMA that INC has used commercially reasonable efforts with respect to the commercialization of the Licensed Products, or if the lack of diligence has been cured by INC, then PHARMA’s notice shall be deemed withdrawn and of no effect. If, within such periods, INC has not presented evidence reasonably acceptable to PHARMA and has not cured such lack of diligence within such period, this will constitute a termination event according to Section 16.3.
Non-fulfillment. 2.2.1 If the conditions precedent in Sub-clauses 2.1.1 are not fulfilled within 14 days from the date of this Agreement (or such later date as the relevant Parties may mutually agree on):
Non-fulfillment. 2.1. In case of non-fulfillment on part of the LICENSEE in relation with the obligations undertaken under the MEMORANDUM OF AGREEMENT, it shall be subject to the corresponding sanctions. In case there are no express provisions for such sanctions, ORSNA shall determine them pursuant to the terms of the LICENSE AGREEMENT and the rules in force.
Non-fulfillment. In the occurrence of disobedience to the duties taken by the BENEFICIARY, the stated in Articles 40 to 47 of the "DISPOSICOES APLICAVEIS AOS CONTRATOS DO BNDES" shall be kept in what regards Topic I of Fourteenth Clause.
Non-fulfillment. There will be regular and/or periodic inspections of the Worksite’s by a Board representative(s). In the event of default or failure on the part of the Supplier/Contractor to complete the contract to the satisfaction of the Board, the Board shall provide 48 hours written notice of necessary remedial action. Should appropriate action not be taken, the Board shall take all actions necessary to complete the Work, will hold the Supplier/Contractor liable for any costs and will deduct the same from any monies due or to become due to the Supplier/Contractor on this or any contract between the Supplier/Contractor and the board.
Non-fulfillment. 2.8.1. In the event CHINOIN is unable to fulfil its obligations within three (3) months from the deadline indicated in Section 2.4.2 of this Amendment Three, VIVUS will have the right to place orders with other supplier(s) in quantities not exceeding the quantity scheduled for the time in question stipulated in Section 2.7.1 of this Amendment Three until the time CHINOIN completes the fulfillment of its referred obligations. Thereafter, VIVUS will place with CHINOIN [*] of its orders for the Product until the [*] stipulated in Section 2.7.1 is delivered in full. The delay of VIVUS taking deliveries of the [*] stipulated in Section 2.4.1 for any reason will create no right for either of the Parties to change the price of this [*] as stipulated for the seventh Agreement Year in Section 2.9 of this Amendment Three. VIVUS agrees that the measures to postpone taking delivery from CHINOIN and/or to order quantities from other suppliers proportionally as stipulated in Section 2.8.1 will satisfy in full any and all of CHINOIN's obligations and VIVUS will not be entitled to claim compensations or losses due to the above delay, if any.
Non-fulfillment. Unless specifically waived under Clause 2.2, if any conditions precedent is not fulfilled within 21 days after the date of this Agreement (or such later date as the Parties may mutually agree on):
Non-fulfillment. Should any of the parties breach, refuse or fail to comply with, or shall violate, any material terms or conditions of this Agreement, said failure, omission or violation shall constitute a breach of this Agreement. In such case, the party not in breach shall notify the other party of the breach in writing providing a detailed description of the alleged breach and shall grant the other party a period of ninety (90) days to remedy said breach, if such breach is capable of being so remedied. Should the breaching party not remedy said breach within said ninety (90) days, or if such breach is not capable of being so remedied, the notifying party shall have the right to terminate this Agreement.
Non-fulfillment. The no fulfillment of the compromises established on this contract from each part will produce the completion of the contract. ________________________________________________________________________________________________________________ According to that the other part has to previously reliable notify to the no fulfillment part. The no fulfillment part will have 60 days to rectify the situation. In the case of continuing the no fulfillment situation the parties could submit to conciliation or ask for the ending of the contract. In the case of conciliation the parties will appoint a conciliatory, which has to express an opinion during the rest of the term of 60 days to solve the no fulfillment. In the case of no resolution of the no fulfillment in that period, the reliable part could ask the intervention of the Arbitration Judge in the terms of the ELEVENTH CLAUSE or ask for the resolution of the contract.
Non-fulfillment. In the event that the Conditions have not been fulfilled (or, at their discretion, waived by the Parties) on or before the date that is four (4) months from the date hereof or such later date as the Parties may agree in writing, all liabilities of the Parties hereunder shall cease, subject to all accrued rights and obligations and subject to the obligations of the Parties under Article 14.2 of this Agreement remaining in force.
