Repeated failure Clause Samples

The "Repeated failure" clause defines the consequences or remedies available when a party consistently fails to meet its obligations under an agreement. Typically, this clause outlines what constitutes repeated failure—such as missing multiple deadlines or breaching the same obligation several times—and may specify escalation steps like formal warnings, the right to terminate the contract, or the imposition of penalties. Its core practical function is to protect the non-breaching party by providing a clear process for addressing ongoing non-compliance, thereby encouraging consistent performance and offering a structured response to persistent issues.
Repeated failure. Without limiting any other rights or remedies Spark may have, if a Stage fails its Acceptance Tests a second time after being resubmitted under clause 27.4(b), Supplier will be deemed to have missed a Contract Milestone and failed to remedy the delay within the Milestone Remedy Period, and Spark will be entitled to terminate under clause 26.4 accordingly.
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Repeated failure. If Acceptance Tests identify any Non-Conformity in any Deliverable after a second or subsequent delivery thereof, or Partner fails to re-deliver the Deliverable on a timely basis, Builder may, in its sole discretion,: (i) continue the process set forth above; (ii) accept the Deliverable as a nonconforming deliverable, in which case the Fees therefor shall be reduced equitably to reflect the value of the Deliverable as received relative to the value of the Deliverable had it conformed; or (iii) deem the failure to be a non-curable material breach of this Agreement and the relevant Requirements, and terminate this Agreement or the Project, at Builder’s sole discretion. Where there are repeated or substantial errors, deficiencies, or Non-Conformity in any Deliverables or Services provided by Partner, Builder is entitled to withhold or reduce payment to the Partner, in full or in part, pending a resolution by Partner that is satisfactory to Builder, at its sole discretion.
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Repeated failure. Without limiting any other rights or remedies Entelar may have, if a Stage fails its Acceptance Tests a second timeafter being resubmitted under clause 27.4(b), Supplier will be deemed to have missed a Contract Milestone and failed to remedy the delay within the Milestone Remedy Period, and Entelar will be entitled to terminate under clause 26.4 accordingly.
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Repeated failure. Without limiting the foregoing, Therma-Wave fails consistently to deliver Products to Applied meeting the applicable warranty and quality standards in the quantities required in accordance with the capacity requirements agreed upon pursuant to the Supply Agreement. **** CONFIDENTIAL TREATMENT
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Related to Repeated failure

  • Power Failure Power Failure means the failure of power or other utility service if the failure takes place off the "residence premises". But if the failure results in a loss, from a Peril Insured Against on the "residence premises", we will pay for the loss caused by that peril.

  • Payment Failure Any Credit Party (i) fails to pay any principal when due under this Agreement or (ii) fails to pay, within three Business Days of when due, any other amount due under this Agreement or any other Credit Document, including payments of interest, fees, reimbursements, and indemnifications;

  • Lenders’ Failure to Perform All Advances (other than Swing Loans and Agent Advances) shall be made by the Lenders contemporaneously and in accordance with their Pro Rata Shares. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Advance (or other extension of credit) hereunder, nor shall any Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligations hereunder, and (ii) no failure by any Lender to perform its obligations hereunder shall excuse any other Lender from its obligations hereunder.

  • 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.

  • Equipment Failures In the event of equipment failures beyond the Administrator's control, the Administrator shall take reasonable and prompt steps to minimize service interruptions but shall have no liability with respect thereto. The Administrator shall develop and maintain a plan for recovery from equipment failures which may include contractual arrangements with appropriate parties making reasonable provision for emergency use of electronic data processing equipment to the extent appropriate equipment is available.