BREACH AND CANCELLATION Sample Clauses

BREACH AND CANCELLATION. 16.1. Should the PURCHASER fail to comply with any of the terms or conditions of this Agreement within 7 (SEVEN) days of receipt of written demand, the SELLER shall on such breach be entitled without further notice, either; 16.1.1. to cancel this Agreement, take occupation of the PROPERTY and have the PROPERTY sold by auction or private treaty, in his sole discretion. The PURCHASER shall then be liable for all costs of such re-sale and any deficiency in price which results therefrom. All payments made by the PURCHASER to the SELLER and/or the AUCTIONEER pursuant to this Agreement shall then be regarded as "rouwkoop" and be forfeited by the PURCHASER in favour of the SELLER or be regarded as liquidated, pre-estimated damages; or 16.1.2. to hold the PURCHASER bound by this Agreement and to claim forthwith payment of the entire purchase price and any other damages caused because of such breach. 16.1.3. In the event of the cancellation of the sale following upon; 16.1.4. a breach by the PURCHASER, the PURCHASER shall forthwith become liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there from; 16.1.5. a breach by the SELLER, the SELLER shall forthwith become liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth; 16.1.6. an agreement between the SELLER and the PURCHASER to which agreement the AUCTIONEER is not party, the SELLER and the PURCHASER shall forthwith become jointly and severally liable for and shall pay the AUCTIONEER’S commission and other costs and charges as herein set forth and the parties hereto agree that such commission and charges shall constitute a first charge against the deposit, if any, paid by the PURCHASER and shall be paid wholly or in part there from.

BREACH AND CANCELLATION. 20.1. If the Purchaser commits a breach of this Agreement or fails to comply with any of the provisions hereof within 10 (ten) days after receipt of a notice to remedy the breach or comply, then the Seller and/or the Developer on behalf of the Seller shall have the right, but not be compelled, and without prejudice to any of the Seller’s rights or remedies including his right to damages, either: 20.1.1. to cancel this Agreement; or 20.1.2. to claim immediate performance; and/or 20.1.3. to claim payment of all the Purchaser's obligations in terms of this agreement. 20.2. Should the Purchaser dispute the Seller's and/or the Developer’s right to cancel this Agreement, then pending the determination of that dispute the Purchaser shall be obliged to continue payment of all amounts payable by him in terms of this Agreement on the due dates thereof and the Seller shall be entitled to recover and accept those payments without prejudice to the Seller's claim for cancellation of this Agreement or any other rights of the Seller whatsoever. 20.3. Upon cancellation of this Agreement for any reason whatsoever, the Purchaser hereby undertakes to forthwith vacate the Erf or to procure that the Erf be vacated by any person occupying it through the Purchaser's title or by his permission. The Erf shall be returned to Seller in the same good order and condition as at the Occupation date.

BREACH AND CANCELLATION. The Purchaser agrees and acknowledges that if the Purchaser breaches any term of this agreement, fails to pay any amount on due date, suffers any civil judgment to be taken or entered against it, causes a notice of surrender of its estate to be published in terms of the Insolvency Act 24 of 1936, as amended, dies and/or is placed under any order of provisional or final sequestration, winding up or judicial management, as the case may be, then all amounts owing to the Seller by the Purchaser will immediately become due and payable and the Seller may, without detracting from any other remedies which may be available to it, 7.1 summarily cancel this agreement and/or any sale without notice to the Purchaser. In view of clause 6, the Purchaser consents to the Seller repossessing any goods delivered to, but not paid for in full by, the Purchaser, and the Purchaser hereby waives any right that it may have thereupon to issue any proceedings which do not require the proving of ownership in such goods; or 7.2 claim specific performance of all of the Purchaser’s obligations, whether or not such obligations would otherwise then have fallen due for performance, in either event without prejudice to the Seller’s right to claim damages.

