Failure to Perform definition

Failure to Perform. As defined Article 16.

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Failure to Perform means the failure of a Party to complete a material act with respect to its delivery, payment or other obligation after the expiration of the period allowed for the late performance of such act;

Failure to Perform means a circumstance wherein the Owner or Contributor shall fail to perform a material obligation which is required to be performed by Contributor or Owner pursuant to this Agreement. If a Failure to Perform is in connection with, or causes, a financial obligation of the Project or Owner to result with respect to matters arising or occurring prior to the Contribution Date, the Failure to Perform shall be considered an Undisclosed Liability Representation for purposes of this Agreement.

Examples of Failure to Perform in a sentence

• Should Applicant Fail to perform its responsibilities under this Agreement in any degree, Applicant agrees to compensate County for all costs, including Incidental Costs, related to Applicant's Failure to Perform its obligation to complete and warranty the Improvements to the extent that such costs are not adequately covered by the Proceeds, as defined below.

• The failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement, or to exercise any right or remedy consequent to a Failure to Perform, shall not constitute a waiver of any such Failure to Perform or of any other covenant, agreement, term or condition.

• Should APPLICANT Fail to Perform in any degree its responsibilities under this Agreement, APPLICANT agrees to compensate CITY for all costs, including Incidental Costs, related to the APPLICANT’S Failure to Perform its obligation to complete and warrant the Improvements to the extent that such costs are not adequately covered by the Proceeds.

• In the event there is a Failure to Perform under this Agreement and it becomes reasonably necessary for any party to employ the services of an attorney in connection therewith (whether such attorney be in house or outside counsel), either with or without litigation, on appeal or otherwise, the losing party to the controversy shall pay the successful party reasonable attorneys’ fees incurred by such party, and, in addition, such costs and expenses as are incurred in enforcing this Agreement.

More Definitions of Failure to Perform

Failure to Perform means the failure of a buyer or seller to complete a material act with respect to a delivery obligation prior to the expiration of the period allowed for the late performance of such act.

Failure to Perform means that either:

Failure to Perform. As defined in Section 16.1.

Failure to Perform means the failure of the short position holder to make, or the long position holder to receive, delivery of crude oil in accordance with the requirements set forth in these rules.

Failure to Perform. As defined in Section 10.

Failure to Perform means on one or more occasions) to materially perform the Services defined in one or more SOWs in a manner required by this Agreement or a SOW; provided that GE has given ARIS written notice upon the occurrence of any such failure, which notice shall specify each such failure, and provided further that ARTS has not cured any such failure within thirty (30) days of each notice. GE may also terminate this Agreement if ARTS is in material breach for any other reason and has not cured the breach within thirty (30) days' written notice specifying the breach. Either party may terminate a specific SOW as to a particular major Business Unit if the other party is in material breach of the SOW and has not cured the breach within thirty (30) days' written notice specifying the breach. Except for any material breach by ARIS for Failure to Perform, consent to extend the cure period shall not be unreasonably withheld by either party, so long as the breaching party has commenced cure during the thirty-day notice period and pursues cure of the breach in good faith. Termination of this Agreement shall not limit either party from pursuing any other remedies available to it, including injunctive relief, nor shall termination relieve GE of its obligation to pay all charges that have accrued prior to such termination. Any provisions which by their terms contemplate survival will survive any termination of this Agreement. After termination and upon request by one PARTY, THE OTHER PARTY shall RETURN TO THE REQUESTING PARTY ALL ARTS OR GE PROPERTY (AS THE case may be), Confidential Information, Materials and all other data, records, or other materials of the requesting party.

Failure to Perform with respect to a KPI means a failure to achieve the applicable threshold (minimum) level of performance with respect to such KPI, as set forth in an Annual Statement of Work, for an Annual Measurement Period.