Failure to Conform. If any services do not conform to contract requirements, the Purchasing Entity may require the Contractor to perform the services again in conformity with contract requirements, at no increase in Order amount. When defects cannot be corrected by re-performance, the Purchasing Entity may require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and reduce the contract price to reflect the reduced value of services performed.
Failure to Conform. If the gas tendered for receipt by Company from Customer fails at any time to conform to the quality specifications set forth in the Section titled Specification, then Company may refuse to accept the receipt of the gas and will notify Customer. Customer shall make a diligent effort to correct such failure within twenty-four (24) hours following any such notice, and if Customer is not successful then Company in its sole discretion may (i) request its Transporter to accept delivery of any non-conforming gas, or (ii) continue to refuse to accept the non-conforming gas and Company's obligations regarding such gas will be suspended. Non-conforming gas tendered by Company to Customer at the Delivery Point(s) shall be governed by the Operating Agreement.
Failure to Conform. You agree to hold us harmless from any claims or damages arising from using containers other than those we furnish or for failing to conform to all terms of this Night Depository service.
Failure to Conform. 12.2.1 If at any time the Natural Gas tendered for delivery at the Delivery Point is Off-Spec Gas, any Party that becomes aware that such Natural Gas is Off-Spec Gas shall promptly notify the Transporter and the other Party in accordance with Article 12.3. The Buyer shall have the right to accept or reject such Off-Spec Gas subject to the following provisions of this Article 12.2.
Failure to Conform. Materials placed in and/or maintained in the official personnel file of an employee without conformity to the foregoing provisions will not be used by the District in any disciplinary procedure involving the employee.
Failure to Conform. If any batch of the Activated PEG fails to conform to the Specification or otherwise fails to conform to the warranties set forth in ARTICLE 5 for any reason, SAVIENT shall, at NOF’s election (a) return such batch to NOF at NOF’s direction and expense within ten (10) days following the date of written notice of rejection by SAVIENT pursuant to Section 4.2, or (b) destroy such batch and provide to NOF certification of such destruction in a form reasonably acceptable to both NOF and SAVIENT.
Failure to Conform. 12.2.1 If at any time the Natural Gas tendered for delivery at the Delivery Point is Off-Spec Gas, any Party that becomes aware that such Natural Gas is Off-Spec Gas shall promptly notify the Transporter and the other Party in accordance with Article 12.3. The Buyer shall have the right to accept or reject such Off-Spec Gas subject to the following provisions of this Article 12.2. To the extent the Buyer is notified by the Transporter that Natural Gas tendered for delivery by the Sellers is Off-Spec Gas, the Buyer shall so notify the Sellers, provided that a bona fide failure of the Buyer to issue such notice to the Sellers shall not be deemed to a breach of this Agreement by the Buyer and shall not impose any liability whatsoever on the Buyer.
Failure to Conform. If any batch of the Activated PEG fails to conform to the Specification or otherwise fails to conform to the warranties set forth in ARTICLE 5 for any reason, CREALTA shall, at NOF’s election (a) return such batch to NOF at NOF’s direction and expense within […***…] days following the date of written notice of rejection by CREALTA pursuant to Section 4.2, or (b) destroy such batch and provide to NOF certification of such destruction in a form reasonably acceptable to both NOF and CREALTA.
Failure to Conform. In the event of the Contractor's failure to conform to the requirements set forth in Section 8.1, the Department may terminate this Agreement upon thirty (30) days written notice in accordance with Section 11.3.A.
Failure to Conform. (a) This clause 15.5 applies if Non-Specification Gas is tendered by User for receipt at a Receipt Point.
