Remedy for Failure. If Licensee fails at any time to meet the Minimum Quality Standards or has not received either WHO pre-qualification or FDA conditional approval, as applicable, by the first anniversary of Licensee’s application for WHO pre-qualification or FDA conditional approval for a Product, Gilead and/or MPP may elect, in their sole discretion and notwithstanding Section 10.2 or 10.3 hereof, to suspend the effectiveness of the licenses granted hereunder until such time as Gilead and/or MPP have determined that Licensee has corrected any such failure to Gilead’s and/or MPP's reasonable satisfaction. During any such suspension, Gilead and/or MPP and Licensee shall coordinate with each other to provide for the supply of API or Product, as appropriate, to ensure that end-user patient requirements are not disrupted as a result of such suspension.
Remedy for Failure. If Licensee fails at any time to meet the Minimum Quality Standards with respect to the manufacture of API or Product, Gilead may elect, in its sole discretion and notwithstanding Section 10.2 or 10.3 hereof, to suspend the licenses granted hereunder until such time Gilead has determined that Licensee has corrected any such failure to Gilead’s reasonable satisfaction.
Remedy for Failure. Section 6.2(c) of the Agreement is hereby deleted in its entirety and replaced with the following: “Remedy for Failure. If Licensee fails at any time to meet the Minimum Quality Standards with respect to the manufacture of API or Product, Gilead and/or MPP may elect, in their sole discretion and notwithstanding Section 10.2 or 10.3 hereof, to suspend the effectiveness of the licenses granted hereunder until such time as Gilead and/or MPP have determined that Licensee has corrected any such failure to Gilead’s and/or MPP's reasonable satisfaction. During any such suspension, Gilead and/or MPP and Licensee shall coordinate with each other to provide for the supply of API or Product, as appropriate, to ensure that end-user patient requirements are not disrupted as a result of such suspension.”
Remedy for Failure. If Licensee fails at any time to meet the Minimum Quality Standards or has not received either WHO pre-qualification or FDA conditional approval, as applicable, by the second anniversary of the Effective Date, Gilead may elect, in its sole discretion and notwithstanding Section 10.2 or 10.3 hereof, to suspend the effectiveness of the licenses granted hereunder until such time Gilead has determined that Licensee has corrected any such failure to Gilead’s reasonable satisfaction. During any such suspension, Gilead and Licensee shall coordinate with each other to provide for the supply of API or Product, as appropriate, to ensure that end-user patient requirements are not disrupted as a result of such suspension.
Remedy for Failure. If Forty Seven (itself or through its Affiliates, sublicensees, or partners) has failed to meet the requirements of Section 6.1 with respect to [*] (“Deficient Product”), then Stanford shall have the right to terminate the license for such Deficient Product under this Agreement and any Licensed Patent(s) solely covering such Deficient Product in accordance with and subject to Section 15.2(B) (such Licensed Patent(s) if terminated, the “Terminated Patent Rights”).
Remedy for Failure. If either Excess Packet Loss or Latency occurs and it stems from a source within the Network and not from the Customer or beyond the Network, and if AboveNet fails to correct the Excess Packet Loss or Latency after using its commercially reasonable efforts for a period of twenty four (24) hours after the onset of such Excess Packet Loss or Latency, then AboveNet will credit Customer's account the pro-rata Bandwidth Fees (as set forth in the applicable Order Form) for the continuous duration of such Excess Packet Loss or Latency; provided that all such credits will not exceed an aggregate maximum credit of Bandwidth Fees otherwise due from Customer for one (1) calendar month for failures in any one (1) calendar month.
Remedy for Failure. If Licensee fails at any time to meet the Minimum Quality Standards or has not received either WHO pre-qualification or FDA [*] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended conditional approval, as applicable, by the second anniversary of the Effective Date, Gilead may elect, in its sole discretion and notwithstanding Section 10.2 or 10.3 hereof, to suspend the effectiveness of the licenses granted hereunder until such time Gilead has determined that Licensee has corrected any such failure to Gilead’s reasonable satisfaction. During any such suspension, Gilead and Licensee shall coordinate with each other to provide for the supply of API or Product, as appropriate, to ensure that end-user patient requirements are not disrupted as a result of such suspension.
Remedy for Failure. In the event the Contractor shall fail to carry out the terms and conditions of the Contract for any reason other than specified in paragraph 1. above, the District shall, upon reasonable notice to the Bus Company, and upon the refusal of Contractor to cure such failure, immediately have the right to furnish or cause to be furnished the transportation herein agreed to be furnished by Contractor, in any and every manner as shall be deemed by the District fit and proper, and the surety on Contractor’s performance bond shall be immediately and directly liable to the District for the cost of such transportation, and shall pay therefore on demand of the District to the extent of the amount of such performance bond. This will be accomplished in any and every manner as shall be deemed fit and proper including the District taking control of the Contractor's terminal and fleet for the purpose of providing continued transportation services until such time as a suitable alternate service provider is secured.
Remedy for Failure. In the event the Bus Company should: (a) neglect, refuse, or fail to perform under the material provisions of the contract; and/or (b) disregard applicable laws, lawful orders or lawful or reasonable instructions of the District; and/or (c) violate any material provision of the contract; and/or (d) fail in any material way to meet the standard of service established by the District, the District shall give written notice to the Bus Company of such occurrence and the Bus Company shall have thirty (30) calendar days to cure the same. In the event the complained of matter is not cured within thirty (30) calendar days, the District may, without prejudice to any other right or remedy which it may have for damages resulting therefrom, whether theretofore or thereafter accruing during the term of the contract, and without prejudice to any rights against any surety, treat the same as a material breach of the contract and terminate the contract on not less than sixty (60) calendar days written notice to the Bus Company. If the Bus Company is taking steps to correct the issue, and the District recognizes this as legitimate and productive effort, the timeframe to cure the issue may be extended by mutual written agreement of the parties. If the Bus Company refuses or fails to cure, the District may terminate this Agreement with no penalty to the District, but preserving all available remedies and damages to the District. In the event the Bus Company shall fail to provide a sufficient number of buses and/or drivers to meet the standard of service required under the contract for a period of five (5) consecutive school days, the District may terminate the contract upon not less than thirty (30) calendar days notice to the Bus Company. The District may also terminate this agreement upon 60 days written notice to the Bus Company in the following instances: Bus Company bankruptcy, substantive revisions by the legislature in Section 121 of the Wisconsin Statutes, and violation of the legal rights of any District passenger by the Bus Company. In the event of any of the above failures, the District may draw on the Bus Company’s letter of credit furnished hereunder in accordance with the terms of such letter of credit for the cost of such transportation to the extent of the amount of such performance bond.
Remedy for Failure. If Licensee fails at any time to meet the Minimum Quality Standards with respect to the manufacture of RDV or Product, and after a 90 day period, Licensee fails to cure any manufacturing deficiency sufficient to meet the Minimum Quality Standards, Gilead may elect, in its sole discretion and notwithstanding Section 10.2 or 10.3 hereof, to suspend the effectiveness of the licenses granted hereunder until such time Gilead has determined that Licensee has corrected any such failure to Gilead’s reasonable satisfaction. During any such suspension, Gilead and Licensee shall coordinate with each other to provide for the supply of RDV or Product, as appropriate, to ensure that end-user patient requirements are not disrupted as a result of such suspension.
