Sentences with word «nonperformance»

For nonperformance of a contract and most breach - of - contract matters where there was a loss because the terms of a contract were not fulfilled, a surety bond is taken out as insurance to protect the recipient.

A party is not entitled to enjoin the breach of a contract by another, unless he himself has performed what the contract requires of him so far as possible; if he himself is in default or has given cause for nonperformance by defendant, he has no standing in equity... Having committed the first breach, the general rule is that a material breach of the Agreement allows the non-breaching party to treat the breach as a discharge of his contract liability.

Salesperson relied on Broker's established business practice of ignoring its own exit requirements for departing salespeople, and Salesperson's nonperformance in reliance on this pattern therefore did not bar his recovery on the contract.

It never occurs to them that God might insist on inserting a theological escape clause, to be exercised by him in the event of nonperformance on their part!

The proposal came from a seven - member committee of faculty and administrators to address «senior faculty nonperformance.»

If you don't pay for an unenforceable comfort letter, rather than an actual guarantee, it's hard to complain about nonperformance.

However, standard liability insurance or umbrella liability insurance will not protect you against claims arising from nonperformance of a contract, wrongful termination of employees, sexual harassment, or race and gender lawsuits.

Now, here is d solution: any players we don't like for nonperformance, let's praise n talk up such players.

If I ask myself whether, on fuller reflection about my reason for feeling this way, my sense of obligation may cease to attach itself to the nonperformance of the action in question, I incline strongly to the negative view, and I find it difficult to believe that at this point other rational beings differ from me.

This paper is informed that, the contractors, might soon pack their equipment and vacate the site, as the Akufo - Addo government is afraid of the political embarrassment it will face for commissioning a project initiated by its predecessor, whom it had accused of nonperformance and incompetence.

He further revealed that evidences of the manipulation of the gubernatorial poll had been posted on YouTube, even as he carpeted Aregbesola's administration for nonperformance and ineptitude.

That's still no excuse for his nonperformance, which is beyond lackluster.

And the federal rules that should have added teeth to the process, such as peer review and the withholding of grant funds for nonperformance, were wobbly at best.

And, yes, more power is always welcome, but we have to remember that this little direct - injected four - cylinder is rated at 138 hp, which ties it for having the most power in the B - segment when you consider the nonperformance - focused competition in the class, which means excluding the 197 - hp Ford Fiesta ST.. The other two cars that are packing 138 ponies, too, are the Accent's cousin car the Kia Rio and the Chevrolet Sonic with the turbo engine.

The theatrical element was not limited to live performance but was often an integral part of his nonperformance works, including the integration of sound in an Elemental Sculpture that incorporates a hidden sound; the passage of time in a Combine that includes a working clock; or the incorpation of motion in a technology piece that churns mud.

Provides no defendant shall be incarcerated after a final hearing for nonpayment of an assessment or nonperformance of community service unless counsel has been appointed for a defendant who is indigent or such defendant has executed a valid waiver of counsel for the final hearing.

Provides incarceration of such defendant may occur only if the court, after having conducted an ability to pay or ability to perform final hearing at which the court has made a specific inquiry of the defendant concerning his or her financial circumstances and his or her reasons for nonpayment or nonperformance, finds that the defendant willfully failed to pay the assessment or perform the community service.

Article 1607 specifically limits recoverable damages to what is the «immediate and direct consequence» of the nonperformance.

Real estate companies face «serious liability issues» of their own, says Matthew Ferrara, technology chair of the Real Estate Educators Association, Methuen, Mass. «Without the MLS, you can't service the seller, and the seller could sue for nonperformance.»