Failure to Obtain Sample Clauses

Failure to Obtain. Failure of SJRA to demand such certificate or other evidence of full compliance with these insurance requirements or failure of SJRA to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance.

Failure to Obtain. Failure of BNPPLC to demand certificate or other evidence of full compliance with these insurance requirements, or failure of BNPPLC to identify a deficiency from evidence that is provided, will not be construed as a waiver of NAI’s obligation to maintain required insurance.

Failure to Obtain. In the event the Contractor fails to obtain or maintain any insurance coverage required under this Agreement, the same shall constitute a Default of this Agreement and, in addition to any other remedy of Tervita, Tervita may purchase such coverage and charge the expense thereof to the Contractor, or may terminate this Agreement.

Failure to Obtain. If Tenant fails to secure or maintain any insurance coverage required hereunder or should the insurance secured fail to be approved by Landlord, acting reasonably, and such failure or approval not be corrected within forty-eight (48) hours after written notice from Landlord, Landlord may, at its sole discretion, purchase such insurance coverage required at Tenant’s reasonable expense. Tenant shall reimburse Landlord on demand for any reasonable monies expended to secure such coverage plus interest at the rate of 6% per year from the date of the expenditure.

Failure to Obtain. If at the Effective Time Buyer shall not have obtained health facility licensure approvals for the facilities from the State of Michigan and made timely applications for Medicare and Medicaid certification necessary for third party payor reimbursement with respect to the Facilities or any of them as required under Section 6.09.A, Seller, or a Subsidiary Lessee as applicable, and Buyer shall enter into a management agreement and a submanagement agreement in form an substance mutually satisfactory to the parties thereto pursuant to which Buyer shall perform all management functions relating to the operation of the Facilities except for those functions which Seller, or the Subsidiary Lessee, as the case may be, is required to perform as the holder of the necessary Licenses, until such time as Buyer, in accordance with applicable law, either (i) obtains nursing licenses for the Facilities in its own name or (ii) is authorized by the applicable state and federal governmental authorities to bill xxxer the Seller's, or the Subsidiary Lessee's, Medicare and Medicaid Provider numbers for services rendered by it after the Effective Time, provided that in no event shall any obligation of the Seller or the Subsidiary Lessee hereunder require that Seller or Subsidiary Lessee assume pursuant to Section 365 of the Bankruptcy Code any provider agreement to which Seller, Subsidiary Lessee or any of their Affiliates may be a party.

Failure to Obtain. Should an employee fail to obtain the necessary CDL endorsement within 180 days of appointment to the applicable position (180 days from the institution of this program for incumbents), the job shall be posted for other applicants. If the next person selected for appointment is being promoted from within the bargaining unit, the employee who had failed to obtain the licensing shall have two options for continuing their employment within the bargaining unit. First, the employee may choose to fill the position which is being vacated by the employee being promoted in the subject position provided he is physically qualified to fill the position being vacated. Second, the employee may choose to move to t heir prior or a lower rate of classification in the following manner: 1. Fill an available vacancy in their prior classification first, within the same work unit and second, on a City-wide basis provided he is physically qualified for such position, or 2. Displace another employee in the same classification, first, within the same work unit and second, on a bargaining unit wide basis, provided he is physically qualified for such position, or 3. If unable to displace under (2) above, fill an available vacancy in another classification in which he had previously held a permanent position as a qualified employee, based on bargaining unit wide seniority, or if the classification is one of a series, fill an available vacancy in a lower rated classification within the series based on bargaining unit wide seniority, whether he has previously held a position or not, 4. If no vacancy exists under (3) above, displace another employee based on bargaining unit wide seniority, in another classification in which he has previously held a permanent position as a qualified employee, or if the classification is one of a series, displace another employee with the least seniority in a lower rated classification within the series based on bargaining unit wide seniority, whether he has previously held such a position or not. 5. In the event an employee in the classified service is not entitled to a new position under any of the previous subsections, fill an available vacancy which he is presently qualified to perform under Civil Service Rules based on bargaining unit wide seniority. In the event an employee does not desire to take any of the positions he is entitled to under any of the above sub-sections, he can elect to take a layoff without impairment of his recall rights under Ar...

Failure to Obtain. Failure of Lessor to demand such certificate or other evidence of full compliance with these insurance requirements or failure of Lessor to identify a deficiency from evidence that is provided shall not be construed as a waiver of Lessee’s obligation to maintain such insurance.

Failure to Obtain. Should Subcontractor fail to comply with the Insurance Requirements, or should Subcontractor fail to timely renew the insurance coverage required under the Insurance Requirements, Builder shall have the right, at Builder’s election, without obligation, (1) to obtain such coverage on Subcontractor’s behalf, at Subcontractor’s expense, from any insurance carrier selected by Builder in Builder’s sole discretion; or (2) to terminate this Agreement as provided in Paragraph 13, below. Builder shall have the right to offset the costs of premiums for such insurance against any sums payable to Subcontractor under this Agreement.

Failure to Obtain. Upon failure of RAC to provide and maintain the insurance required herein after a ten (10) day prior written notice to comply from State, State may, but shall not be required to, procure such insurance at RAC’s sole cost and expense and RAC agrees to immediately reimburse State for any and all costs thereof plus fifteen percent (15%) for administrative overhead. Any lapse in, or failure by RAC to procure, maintain, and keep in full force and effect, such insurance coverage as is required under this Agreement, at any time during and throughout the term of this Agreement, shall be a violation of this Agreement and shall give State the right to assess additional rent and charges and/or terminate this Agreement pursuant to Article V (RAC Payments) and Article XIII (Termination or Transfer By State), respectively, hereof.