Remedy for Failure. If Licensee fails at any time to meet the Minimum Quality Standards or has not received either WHO pre-qualification or FDA conditional approval, as applicable, by the first anniversary of Licensee’s application for WHO pre-qualification or FDA conditional approval for a Product, Gilead and/or MPP may elect, in their sole discretion and notwithstanding Section 10.2 or 10.3 hereof, to suspend the effectiveness of the licenses granted hereunder until such time as Gilead and/or MPP have determined that Licensee has corrected any such failure to Gilead’s and/or MPP's reasonable satisfaction. During any such suspension, Gilead and/or MPP and Licensee shall coordinate with each other to provide for the supply of API or Product, as appropriate, to ensure that end-user patient requirements are not disrupted as a result of such suspension.
Remedy for Failure. If Licensee fails at any time to meet the Minimum Quality Standards with respect to the manufacture of API or Product, Gilead may elect, in its sole discretion and notwithstanding Section 10.2 or 10.3 hereof, to suspend the licenses granted hereunder until such time Gilead has determined that Licensee has corrected any such failure to Gilead’s reasonable satisfaction.
Remedy for Failure. Section 6.2(c) of the Agreement is hereby deleted in its entirety and replaced with the following: “Remedy for Failure. If Licensee fails at any time to meet the Minimum Quality Standards with respect to the manufacture of API or Product, Gilead and/or MPP may elect, in their sole discretion and notwithstanding Section 10.2 or 10.3 hereof, to suspend the effectiveness of the licenses granted hereunder until such time as Gilead and/or MPP have determined that Licensee has corrected any such failure to Gilead’s and/or MPP's reasonable satisfaction. During any such suspension, Gilead and/or MPP and Licensee shall coordinate with each other to provide for the supply of API or Product, as appropriate, to ensure that end-user patient requirements are not disrupted as a result of such suspension.”
Remedy for Failure. If Licensee fails at any time to meet the Minimum Quality Standards or has not received either WHO pre-qualification or FDA conditional approval, as applicable, by the second anniversary of the Effective Date, Gilead may elect, in its sole discretion and notwithstanding Section 10.2 or 10.3 hereof, to suspend the effectiveness of the licenses granted hereunder until such time Gilead has determined that Licensee has corrected any such failure to Gilead’s reasonable satisfaction. During any such suspension, Gilead and Licensee shall coordinate with each other to provide for the supply of API or Product, as appropriate, to ensure that end-user patient requirements are not disrupted as a result of such suspension.
Remedy for Failure. If either Excess Packet Loss or Latency occurs and it stems from a source within the Network and not from the Customer or beyond the Network, and if AboveNet fails to correct the Excess Packet Loss or Latency after using its commercially reasonable efforts for a period of twenty four (24) hours after the onset of such Excess Packet Loss or Latency, then AboveNet will credit Customer's account the pro-rata Bandwidth Fees (as set forth in the applicable Order Form) for the continuous duration of such Excess Packet Loss or Latency; provided that all such credits will not exceed an aggregate maximum credit of Bandwidth Fees otherwise due from Customer for one (1) calendar month for failures in any one (1) calendar month.
Remedy for Failure. If Forty Seven (itself or through its Affiliates, sublicensees, or partners) has failed to meet the requirements of Section 6.1 with respect to [*] (“Deficient Product”), then Stanford shall have the right to terminate the license for such Deficient Product under this Agreement and any Licensed Patent(s) solely covering such Deficient Product in accordance with and subject to Section 15.2(B) (such Licensed Patent(s) if terminated, the “Terminated Patent Rights”).
Remedy for Failure. If Licensee fails at any time to meet the Minimum Quality Standards with respect to the manufacture of API or Product, Cytocom may elect, in its sole discretion and notwithstanding Section 10.2 or 10.3 hereof, to suspend the licenses granted hereunder until such time Cytocom has determined that Licensee has corrected any such failure to Cytocom’s reasonable satisfaction.
Remedy for Failure. If Licensee fails at any time to meet the Minimum Quality Standards with respect to the manufacture of RDV or Product, and after a 90 day period, Licensee fails to cure any manufacturing deficiency sufficient to meet the Minimum Quality Standards, Gilead may elect, in its sole discretion and notwithstanding Section 10.2 or 10.3 hereof, to suspend the effectiveness of the licenses granted hereunder until such time Gilead has determined that Licensee has corrected any such failure to Gilead’s reasonable satisfaction. During any such suspension, Gilead and Licensee shall coordinate with each other to provide for the supply of RDV or Product, as appropriate, to ensure that end-user patient requirements are not disrupted as a result of such suspension.
Remedy for Failure. If either Excess Packet Loss or Latency occurs and it stems from a source within the Network and not from the Reseller or beyond the Network, and if ZIPLINK fails, to correct the Excess Packet Loss or Latency after using its commercially reasonable efforts for a period of ************ after the onset of such Excess Packet Loss or Latency, then ZIPLINK will credit Reseller's account the pro-rata Fees for the continuous duration of such Excess Packet Loss or Latency; provided that all such credits will not exceed an aggregate maximum credit of Fees otherwise due from Reseller for one (1) calendar month for failures in any one (1) calendar month.
Remedy for Failure. In the event the Contractor shall fail to carry out the terms and conditions of the Contract for any reason other than specified in paragraph 1. above, the District shall, upon reasonable notice to the Bus Company, and upon the refusal of Contractor to cure such failure, immediately have the right to furnish or cause to be furnished the transportation herein agreed to be furnished by Contractor, in any and every manner as shall be deemed by the District fit and proper, and the surety on Contractor’s performance bond shall be immediately and directly liable to the District for the cost of such transportation, and shall pay therefore on demand of the District to the extent of the amount of such performance bond. This will be accomplished in any and every manner as shall be deemed fit and proper including the District taking control of the Contractor's terminal and fleet for the purpose of providing continued transportation services until such time as a suitable alternate service provider is secured.
