Failing Party definition

Failing Party has the meaning set forth in Section 2.3(h) of this Agreement. “[*].

Failing Party has the meaning set forth in Section 31.01 for use in that Section.

Failing Party shall have the meaning defined in art. XIII.H of this Agreement.

Examples of Failing Party in a sentence

• If Option B is specified as applicable in the Cover Sheet, and the Parties fail to agree to a resolution during the Negotiation Period, if any, then the Party that is not the Failing Party shall be entitled to pursue the remedies available at law with respect to the Failing Party’s failure to deliver or accept the Product in accordance with the terms of the relevant Transaction (but only in respect of that Transaction).

• In the event the Curing Party undertakes such cure (in an emergency or otherwise), the Curing Party shall not be liable or responsible to the Failing Party for any losses or damages thereby sustained by the Failing Party or anyone claiming by, through or under the Failing Party, except for the Curing Party’s gross negligence or willful misconduct.

• If the Failing Party refuses or fails to undertake, or to agree to or commence to undertake, in each case within ten (10) days after such notice, and thereafter diligently cure the failure or violation, the Curing Party may, but shall not be obligated to, enter upon the Failing Party’s Parcel and cure such failure or violation.

• In such event the Curing Party shall provide the Failing Party with a good faith estimate of the cost of curing the violation and give the Failing Party time to cure the violation.

• If a Party (the “Failing Party”) shall fail to perform any obligation imposed upon it hereunder or shall violate any term, provision or condition of this Agreement, the other Party(s) (the “Curing Party”) of a Parcel may give notice to the Failing Party specifying the failure or violation.

More Definitions of Failing Party

Failing Party means the Party that fails to comply with the obligations set out in this clause33;

Failing Party has the meaning specified in Section 7.2.

Failing Party has the meaning set out in Clause 9.6(a) Fairly Disclosed means disclosed to the Purchaser or its ultimate parent company Integrated Device Technology, Inc. (i) in writing within this Agreement (including the Schedules thereto) or (ii) in the Electronic Data Room, each in a conspicuous way that would enable a reasonable professional purchaser given the nature and context of the disclosure to become aware of the nature of the possible implications of such disclosure on the Company. 2813477 SV\1613529.24

Failing Party means the Party that fails to comply with the obligations set out in this clause ‎25;

Failing Party has the meaning set forth in Section 8.02(b).

Failing Party. The term "Failing Party" is defined in SECTION 25(f)(ii).

Failing Party means the Party that fails to comply with the obligations set out in this clause ‎33;