Remedy Provisions Sample Clauses

Remedy Provisions. 27.5 Where the Private Party puts forward a Remedial Programme in accordance with Clause 27.3.1.3, SANParks shall have 20 (twenty) Business Days from receipt of the same within which to notify the Private Party that it does not accept the Remedial Programme, failing which SANParks shall be deemed to have accepted the Remedial Programme. SANParks shall act reasonably in rejecting the Remedial Programme and shall give reasons for its decision. Where SANParks notifies the Private Party that it does not accept the Remedial Programme, the Parties shall endeavour within the following 5 (five) Business Days to agree any necessary amendments to the Remedial Programme put forward. In the absence of agreement within 5 (five) Business Days, the question of whether the Remedial Programme (as the same may have been amended by agreement) will remedy the Private Party Default in a reasonable manner and within a reasonable time period.
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Remedy Provisions. 59.3.1 Where the Private Party puts forward a programme in accordance with clause 59.2, the Municipality shall have ten (10) Business Days from receipt of the same within which to notify the Private Party that it does not accept the programme, failing which the Municipality shall be deemed to have accepted the programme. The Municipality shall act reasonably in rejecting the programme. Where the Municipality notifies the Private Party that it does not accept the programme, the Parties shall endeavour within the following five (5) Business Days to agree any necessary amendments to the programme put forward. In the absence of agreement within five (5) Business Days, the question of whether the programme (as the same may have been amended by agreement) will remedy the Private Party Default in a reasonable manner and within a reasonable time period (and, if not, what would be a reasonable programme) may be referred by either Party for resolution in accordance with clause 78 (Fast-track Dispute Resolution).
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Remedy Provisions. 28.3.1 Where the Operator puts forward a Remedial Programme in accordance with Clause 28.2.1.3, SANParks shall have 20 (twenty) Business Days from receipt of the same within which to notify the Operator that it does not accept the Remedial Programme, failing which SANParks shall be deemed to have accepted the Remedial Programme. SANParks shall act reasonably in rejecting the Remedial Programme and shall give reasons for its decision. Where SANParks notifies the Operator that it does not accept the Remedial Programme, the Parties shall endeavour within the following 5 (five) Business Days to agree any necessary amendments to the Remedial Programme put forward. In the absence of agreement within 5 (five) Business Days, the question of whether the Remedial Programme (as the same may have been amended by agreement) will remedy the Operator Default in a reasonable manner and within a reasonable time period. 28.3.2 If -
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Remedy Provisions. ⯈ In case of claims being justified under this guarantee, SSAB shall at its sole option either: • give a price reduction, fully or partially, taking into consideration the defect and age of the Product, • repair the Product by repainting of the defective sheet, or • replace the Product by delivering new Product free of charge to the buyer. ⯈ The above remedies shall be performed within SSAB’s product range available at the time of remedy, which might cause differences in color compared to the original Product. ⯈ The replacement, repair or refinishing of the Product shall not extend the term of the original guarantee. ⯈ SSAB’s liability under this guarantee is limited to the invoice value of defective Products. ⯈ Unless otherwise stated in this guarantee, SSAB will in no case be responsible for direct or indirect losses or damages due to defect in the Product.
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Remedy Provisions. 44.3.1 Where the Operations Subcontractor puts forward a Remedy Programme in compliance with clause 44.2.1(b)(ii), the Private Party shall have 5 Business Days from receipt of the same within which to notify the Operations Subcontractor that it does not accept the Remedy Programme, giving reasons for its decision and acting reasonably, failing which the Private Party shall be deemed to have accepted the Remedy Programme. The Private Party shall act reasonably in rejecting the Remedy Programme. The Private Party shall not reject the Remedy Programme if the Municipality accepts such Remedy Programme (or any programme based thereon) in terms of the PPP Agreement where the Private Party has provided such Remedy Programme to the Municipality in terms of the PPP Agreement. Where the Private Party notifies the Operations Subcontractor that it does not accept the Remedy Programme, the Parties shall endeavour within the following 5 Business Days to meet to discuss any necessary amendments to the Remedy Programme put forward. In the absence of agreement the question of whether the Remedy Programme (as the same may have been amended by agreement) will remedy the Operations Subcontractor Default in a reasonable manner and within a reasonable time period (and, if not, what would be a reasonable programme) may be referred by either Party for resolution in accordance with clause 57.
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Remedy Provisions. In the case of some specific Project Co events of default, the City shall, prior to being entitled to terminate the Project Agreement, give notice of default to Project Co and to any person specified in the relevant lenders’ direct agreement to receive such notice, and Project Co shall, within 5 business days of such notice of default, put forward a reasonable plan and schedule for diligently remedying the Project Co event of default. d)
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Remedy Provisions. (a) In the case of a Project Co Event of Default referred to in Sections 45.1(a)(i)(B), 45.1(a)(i)(C), 45.1(a)(i)(D) (where the Project Co Event of Default referred to in Section 45.1(a)(i)(D) is analogous to a Project Co Event of Default referred to in
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Related to Remedy Provisions

  • Statutory Provisions Any statutory or regulatory reference in this Agreement shall include a reference to any successor to such statute or regulation and/or revision thereof.

  • SUNDRY PROVISIONS Section 1. This Supplemental Indenture is executed and shall be construed as an indenture supplemental to the Original Indenture, and shall form a part thereof and all of the provisions contained in the Original Indenture in respect to the rights, privileges, immunities, powers and duties of the Trustee shall be applicable in respect hereof as fully and with like effect as if set forth herein in full. The Trustee agrees to accept and act upon instructions or directions pursuant to this Supplemental Indenture sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Company shall provide to the Trustee an incumbency certificate listing designated persons authorized to provide such instructions, which incumbency certificate shall be amended whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions pursuant to this Supplemental Indenture (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling in the absence of manifest error. Subject to Sections 14.02 and 14.03 of the Indenture, the Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding whether such instructions conflict or are inconsistent with a subsequent written instruction. Subject to Sections 14.02 and 14.03 of the Indenture, the Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee pursuant to this Supplemental Indenture, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.

