Failure to Provide Timely Notice Sample Clauses

Failure to Provide Timely Notice. Sponsor’s failure to provide timely notice under Section VI.B above shall be deemed to be its election not to support the filing of patent applications and not to negotiate an exclusive or nonexclusive license to commercialize the UMD Research Results, in which case Sponsor’s right to use and practice the UMD Research Results shall be limited to the rights granted under Section VI.A above.
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Failure to Provide Timely Notice. Notwithstanding the notice requirements provided in Sections 7.1 and 7.2, the right to indemnification under this Agreement shall not be affected by any failure to give or any delay in giving such notice unless, and then only to the extent that, the rights and remedies of the party to whom such notice was to have been given shall have been prejudiced.
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Failure to Provide Timely Notice. If the Board fails to provide timely notice as required in this Agreement, Executive shall be entitled to receive Severance Benefits. If Executive fails to provide timely notice as required in this Agreement, Executive shall not receive any Severance Benefits.
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Failure to Provide Timely Notice. No indemnification -------------------------------- provided for in Section 3 of this Agreement shall be available to the Indemnitee if Indemnitee fails to give an appropriate and timely notice and, as a direct result thereof, American Pacific was unaware of the Proceeding to which such notice would have related and was prejudiced by Indemnitee's failure to give timely notice.
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Failure to Provide Timely Notice. Sponsor’s failure to provide timely notice under section VI.B shall be deemed to be its election not to support the filing of patent applications and not to negotiate an exclusive or nonexclusive license to commercialize the Research Results, in which case Sponsor’s right to use and practice the Research Results shall be limited to the rights granted under Section VI.A.
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Failure to Provide Timely Notice. If the Planning Director does not deliver such written notice specifying that the Sector Plan does not conform to the Master Framework Plan, requires additional development standards for a Specialized Area beyond the Approved Development Standards for Specialized Areas, incorporates Alternative Development Standards, contains any Listed Minimum Development Standards that the Planning Director believes are unmet, or is inconsistent with any terms of this Agreement within the thirty (30) day period described in Section 4.1.2(A)(1) and Section 4.1.2(B)(2) above, then the Applicant must notify the Planning Director in writing of its failure to do so and the Planning Director shall have an additional fifteen (15) days in order to respond in the manner described above. If the Planning Director does not respond within the additional 15-day period, then it shall be deemed that the Planning Director has determined that the Sector Plan conforms to the Master Framework Plan, does not require additional development standards for a Specialized Area beyond the Approved Development Standards for Specialized Areas, does not incorporate Alternative Development Standards, does not contain any Listed Minimum Development Standards that the Planning Director believes are unmet, and is consistent with the terms of this Agreement; provided, however, nothing herein shall be deemed to modify in any way the right of the City Council to make the City Council Sector Plan Determinations.
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Failure to Provide Timely Notice. If the Planning Director does not deliver the written notice required by Sections 4.1.4(A)(1) and 4.1.4(B)(B)(2) above within the 30-day period, then the Applicant must notify the Planning Director in writing of its failure to do so and the Planning Director shall have an additional fifteen (15) days in order to respond in the manner described above. If the Planning Director does not respond within the additional 15-day period, then it shall be deemed that the Planning Director determined that the Final Plat conforms to the Master Framework Plan, conforms to an Approved Sector Plan, and is consistent with the terms of this Agreement; provided, however, nothing herein shall be deemed to modify in any way the right of the Planning Commission to make the Planning Commission Final Plat Determinations.
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Failure to Provide Timely Notice. If the Planning Director does not deliver the written notice required by Sections 4.1.5(A)(A)(1) and 4.1.5(B)(2) above, within the 30-day period, then the Applicant must notify the Planning Director in writing of its failure to do so and the Planning Director shall have an additional fifteen (15) days in order to respond in the manner described above. If the Planning Director does not respond within the additional 15-day period, then it shall be deemed that the Planning Director determined that the Site Plan and Building Permit conform to an Approved Sector Plan, conform to an Approved Final Plat, and is consistent with the terms of this Agreement.
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Related to Failure to Provide Timely Notice

