Remedies for non Sample Clauses

Remedies for non compliance. If verification or self-audit reveals any unlicensed use, you must promptly order sufficient licenses to cover your use. If material unlicensed use is found, you must reimburse Microsoft for the costs Microsoft has incurred in verification and acquire the necessary additional licenses at single retail license cost within 30 days. ************************************************************************* LIMITED WARRANTY
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Remedies for non. PAYMENT Partner payment of an amount less than the invoice amount will not be deemed as acceptance of payment in full, nor will any endorsement or statement on any check or letter accompanying any payment or check be deemed an accord and satisfaction. NetApp may accept such payment or check without prejudice to NetApp’s right to recover the balance of any amount due or pursue any other remedy provided for in this Partner Agreement or by law or in equity. NetApp has the right to apply any payment received from Partner to any account of Partner which is due and/or delinquent. If Partner fails to make timely payment, in addition to all other available remedies, NetApp will have the right to decline to make further deliveries of Product(s) and/or provision of Services to Partner.
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Remedies for non. COMPLIANCE 16 12.1. PLANNING CYCLE 16 13.0 DENOMINATIONAL HOSPITALS 16 14.0 NOTICE 17 14.1. NOTICE 17 14.2. EFFECTIVE DATE 18 14.3. LHIN REPRESENTATIVE 18 15.0 ADDITIONAL PROVISIONS 18 15.1. INTERPRETATION 18 15.2. TRANSPARENCY 18 15.3. AMENDMENT 18 15.4. SEVERABILITY 18 15.5. ASSIGNMENT AND ASSUMPTION 18 15.6. LHIN IS AN AGENT OF THE CROWN 18 15.7. RELATIONSHIP OF THE PARTIES 18 15.8. SURVIVAL 18 15.9. WAIVER 19 15.10. COUNTERPARTS 19 15.11. FURTHER ASSURANCES 19 15.12. GOVERNING LAW 19 15.13. ENTIRE AGREEMENT 19 Hospital Service Accountability Agreement for 2008-10 SCHEDULES Schedule A: Planning and Funding Timetable Schedule B: Performance Obligations Schedule C: Hospital Multi-Year Funding Allocation Schedule D: Global Volumes and Performance Indicators Schedule E: Critical Care Funding Schedule F: Post-Construction Operating Plan Funding and Volume Schedule G: Protected Services Schedule H: Wait Time Services
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Remedies for non. CONFORMANCE WITH WARRANTY If Chip Products are found not in conformity with the warranty provided in Section 8.1(d), determined in accordance [ * ] Confidential Treatment Requested by Affymetrix, Inc.
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Remedies for non payment of Funding Calls Pursuant to Section 3.2(b), Section 3.2(c), Section 3.2(d) or Section 3.2(e).
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Remedies for non. Payment ------------------------ In the event of default by the Lessee in payment of Additional Rent or any other amount payable by the Lessee hereunder, the Lessor shall have, in addition to any other right or remedy that the Lessor would otherwise have at law or in equity, the same rights and remedies that the Lessor would have in the case of default in payment of Rent.
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Remedies for non compliance. If verification or self-audit reveals any unlicensed use or distribution, then Within 60 days, (1) Enrolled Affiliate must prder sufficient licenses to cover that use or distribution, and (2) if unlicensed use or distribution is 5% or more, Enrolled Affiliate must, subjeGt to the laws of the State of Wisconsin, reimburse Microsoft for the xx.xx Microsoft has Incurred In verification and acquire the necessary addiUonal licenses at 110% of the price based on the then-current price list and E@rolled Affiliate price level. The unlicensed use percentage is based on the total number of'm::enses purchased compared to actuill install base. To the extent there is a oonf/iot, the parties will work in good faith to resolve the.conflict. If ther<il is no unlicensed use, Micros<lft:v{ill not subject Enrolled Affiliate to another verification for at xxx.xx one year. By exercising the\rights and procedures described EA2015Agr(US)SLG(ENG)(Aug2015) _Custom Xxxx~en_t CTM (based on X20-12056) Pago12ofl5 BO "'I ' •I above, Microsoft does net waive its rights to enforce thiS Agreement or to protect its intellectual property by any other means permitted by law.
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Remedies for non compliance with the quality assurance procedure and for breaches of obligations to cooperate. If: • the supplier culpably fails to meet essential requirements of the contractually agreed quality assurance procedure, or • the supplier refuses to provide contractually owed essential information without legal reason, or • the supplier refuses to carry out an agreed audit or one legitimately required by the organisation without legal justification, or • the supplier culpably violates other essential obligations to cooperate without prejudice to its legal rights, the organization shall have the right to: • cancel an order preview without assuming the costs demonstrably incurred and contractually owed to the supplier for material already procured • refuse to accept ordered products until the supplier fulfils his obligations to cooperate, or proves that he complies with the contractually agreed quality assurance procedure or submits concrete corrective measures to the organization with regard to the negative result • to claim compensation for the additional expenses incurred by the organization because it has carried out an incoming goods inspection or further quality assurance measures due to the above-mentioned breaches of contract
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Related to Remedies for non

  • Remedies Non-Exclusive The remedies provided in this Contract are not exclusive, but are in addition to all other remedies available under law.

