Substantial Failure definition

Substantial Failure means (a) Complaints made by, or on behalf of, the greater of five (5) Covered Clients or one percent (1%) of Covered Clients of the Participant, if such Complaint(s) are not dismissed as provided in Article J, Section 5 below or (b) Complaints determined by the Compliance Committee to pose a substantial risk to the Client Assurance Program.
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Substantial Failure means material non-compliance with the requirements of this Agreement which:
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Substantial Failure means the failure to meet requirements, other than unimportant omissions or defects, given the particular circumstances involved.
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Examples of Substantial Failure in a sentence

  • A default includes a Termination for Substantial Failure to Perform under Article 14, but also includes any breach of Contract and is subject to the requirements and responsibilities as set forth in the Performance Bond.

  • Substantial Failure to Perform: Includes any violation of any requirement of this Contract that is repeated or ongoing, that goes to the essentials or purpose of the Contract, or that injures, jeopardizes or threatens the health, safety, welfare, rights or other interests of members.

  • The Performance review parameters as laid down in Annexure-IV shall form the basis of determination of the performance standard of the Auditors, but MPPKVVCL’s decision shall be final in this regard.• Substantial Failure of the selected bidder to perform the agreement may even cause to terminate the agreement.

  • Section 1003.102(u)—Repeated Filings Indicating a Substantial Failure to Competently and Diligently Represent the Client Comment.

  • During the 2004 presidential election Karzai got 55.4% of the votes cast.

  • Substantial Failure – A repeated pattern of noncompliance by the AE with responsibilities outlined in this Agreement, non-adherence with Written Policies and Procedures and Departmental Decisions, inability to develop and /or implement an approved CAP or DCAP to remedy noncompliance areas, or an egregious noncompliance issue that jeopardizes Participant Health and Welfare and/or overall state compliance with federal Waiver requirements approved by CMS.

  • Accordingly, this Court should hold that defendants’ challenge is procedurally barred.2. Defendants Are Not Entitled To Reversal Based On An Alleged Violation Of The Act’s Policy Statement That Is Neither Independently Enforceable Nor A Substantial Failure To Comply With The Act Even if this Court considers the merits of defendants’ challenge, it should reject their attempt to fashion from Section 1861 a standalone right for all citizens to have the opportunity to be called as petit jurors.

  • In the event of Substantial Failure by either Party to perform in accordance with the terms of this Agreement, the other Party may terminate this Agreement upon ninety (90) days written notice of termination setting forth the nature of the failure, provided that the failure is through no fault of the other Party and is not due to Force Majeure conditions.

  • In the event that the Department finds there has been Substantial Failure of the AE to adhere to the responsibilities and functions outlined in this Agreement including applicable Written Policies and Procedures and Departmental Decisions or Substantial Failure to perform or provide services to Participants in the Pennsylvania ODP service system, the Department may provide notice of termination as referenced in Section 12 and Subsections 9.2 through 12.3.2 of this Agreement.

  • However, the recipient has a responsibility to ensure that its staff are fully informed of and act in accordance with the LSC grant requirements andrestrictions.Criteria for a Substantial Failure.


More Definitions of Substantial Failure

Substantial Failure means the repeated, reck-
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Related to Substantial Failure

  • 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.

  • MI Failure means when an MI report: a) contains any material errors or material omissions or a missing mandatory field; or b) is submitted using an incorrect MI reporting Template; or c) is not submitted by the reporting date(including where a Nil Return should have been filed);

  • Potential Failure to Pay means the failure by a Reference Entity to make, when and where due, any payments in an aggregate amount of not less than the Payment Requirement under one or more Obligations, without regard to any grace period or any conditions precedent to the commencement of any grace period applicable to such Obligations, in accordance with the terms of such Obligations at the time of such failure.

  • 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;

  • 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.

  • GEP Failure means Seller’s failure to produce Delivered Energy in an amount equal to or greater than the Guaranteed Energy Production amount for the applicable Performance Measurement 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)

  • Substantial disruption means without limitation that any one or more of the following occur as a result of the bullying:

  • Supply Failure shall have the meaning ascribed to it in Section 2.8.

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

  • Force Majeure Failure has the meaning set forth in Section 8.1(d).

  • Listing Failure Event means that:

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

  • Substantial Taking means a Taking of at least 15% of the Land or Improvements which, in Lessee’s and Lessor’s reasonable judgment, will materially and adversely interfere with any development or use of the Premises that Lessee is then conducting or intends in good faith to conduct in the future.

  • 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).

  • Substantial Amount means, at the time of determination thereof, an amount in excess of 30.0% of total consolidated assets (exclusive of depreciation) at such time of the Borrower and its Subsidiaries determined on a consolidated basis.

  • Substantial Breach means the following:

  • Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

  • Mental, Nervous or Psychological Disorder means a mental or nervous health condition including, but not limited to: anxiety, depression, neurosis, phobia, psychosis; or any related physical manifestation.

  • Substantial cause means Employee’s (1) failure to substantially perform Employee’s duties; (2) material breach of this Agreement; (3) misconduct, including but not limited to, use or possession of illegal drugs during work and/or any other action that is damaging or detrimental in a significant manner to the Company; (4) conviction of, or plea of guilty or nolo contendere to, a felony; or (5) failure to cooperate with, or any attempt to obstruct or improperly influence, any investigation authorized by the Board of Directors or any governmental or regulatory agency.

  • 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 Day during the twenty (20) Trading Day period ending on the Trading Day immediately preceding such date of determination (such period, the “Volume Failure Measuring Period”), is less than $2,000,000 (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.

  • Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

  • Severe neglect means neglect that causes or threatens to cause serious harm to a

  • Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

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

  • Catastrophic disability means a physical and not a psychological