BREACH AND CANCELLATION. Without prejudice to other remedies the Parties may have, either Party shall have the right to terminate this Agreement if it has sent a written notice to the other Party notifying it of the event giving rise to such right and requesting that Party to remedy the event giving rise to termination within a period specified in the notice provided that such a time period will be reasonable, having regard to the nature of the breach (the “Remedy Period”). If such breach is not remedied by the defaulting Party by the expiry of the Remedy Period, the other Party may terminate this Agreement forthwith by notice in writing to that Party.

BREACH AND CANCELLATION. 29.1 Without prejudice to other remedies the Developer may have, the Developer shall have the right to terminate this Concession Contract upon the occurrence of any of the following events:- 29.1.1 the passing of any resolution for the dissolution and / or judicial management and / or liquidation of the Concessionaire, except for the purposes of amalgamation or reconstruction on terms approved in advance by the Developer in writing; or 29.1.2 the Concessionaire commits an act of insolvency or assigns, surrenders or attempts to assign or surrender its estate or is liquidated, whether provisionally or finally; or 29.1.3 the Concessionaire commences voluntary liquidation proceedings; or 29.1.4 the Concessionaire commits a breach of this Concession Contract. 29.2 The Developer shall not be entitled to exercise its rights to terminate as set out in this clause 29, unless it has sent a written notice to the Concessionaire notifying it of the event giving rise to such right and requesting the Concessionaire to remedy the event giving rise to the right to termination within fourteen (14) days of such notice (“the Remedy Period”); provided that no remedy period shall be required for the events described in clauses 29.1.1, 29.1.2 and 29.1.3 above. 29.3 If such events are not remedied by the Concessionaire by the expiry of the Remedy Period or the relevant event does not require a Remedy Period, the Developer may terminate this Concession Contract forthwith by notice in writing to the Concessionaire. 29.4 In the event of a breach of the provisions of this Concession Contract which breach is not capable of being remedied, and which is not a material breach of the agreement between the Parties, the Developer shall be entitled to impose a fine upon the Concessionaire in such amount as is equal to any damage which the Developer may have suffered as a result of the breach by the Concessionaire or alternatively, such fair and reasonable amount as may be imposed by the Developer after taking into account the nature of the breach. 29.5 Notwithstanding the provisions of clause 29.2, should the Concessionaire consistently breach any of the conditions of this Concession Contract in such a manner as to justify the Developer holding that the Concessionaire’s conduct is inconsistent with the intention or ability of the Concessionaire to carry out the conditions of this Concession Contract, the Developer shall be entitled to cancel this Concession Contract forthwith on notice to th...

BREACH AND CANCELLATION. 12.1 If the Licensee breaches any term of this Agreement and fails to remedy such breach within ten (10) days of the receipt of a notice re- xxxxxxx the Licensee to do so, then Medprax may in addition to any other rights that it may have in Law and/or as are elsewhere contained in this Agreement; 12.1.1 institute proceedings to enforce the terms of the Agreement; alternatively 12.1.2 declare this Agreement cancelled which cancellation shall be without prejudice to any other rights that it may have against the Licensee (whether in terms of this Agreement or at Law) including any claim for dam- ages arising from such breach; 12.2 Should this Agreement be cancelled in terms of sub-clause 12.1, the Licensee undertakes, in addition to all other obligations as are in terms of this Agreement binding upon it, to: 12.2.1 immediately desist from using or dis- seminating the Product by any means or in any form whatsoever; 12.2.2 return the Product and all Intellectual Property in its possession or under its control to Medprax or deal with such Product and Intellectual Property as directed in writing by Medprax; 12.2.3 ensure that the Product and all Intel- lectual Property supplied to it are de- leted from the Licensee’s computers and/or systems and/or data-bases and/or networks; and 12.2.4 ensure that all other copies of the Product and of the Intellectual Proper- ty as are in the possession or under the control of the Licensee are de- stroyed or otherwise dealt with as di- rected in writing by Medprax. 12.3 Whether terminated in terms of clause 11 or cancelled in terms of this clause 12, those obli- gations of the Licensee which by their nature ex- tend beyond such termination or cancellation, shall be deemed to survive the termination or cancellation hereof.

