Mitigation Failure definition

Mitigation Failure means a breach by IAC of the covenant contained in Section 7.01(e).
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Examples of Mitigation Failure in a sentence

  • Mitigation Failure to mitigate damages is affirmative defense which must be pleaded and proven by a defendant.

  • Mitigation Failure to mitigate damages is an affirmative defense which must be pleaded and proven by a defendant.

  • An important task in the assessment of the RCC is the evaluation of the Systemic Risk of a Climate Mitigation Failure (SRCMF), which is the probability (%) of failing to stay below each ΔTj limit.

  • Risks: Principal Risks to the MTFS & headline MitigationAnnex 10 Risks Headline Mitigation Failure to constrain expenditures within relevant budget targets.

  • Enforcing strict speed limit for Project vehicles is expected to minimize dust generation from traffic.3.2.1.2 Effects of Mitigation Failure or Malfunction Dust-suppression measures are not prone to failure, as such, but do show relative degrees of success.

  • Table 3 - Events of Category Authentication and RegistrationNameDescriptionPotential CauseAction / Mitigation Failure in authentication An adapter cannot authenticate with the HE using the right credentials, and receives a response from HE indicating it, i.e. an invalid Access TokenSimultaneous use of the same credentials.

  • Risks and uncertainties (continued) Risk Summary Description and Potential Impact Examples of Mitigation Failure to The enlarged Group's future success The Group's leadership team is successfully integrate Skyepharma may lead to increased costs, loss of key is dependent upon management's ability to successfully deliver the pre- planned synergies and leverage the complementary Vectura and Skyepharma businesses to create experienced in integration.

  • Finally, we use the Akaike information criterion (AIC) and the Bayesian information criterion (BIC) for model selection on the threshold variable, and both A- IC and BIC indicate that the models with time as the threshold variable are preferable.

  • And then they give a tabulation of all the likely and unlikely events, going through their different evaluation procedures, ending with their prediction of 'Possible Mitigation Failure, Risk and Consequence'.It reads like a wish list of Alice in Wonderland.A prophecy for a long term performance that could be scuttled as early as at the beginning of the construction phase.There is no apparent inclination for OPG/MWNO to err on the side of safety.

  • Legal issues and Risk Mitigation Failure to comply with legal issues and compliance i.e. HIPAA standards and risk mitigation Other factors include; 1.

Related to Mitigation Failure

  • Transaction Failure means the failure to consummate a Business Combination within 18 months of the Effective Date (or 24 months after the Effective Date, if a letter of intent, agreement in principle or definitive agreement has been executed within 18 months after the Effective Date and the Business Combination relating thereto has not yet been consummated within such 18-month period).

  • Transaction Failure Date means the 18-month anniversary of the Effective Date (or the 24 month anniversary of the Effective Date, if a letter of intent, agreement in principle or definitive agreement has been executed within 18 months after the Effective Date and the Business Combination relating thereto has not yet been consummated within such 18-month period).

  • Service Failure means a failure by the Contractor to provide the Services in accordance with any individual service level described above (measured on a monthly/quarterly/annual basis)

  • Price Failure means, with respect to a particular date of determination, the VWAP of the Common Stock on any Trading Day during the seven (7) Trading Day period ending on the Trading Day immediately preceding such date of determination fails to exceed the Floor Price (as adjusted for stock splits, stock dividends, stock combinations, recapitalizations or other similar transactions occurring after the date hereof). All such determinations to be appropriately adjusted for any stock splits, stock dividends, stock combinations, recapitalizations or other similar transactions during any such measuring period.

  • Volume Failure means, with respect to a particular date of determination, the aggregate daily dollar trading volume (as reported on Bloomberg) of the Common Stock on the Principal Market on any Trading Days during the five (5) Trading Day period ending on the Trading Day immediately preceding such date of determination (such period, the “Volume Failure Measuring Period”), is less than $250,000 (as adjusted for any stock splits, stock dividends, stock combinations, recapitalizations or other similar transactions occurring after the Subscription Date). All such determinations to be appropriately adjusted for any stock splits, stock dividends, stock combinations, recapitalizations or other similar transactions during such Volume Failure Measuring Period.

