PENALTY FOR FAILURE TO PERFORM Sample Clauses

PENALTY FOR FAILURE TO PERFORM. If the Customer/ARC does not reduce load in accordance with the Service Agreement, Midwest ISO may charge the Company a penalty for failure to perform. Such penalty will be imposed on the Customer/ARC. The Company shall take its fee for offers cleared as indicated in Attachment C and subtract the Midwest ISO penalty or fee from the net of that amount. If the Customer/ARC fails to comply with the provisions of the Curtailment Amount under this Rider, the Company and the Customer/ARC will discuss methods to comply during future events. If the Midwest ISO terminates the Customer’s/ARC’s participation, the Company shall immediately terminate the Customer’s/ARC's participation. If there are system reliability issues created by the Customer’s/ARC’s failure to perform the Company reserves the right to suspend participation of the Customer/ARC under this Rider for 90 days or to terminate the Customer/ARC’s participation. The Customer has the right to ask the Commission to review any decision made by the Company. In addition, in the event that a Customer or ARC has a debit on its bill or invoice due to failure to perform, if the Customer/ARC does not pay the undisputed portion of that debit by the due date indicated on the Customer’s bill or ARC’s invoice, the Customer/ARC shall be suspended from further participation until such time that the debit is paid.
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PENALTY FOR FAILURE TO PERFORM. 41.1 If the Carrier fails to start the carriage on time, i.e. does not commence the carriage within 1 day after the latest start date specified in the STC, the Customer may deem the Contract not fulfilled (failed) and the Customer is entitled to terminate the Contract and claim penalty for non-performance. In addition to notifying the Carrier in writing at the same time, the Customer is entitled to perform the task using another Carrier or using its own Vehicle, in which case the Carrier is obliged to reimburse all justified additional costs of the Customer in addition to the penalty.
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PENALTY FOR FAILURE TO PERFORM. If the Customer/ARC does not perform to its DA offer cleared by MISO in accordance with the Service Agreement, MISO may debit, credit or penalize the Company. Such financial settlements will be imposed on the Customer/ARC. The Company shall take its fee for offers cleared as indicated in Attachment C and subtract the MISO penalty or fee from the net of that amount. If MISO terminates the Customer’s/ARC’s participation, the Company shall immediately terminate the Customer’s/ARC's participation. If there are system reliability issues created by the Customer’s/ARC’s failure to perform the Company reserves the right to suspend participation of the Customer/ARC under this Rider for ninety (90) days or to terminate the Customer/ARC’s participation. The Customer has the right to ask the Commission to review any decision made by the Company. In addition, in the event that a Customer or ARC has a debit on its Bill or invoice due to failure to perform, if the Customer/ARC does not pay the undisputed portion of that debit by the due date indicated on the Customer’s Bill or ARC’s invoice, the Customer/ARC shall be suspended from further participation until such time that the debit is paid.
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PENALTY FOR FAILURE TO PERFORM in the event of non-performance of the services covered by the Contract and/or the Purchase Order, the Supplier shall be required to pay the Buyer a sum by way of penalty equal to the amount specified in the Contract and/or the Purchase Order, or 100% of the Contract’s value if not otherwise specified. The payment of the aforementioned penalties shall be chargeable to the Supplier without the Buyer having to prove the existence of damages resulting from the delayed delivery and/or non-performance, pursuant to and for the purposes of Article 1382 of the Italian Civil Code.
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Related to PENALTY FOR FAILURE TO PERFORM

  • Failure to Perform In the event of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.

  • Liability for Failure to Make Transfers If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • OUR LIABILITY FOR FAILURE TO STOP PAYMENT If You order Us to place a stop payment on one of Your pre-authorized payments 3 business days or more before the transfer is scheduled, and We do not do so, We will be liable for losses or damages, to the extent provided by law. TRANSACTION SLIPS. Except for mail-in transactions and certain small-value transactions, You can get a receipt at the time You make any transaction to or from Your Account through the use of Your Card. When an electronic fund transfer has been made during any given month, You will receive a monthly statement to reflect all electronic fund transfers to or from Your Account during that statement period. In any case, You will receive a statement at least quarterly. FEES. We may assess reasonable charges against Your Account for transactions performed at electronic terminals. If so, We will specify any charges for these or other types of electronic transactions, including automatic transfers, on an accompanying pricing document. We will explain the charges to You when You open Your Account. You will be provided with a fee schedule, and other specified information after Your Account is established. Additional fee schedules are available at any of Our office locations. When You use an ATM not owned by Us, You may be charged a fee by the ATM operator, or any network used, and You may be charged a fee for a balance inquiry even if You do not complete a fund transfer.

  • LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS If We do not properly complete a transaction to or from Your Account according to this Agreement, We will be liable for Your losses or damages. However, We will not be liable if: (a) Your Account does not contain enough available funds to make the transaction through no fault of Ours; (b) the ATM where You are making the transfer does not have enough cash; (c) the terminal was not working properly and You knew about the breakdown when You started the transaction; (d) circumstances beyond Our control prevent the transaction despite reasonable precautions that We have taken; (e) Your Card is retrieved or retained by an ATM;

  • TOTAL OR PARTIAL FAILURE TO PERFORM 20.1 In the case of Goods to be specially manufactured for it, if Transnet at any time ascertains that:

  • Damages for Failure to Cut or Termination for Breach (a) In event of Purchaser’s failure to cut designated timber on portions of Sale Area by Termination Date or termination for breach under B9.31, Forest Service shall appraise remaining Included Timber, unless termination is under B8.22 or B8.34. Such appraisal shall be made with the standard Forest Service method in use at time of termination.

  • Our Liability for Failure to Make Transfers If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will NOT be liable for instance: * If, through no fault of ours, you do not have enough money in your account to make the transfer. * If the money in your account is subject to legal process or other claim restricting such transfer. * If the transfer would go over the credit limit on your overdraft line. * If the ATM where you are making the transfer does not have enough cash. * If the terminal or system was not working properly and you knew about the breakdown when you started the transfer. * If circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken. In Case of Errors or Questions About Your Electronic Transfers. Telephone us at (000) 000-0000, or write us at R BANK,0000 X Xxxx Xxxxxx Xxxx, Xxxxx Xxxx, XX 00000 as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty days after we sent the FIRST statement on which the problem or error appeared. * Tell us your name and account number (if any). * Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information. * Tell us the dollar amount of the suspected error. * If you tell us orally, we may request that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the error involves a new account. For errors involving new accounts, point ofsale debit card transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

  • Termination for failure to pay If Company fails to make any payment due hereunder, Hospital shall have the right to terminate this Agreement upon [* * *] business days written notice, unless Company makes such payments plus any interest due, as set forth in Section 4.7, within said [* * *] day notice period. If payments are not made, Hospital may immediately terminate this Agreement at the end of said [* * *] day period. Company shall be entitled to only [* * *] such cure periods in a calendar year; for a [* * *] failure to make payment on time, Hospital shall have the right to terminate this Agreement immediately upon written notice.

  • Our Liability for Failure to Complete Transactions If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • 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.

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