Notice of Failure. In the event that a newly activated Modem Box meets ----------------- or exceeds any of the failure thresholds specified in Paragraph 3.1 ("Acceptance Criteria and Data") within the six (6) day test period, AOL may, at its option, send AVANTEL an e-mail notice of rejection, specifying the failure thresholds which were met or exceeded during the test. In determining acceptance, AOL shall not hold AVANTEL accountable for problems due to AOL's client software. Provided that all relevant daily performance data has been provided to AOL as required by Paragraph 3.1 ("Acceptance Criteria and Data"), any Modem Boxes that have not been rejected by AOL by the end of the sixth day following activation will be deemed accepted.
Notice of Failure. (1) If Te Whatu Xxx has reasonable grounds to believe that the Provider has not met any material obligation under this Agreement, Te Whatu Ora will give the Provider written notice setting out the details of the obligation that Te Whatu Ora –believes has not been met; and
Notice of Failure. 6.13 If:
Notice of Failure. Borrower shall immediately notify Bank in writing of the issuance of any written notice, notification, demand, request for information, citation, summons or order, the filing of any complaint, the assessment of any penalty, or the pendency or threat of any investigation or review by any governmental or other entity with respect to the alleged failure of Borrower to have any permit, license or authorization required in connection with the conduct of its business or otherwise with respect to any Environmental Laws.
Notice of Failure. (1) If the DHB has reasonable grounds to believe that the Provider has not met any material obligation under this Agreement, the DHB will give the Provider written notice setting out the details of the obligation that the DHB believes has not been met; and
Notice of Failure. If we have reasonable grounds to believe that you have not met any material obligation under this Agreement, we will give you written notice:
Notice of Failure. The Contractor is required to notify the Department of any Failure the Contractor becomes aware of related to Deliverables, operation of the State’s financial system, or State Data, regardless of whether the Department observed the Failure. Except in the case of loss or breach of State Data and Systems, the Department will not impose Financial Consequences (beyond developing an Action Plan, if applicable) for a Failure that did not affect daily operations or the State’s performance of essential functions. For example, if the Contractor reports a system fault that causes a Failure, but the Failure occurs on a State holiday when no attempted use of the system has occurred (manual or scheduled), and the Failure is resolved prior to the next attempted use, the Failure shall not be subject to further liquidated damages. Failures that involve loss or breach of State Data and Systems shall always be considered a Catastrophic Event.
Notice of Failure. The Lessee will promptly give notice to the Lessor of any damage or breakdown in respect of any of the Chattels whereby they are rendered unable or unfit for their intended purpose or cease to be fit for their intended purpose;
Notice of Failure. The Administrative Agent shall notify the Borrower of the failure of any Lender to make an Advance if:
Notice of Failure. Bxxxxxxx shall immediately notify Bank in writing of the issuance of any written notice, notification, demand, request for information, citation, summons or order, the filing of any complaint, the assessment of any penalty, or the pendency or threat of any investigation or review by any governmental or other entity with respect to the alleged failure of Borrower to have any permit, license or authorization required in connection with the conduct of its business or otherwise with respect to any Environmental Laws.