  • REMEDIES, ETC CUMULATIVE. Each and every right, power and remedy of the Pledgee provided for in this Agreement or in any other Secured Debt Agreement, or now or hereafter existing at law or in equity or by statute shall be cumulative and concurrent and shall be in addition to every other such right, power or remedy. The exercise or beginning of the exercise by the Pledgee or any other Secured Creditor of any one or more of the rights, powers or remedies provided for in this Agreement or any other Secured Debt Agreement or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the Pledgee or any other Secured Creditor of all such other rights, powers or remedies, and no failure or delay on the part of the Pledgee or any other Secured Creditor to exercise any such right, power or remedy shall operate as a waiver thereof. No notice to or demand on any Pledgor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Pledgee or any other Secured Creditor to any other or further action in any circumstances without notice or demand. The Secured Creditors agree that this Agreement may be enforced only by the action of the Administrative Agent or the Pledgee, in each case acting upon the instructions of the Required Lenders (or, after the date on which all Credit Document Obligations have been paid in full, the holders of at least the majority of the outstanding Other Obligations) and that no other Secured Creditor shall have any right individually to seek to enforce or to enforce this Agreement or to realize upon the security to be granted hereby, it being understood and agreed that such rights and remedies may be exercised by the Administrative Agent or the Pledgee or the holders of at least a majority of the outstanding Other Obligations, as the case may be, for the benefit of the Secured Creditors upon the terms of this Agreement.

  • Remedies; Survival The Parties shall be entitled to all remedies available at law or in equity to enforce, or seek relief in connection with, these confidentiality and privacy obligations. With respect to information provided in connection with this Agreement, these obligations shall survive for a period of three (3) years following the expiration or termination of this Agreement.

  • Remedies; Severability It is specifically understood and agreed that any breach of the provisions of this Agreement by any Person subject hereto will result in irreparable injury to the other parties hereto, that the remedy at law alone will be an inadequate remedy for such breach, and that, in addition to any other legal or equitable remedies which they may have, such other parties may enforce their respective rights by actions for specific performance (to the extent permitted by law) and the Company may refuse to recognize any unauthorized Transferee as one of its Stockholders for any purpose, including, without limitation, for purposes of dividend and voting rights, until the relevant party or parties have complied with all applicable provisions of this Agreement. In the event that any one or more of the provisions contained herein, or the application thereof in any circumstances, is held invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of any such provision in every other respect and of the remaining provisions contained herein shall not be in any way impaired thereby, it being intended that all of the rights and privileges of the parties hereto shall be enforceable to the fullest extent permitted by law.

  • Waivers, Non-Exclusive Remedies No failure on the part of Agent or any Lender to exercise, and no delay in exercising and no course of dealing with respect to, any right under this Agreement or the other Loan Documents shall operate as a waiver thereof; nor shall any single or partial exercise by Agent or any Lender of any right under this Agreement or any other Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights in this Agreement and the other Loan Documents are cumulative and shall in no way limit any other remedies provided by law.

  • Remedies; Waivers (a) Upon the occurrence of an Event of Default, Financial Security may exercise any one or more of the rights and remedies set forth below:

  • Other Remedies; Specific Performance Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.

  • Remedies for Default (a) Enterprise Services’ rights to suspend and terminate Contractor’s rights under this Master Contract are in addition to all other available remedies.

  • Remedies; Specific Performance The Company stipulates that there would be no adequate remedy at law to the Holder of this Warrant in the event of any default or threatened default by the Company in the performance of or compliance with any of the terms of this Warrant and accordingly, the Company agrees that, in addition to any other remedy to which the Holder may be entitled at law or in equity, the Holder shall be entitled to seek to compel specific performance of the obligations of the Company under this Warrant, without the posting of any bond, in accordance with the terms and conditions of this Warrant in any court of the United States or any State thereof having jurisdiction, and if any action should be brought in equity to enforce any of the provisions of this Warrant, the Company shall not raise the defense that there is an adequate remedy at law. Except as otherwise provided by law, a delay or omission by the Holder hereto in exercising any right or remedy accruing upon any such breach shall not impair the right or remedy or constitute a waiver of or acquiescence in any such breach. No remedy shall be exclusive of any other remedy. All available remedies shall be cumulative.

  • Remedies; Waiver To the extent permitted by Law, all rights and remedies existing under this Agreement and any related agreements or documents are cumulative to, and are exclusive of, any rights or remedies otherwise available under applicable Law. No failure on the part of any party to exercise, or delay in exercising, any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.

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