  • Registration Failure means that (A) the Company fails to file with the SEC on or before the Filing Deadline (as defined in the Registration Rights Agreement) any Registration Statement required to be filed pursuant to Section 2(a) of the Registration Rights Agreement, (B) the Company fails to use its best efforts to obtain effectiveness with the SEC, prior to the Registration Deadline (as defined in the Registration Rights Agreement), of any Registration Statement (as defined in the Registration Rights Agreement) that is required to be filed pursuant to Section 2(a) of the Registration Rights Agreement, or fails to use its best efforts to keep each such Registration Statement current and effective as required in Section 3 of the Registration Rights Agreement, (C) the Company fails to file any additional Registration Statement required to be filed pursuant to Section 2(a)(ii) of the Registration Rights Agreement on or before the Additional Filing Deadline or fails to use its best efforts to cause such additional Registration Statement to become effective on or before the Additional Registration Deadline, (D) the Company fails to file any amendment to any Registration Statement, or any additional Registration Statement required to be filed pursuant to Section 3(b) of the Registration Rights Agreement within thirty (30) days of the applicable Registration Trigger Date (as defined in the Registration Rights Agreement), or fails to use its best efforts to cause such amendment and/or new Registration Statement to become effective within ninety (90) days of the applicable Registration Trigger Date, (E) any Registration Statement required to be filed under the Registration Rights Agreement, after its initial effectiveness and during the Registration Period (as defined in the Registration Rights Agreement), lapses in effect or sales of all of the Registrable Securities (as defined in the Registration Rights Agreement) cannot otherwise be made thereunder (whether by reason of the Company’s failure to amend or supplement the prospectus included therein in accordance with the Registration Rights Agreement, the Company’s failure to file and use its best efforts to obtain effectiveness with the SEC of an additional Registration Statement or amended Registration Statement required pursuant to Sections 2(a)(ii) or 3(b) of the Registration Rights Agreement, as applicable, or otherwise), or (F) the Company fails to provide a commercially reasonable written response to any comments to any Registration Statement submitted by the SEC within twenty five (25) days of the date that such SEC comments are received by the Company.

  • Supply Failure has the meaning given to it in Section 7.5.2 (Supply Failure).

  • Daily Failure Amount means the product of (x) .005 multiplied by (y) the Closing Sale Price of the Common Stock on the applicable Share Delivery Date.

  • Persistent Failure means any two (2) or more failures by the Supplier in any rolling period of twelve (12) months to comply with obligations in respect of the Contract Services under the Contract;

  • Listing Failure Event means that:

  • Reporting Failure has the meaning set forth in Section 2.4.

  • Milestone Failure means a failure by the Grant Recipient fully to achieve any Milestone by the relevant Milestone Date;

  • Epidemic Failure means a series of repeating failures or defects resulting in at least a 0.5% failure rate for the same Product or Material during any twelve-month period.

  • Technical Failure means the discontinuation of Development or Commercialization of a Product for technical, scientific, medical or regulatory reasons, including, but, not limited to, unacceptable preclinical toxicity, demonstration of a side effect profile significantly worse than currently marketed products, or inability to manufacture in an acceptable purity or for an acceptable price.

  • Listing Failure means the situation where the Bonds have not been listed on the corporate bond list of Nasdaq Stockholm (or any other Regulated Market) within sixty (60) calendar days after the Issue Date.

  • Service Level Failure means a failure to perform the Software Support Services fully in compliance with the Support Service Level Requirements.

  • Public Information Failure shall have the meaning ascribed to such term in Section 4.3(b).

  • Allowed Delay has the meaning set forth in Section 2(c)(ii).

  • Public Information Failure Payments shall have the meaning ascribed to such term in Section 4.3(b).

  • Excused Outage means any disruption to or unavailability of Services caused by or due to (i) Scheduled Maintenance,

  • Equity Conditions Failure means that on any applicable date the Equity Conditions have not been satisfied (or waived in writing by the Holder).