  • Breach of Provisions In the event that Executive shall breach any of the provisions of this Article V, or in the event that any such breach is threatened by Executive, in addition to and without limiting or waiving any other remedies available to the Company at law or in equity, the Company shall be entitled to immediate injunctive relief in any court, domestic or foreign, having the capacity to grant such relief, without the necessity of posting a bond, to restrain any such breach or threatened breach and to enforce the provisions of this Article V. Executive acknowledges and agrees that there is no adequate remedy at law for any such breach or threatened breach and, in the event that any action or proceeding is brought seeking injunctive relief, Executive shall not use as a defense thereto that there is an adequate remedy at law.

  • Survival of Provisions The obligations contained in this Section 11 shall survive the termination or expiration of the Executive’s employment with the Company and shall be fully enforceable thereafter.

  • EXCULPATION PROVISIONS EACH OF THE PARTIES HERETO SPECIFICALLY AGREES THAT IT HAS A DUTY TO READ THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS AND AGREES THAT IT IS CHARGED WITH NOTICE AND KNOWLEDGE OF THE TERMS OF THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS; THAT IT HAS IN FACT READ THIS AGREEMENT AND IS FULLY INFORMED AND HAS FULL NOTICE AND KNOWLEDGE OF THE TERMS, CONDITIONS AND EFFECTS OF THIS AGREEMENT; THAT IT HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL OF ITS CHOICE THROUGHOUT THE NEGOTIATIONS PRECEDING ITS EXECUTION OF THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS; AND HAS RECEIVED THE ADVICE OF ITS ATTORNEY IN ENTERING INTO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS; AND THAT IT RECOGNIZES THAT CERTAIN OF THE TERMS OF THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS RESULT IN ONE PARTY ASSUMING THE LIABILITY INHERENT IN SOME ASPECTS OF THE TRANSACTION AND RELIEVING THE OTHER PARTY OF ITS RESPONSIBILITY FOR SUCH LIABILITY. EACH PARTY HERETO AGREES AND COVENANTS THAT IT WILL NOT CONTEST THE VALIDITY OR ENFORCEABILITY OF ANY EXCULPATORY PROVISION OF THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS ON THE BASIS THAT THE PARTY HAD NO NOTICE OR KNOWLEDGE OF SUCH PROVISION OR THAT THE PROVISION IS NOT “CONSPICUOUS.”

  • Custody Provisions (a) The Custodian shall act as custodian of the Certificated Depositary Interests and the Notes, as the case may be, and any related cash or other assets for the benefit of the registered holder(s) from time to time of the Certificated Depositary Interests. The Custodian shall be entitled to utilize the Depositary (or any other securities depository, book-entry system or clearing agency authorized to act as such pursuant to applicable law and identified to the Company from time to time) and Subcustodians to the extent possible in connection with its performance hereunder. The Certificated Depositary Interests, the Notes, and any related cash or other assets deposited by the Custodian in a Depositary (or such other securities depository, book-entry system or clearing agency) will be held subject to the rules, terms and conditions of the Depositary (or such other securities depository, book-entry system or clearing agency). The Certificated Depositary Interests, the Notes, and any related cash or other assets held through Subcustodians shall be held subject to the terms and conditions of the Custodian’s agreements with such Subcustodians. Subcustodians may be authorized to hold securities in central securities depositories or clearing agencies in which such Subcustodians participate. Unless otherwise required by local law or practice or a particular subcustodian agreement, the Certificated Depositary Interests, the Notes, and other assets deposited with the Subcustodians will be held in a commingled account in the name of the Custodian as custodian or trustee for its customers. The Custodian shall identify on its books and records the Certificated Depositary Interests, the Notes, and any related cash or other assets, whether held directly or indirectly through the Depositary (or such other securities depository, book-entry system or clearing agency) or the Subcustodians.

  • Waiver of Statutory Provisions The provisions of this Lease, including this Article 11, constitute an express agreement between Landlord and Tenant with respect to any and all damage to, or destruction of, all or any part of the Premises, the Building or the Project, and any statute or regulation of the State of California, including, without limitation, Sections 1932(2) and 1933(4) of the California Civil Code, with respect to any rights or obligations concerning damage or destruction in the absence of an express agreement between the parties, and any other statute or regulation, now or hereafter in effect, shall have no application to this Lease or any damage or destruction to all or any part of the Premises, the Building or the Project.

  • Amendments; No Waivers; Remedies (a) This Agreement cannot be amended, except by a writing signed by each party, and cannot be terminated orally or by course of conduct. No provision hereof can be waived, except by a writing signed by the party against whom such waiver is to be enforced, and any such waiver shall apply only in the particular instance in which such waiver shall have been given.

  • No Waiver of Provisional Remedies, Self-Help and Foreclosure The arbitration requirement does not limit the right of any party to (i) foreclose against real or personal property collateral; (ii) exercise self-help remedies relating to collateral or proceeds of collateral such as setoff or repossession; or (iii) obtain provisional or ancillary remedies such as replevin, injunctive relief, attachment or the appointment of a receiver, before during or after the pendency of any arbitration proceeding. This exclusion does not constitute a waiver of the right or obligation of any party to submit any dispute to arbitration or reference hereunder, including those arising from the exercise of the actions detailed in sections (i), (ii) and (iii) of this paragraph.

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