Failing Party definition

Failing Party has the meaning set forth in Section 2.3(h) of this Agreement. “[*].

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Failing Party has the meaning set forth in Section 31.01 for use in that Section.

Failing Party has the meaning set forth in Section 8.02(b).

Examples of Failing Party in a sentence

• If a Party to this Agreement (the Failing Party) should fail to take any action to be taken or to deliver any document to be delivered as of a specified date, the other Party shall not resort to any contractual remedies under this Agreement if such failure is promptly and fully cured in good faith by the Failing Party.

• If the Failing Party fails to notify the other party of the appointment of its arbitrator within such five (5) Business Day period, the appointment of the second arbitrator shall be made by the AAA in the same manner as hereinabove provided for the appointment of a third arbitrator in a case where the two arbitrators appointed hereunder are unable to agree upon such appointment.

• If either party (a “Failing Party”) fails to deliver its calculation to the other party on or before the Calculation Date, but the other party delivers its calculation to the Failing Party on or before the Calculation Date, such other party’s calculation shall be binding on both parties and shall be the price paid by Landlord to Leasehold Mortgagee in exchange for such Restaurant Equipment, and the arbitration shall be deemed concluded.

• If either party fails to appoint an arbitrator (the “Failing Party”), the other party shall provide an additional notice to the Failing Party requiring the Failing Party’s appointment of an arbitrator within five (5) Business Days after the Failing Party’s receipt thereof.

• If the Failing Party has failed to cure such failure by the end of such 10-day period, the other Party may suspend its obligations under such Appendix until the failure to perform is cured.

• If a Party to this Agreement (the FAILING PARTY) should fail to take any action to be taken or to deliver any document to be delivered as of a specified date, the other Party shall not resort to any contractual remedies under this Agreement if such failure is promptly and fully cured in good faith by the Failing Party.

• If the Failing Party fails to deliver to Landlord an executed estoppel certificate satisfying the criteria set forth in Section 15.1 within five (5) days after the delivery of such notice, Tenant shall be deemed to be estopped from raising any claims which are contrary to the statements set forth in the estoppel certificate delivered by Landlord.

• If Landlord or Tenant fails or otherwise refuses to execute an estoppel certificate in accordance with Section 15.1 (the “Failing Party”), the other party shall have the right to deliver to the Failing Party a notice in accordance with the terms of this Lease stating that the Failing Party failed to timely deliver the estoppel certificate pursuant to Section 15.1, together with a fully completed estoppel certificate.

• If any non-failing party makes such payment, then such payment shall accrue interest as provided in Section 8.5 hereof until the Failing Party repays such non-failing Party in full, including any accrued and unpaid interest charges.

• If a Party to this Agreement (the “Failing Party”) should fail to take any action to be taken or to deliver any document to be delivered as of a specific date, the other Party shall not resort to any contractual remedies under this Agreement if such failure is promptly and fully cured in good faith by the Failing Party.

More Definitions of Failing Party

Failing Party means the Party that fails to comply with the obligations set out in this clause ‎25;

Failing Party shall have the meaning defined in art. XIII.H of this Agreement.

Failing Party has the meaning set out in Clause 9.6(a) Fairly Disclosed means disclosed to the Purchaser or its ultimate parent company Integrated Device Technology, Inc. (i) in writing within this Agreement (including the Schedules thereto) or (ii) in the Electronic Data Room, each in a conspicuous way that would enable a reasonable professional purchaser given the nature and context of the disclosure to become aware of the nature of the possible implications of such disclosure on the Company. 2813477 SV\1613529.24

Failing Party. The term "Failing Party" is defined in SECTION 25(f)(ii).

Failing Party means the Party that fails to comply with the obligations set out in this clause33;