  • Failure to Timely Deliver; Buy-In If on or prior to the Required Delivery Date the Company shall fail to issue and deliver to a Purchaser proof that the uncertificated Securities are free from all restrictive and other legends or a certificate or book entry statement and register such Common Shares on the Company's share register or, if the Transfer Agent is participating in the DTC Fast Automated Securities Transfer Program, credit the balance account of such Purchaser or such Purchaser’s designee with DTC for the number of Common Shares to which such Purchaser submitted for legend removal by such Purchaser pursuant to Section 5.14 above (and is so entitled to removal), and if on or after such Trading Day such Purchaser purchases (in an open market transaction or otherwise) Common Shares to deliver in satisfaction of a sale by such Purchaser of Common Shares submitted for legend removal by such Purchaser pursuant to Section 5.14 above that the Purchaser anticipated receiving from the Company (a “Buy-In”), then the Company shall, within five Trading Days after such Purchaser’s request and in the Company’s discretion, either (i) pay cash to such Purchaser in an amount equal to such Purchaser’s total purchase price (including brokerage commissions and other out-of-pocket expenses, if any), for the Common Shares so purchased (the “Buy-In Price”), at which point the Company’s obligation to so deliver such certificate or book entry statement (and to issue such unlegended Common Shares) or credit such Purchaser’s balance account shall terminate and such shares shall be cancelled, or (ii) promptly honor its obligation to so deliver to such Purchaser a certificate or certificates or book entry statements representing such Common Shares or credit the balance account of such Purchaser or such Purchaser’s designee with DTC representing such number of Common Shares that would have been so delivered if the Company timely complied with its obligations hereunder and pay cash to such Purchaser in an amount equal to the excess (if any) of the Buy-In Price over the product of (A) such number of shares of Purchased Shares or Warrant Shares (as the case may be) that the Company was required to deliver to such Purchaser by the Required Delivery Date multiplied by (B) the sale price per Common Share that the Purchaser agreed to sell and for which unrestricted Common Shares the Purchaser anticipated receiving from the Company. Nothing shall limit such Purchaser’s right to pursue any other remedies available to it hereunder, in equity, such as a decree of specific performance and/or injunctive relief with respect to the Company’s failure to timely deliver certificates or book entry statements representing Common Shares (or to electronically deliver such Common Shares) as required pursuant to the terms hereof. Notwithstanding anything herein to the contrary, this Section 5.15 shall not apply to the applicable Purchaser the extent the Company has already paid such amounts in full to such Purchaser pursuant to an analogous sections of the Warrant held by such Purchaser.

  • Failure to Provide Accounting If the Trustee shall not have received any accounting provided for in this Section 10.7 on the first Business Day after the date on which such accounting is due to the Trustee, the Trustee shall notify the Collateral Manager who shall use all reasonable efforts to obtain such accounting by the applicable Payment Date. To the extent the Collateral Manager is required to provide any information or reports pursuant to this Section 10.7 as a result of the failure of the Issuer to provide such information or reports, the Collateral Manager shall be entitled to retain an Independent certified public accountant in connection therewith and the reasonable costs incurred by the Collateral Manager for such Independent certified public accountant shall be paid by the Issuer.

  • Failure to Respond If you fail to respond by the date given above, your application will be refused under Section 3A(4)(a) of the Registered Designs Act 1949.

  • Obligation to Provide Information Each party’s obligation to provide information shall be as follows:

  • Failure to Provide Insurance Lessee acknowledges that any failure on its part to obtain or maintain the insurance required herein will expose Lessor to risks and potentially cause Lessor to incur costs not contemplated by this Lease, the extent of which will be extremely difficult to ascertain. Accordingly, for any month or portion thereof that Lessee does not maintain the required insurance and/or does not provide Lessor with the required binders or certificates evidencing the existence of the required insurance, the Base Rent shall be automatically increased, without any requirement for notice to Lessee, by an amount equal to 10% of the then existing Base Rent or $100, whichever is greater. The parties agree that such increase in Base Rent represents fair and reasonable compensation for the additional risk/costs that Lessor will incur by reason of Lessee's failure to maintain the required insurance. Such increase in Base Rent shall in no event constitute a waiver of Lessee's Default or Breach with respect to the failure to maintain such insurance, prevent the exercise of any of the other rights and remedies granted hereunder, nor relieve Lessee of its obligation to maintain the insurance specified in this Lease.

  • Failure to Notify If Contractor fails to specify in writing any problem or circumstance that materially affects the costs of its delivery of services or products, including a material breach by the Department, about which Contractor knew or reasonably should have known with respect to the period during the term covered by Contractor's status report, Contractor shall not be entitled to rely upon such problem or circumstance as a purported justification for an increase in the price for the agreed upon scope.

  • Notice/Cooperation by Indemnitee Indemnitee shall, as a condition precedent to Indemnitee's right to be indemnified or Indemnitee's right to receive Expense Advances under this Agreement, give the Company notice in writing as soon as practicable of any Claim made against Indemnitee for which indemnification will or could be sought under this Agreement. Notice to the Company shall be directed to the Chief Executive Officer of the Company at the address shown on the signature page of this Agreement (or such other address as the Company shall designate in writing to Indemnitee). In addition, Indemnitee shall give the Company such information and cooperation as it may reasonably require and as shall be within Indemnitee's power.

  • Failure to Fulfill Conditions In the event that either of the parties hereto determines that a condition to its respective obligations to consummate the transactions contemplated hereby cannot be fulfilled on or prior to the termination of this Agreement, it will promptly notify the other party.

  • Claim Notice A Party that seeks indemnity under this Article X (an “Indemnified Party”) will give written notice (a “Claim Notice”) to the Party from whom indemnification is sought (an “Indemnifying Party”), whether the Damages sought arise from matters solely between the Parties or from Third Party Claims. The Claim Notice must contain (i) a description and, if known, estimated amount (the “Claimed Amount”) of any Damages incurred or reasonably expected to be incurred by the Indemnified Party, (ii) a reasonable explanation of the basis for the Claim Notice to the extent of facts then known by the Indemnified Party, and (iii) a demand for payment of those Damages. No delay or deficiency on the part of the Indemnified Party in so notifying the Indemnifying Party will relieve the Indemnifying Party of any liability for Damages or obligation hereunder except to the extent of any Damages caused by or arising out of such failure.

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