BREACH AND CANCELLATION. Notwithstanding the provisions above, and in the event of breach; 8.1 Either party, shall, without prejudice to any rights it may have in law, be entitled to cancel this agreement, by written notice to the other party, in the event of a breach of any provision of this agreement and failure to rectify the breach within 7 (seven) days’ notice of the breach. 8.2 Such breach by the Bursar will include but not be limited to: 8.2.1 failure by the Bursar to comply with its obligations in terms of this agreement; 8.2.2 refusal of the Bursar to comply with instructions or requests by the SETA in terms of this agreement; and 8.2.3 any engagement by the Bursar in corrupt or fraudulent practices in competing or executing this agreement.

BREACH AND CANCELLATION. (a) Should the Purchaser commit a breach of this Agreement and fail to remedy the same within 14 (fourteen) days of written notice to do so, then the Seller shall have the right to, without prejudice to all other rights and remedies available to the Seller: (i) cancel this Agreement and claim damages as well as collection commission and legal costs on the higher scale as between legal practitioner and client, and interest at the rate of 25% (twenty five per cent) per annum from the date of breach, or (ii) enforce the Agreement and claim damages as well as collection commission, legal costs on the higher scale as between legal practitioner and client, and interest, including on the unpaid balance of the Purchase Price, at the rate of 25% (twenty five per cent) per annum for the period of the default from the date of breach. (b) Should the Seller commit a breach of this Agreement and fail to remedy same within 14 (fourteen) days written notice to do so, then the Purchaser shall have the right to either cancel this Agreement or enforce it, and in either case to claim damages. (c) The Parties agree that, in the event of the Purchaser’s breach and the subsequent cancellation of this Agreement, the difference, if any, between the Purchase Price and the later reduced price under a subsequent sale of the shares - in order to transfer beneficial ownership of the Property - constitutes a fair assessment of the damages to the Seller. (d) Any portion of the Purchase Price paid by the Purchaser prior to cancellation may be retained as security for damages under this clause.

BREACH AND CANCELLATION. 11.1. The Parties to this Agreement acknowledge that this Agreement is based on good faith and, in the event of a disagreement or dispute arising between the Parties (whether having arisen out of a breach of this Agreement or otherwise), the Parties shall endeavour to resolve the issues between them by means of consultation and negotiation in terms of clause 12 below. 11.2. In the event of a breach of any of the provisions of this Agreement, and the Parties are unable to resolve same in accordance with clause 11.1 above, then either Party (“the aggrieved party”) shall give the other Party (“the defaulting party”) 10 (ten) Days written notice to remedy the breach. Should the defaulting party fail to comply with such notice, the aggrieved party shall be entitled to terminate this Agreement by providing the defaulting party with written notification of termination, which termination shall be on no less than 1 (one) months' notice. 11.3. Notwithstanding the above clause, in the event that the Customer has failed to pay any amount and/or Invoice due to Reflex after 5 (five) Days have elapsed from the due date of the applicable Invoice, and such unpaid amount and/or Invoice is not subject to a dispute in terms of clauses 5.12 and 5.13, Reflex shall be entitled, in its sole discretion, to cancel this Agreement and/or any applicable Service Schedule(s) on 5 (five) Days written notice to the Customer and demand payment of any and/or all outstanding amounts. 11.4. In the event that the Customer has breached this Agreement and such breach has remained unresolved after written notice to Customer, Customer shall be liable for and shall pay Reflex a breach penalty charge calculated as the Fees and charges that would have become due and payable by Customer to Reflex under this Agreement and/or Service Schedule for the remainder of the duration of this Agreement and/or Service Schedule, as the case may be. 11.5. The aforesaid relief is without prejudice to any other rights which either Party may have in law. 11.6. The defaulting party, in the case of a breach, shall pay the aggrieved party's legal costs and disbursements on the scale as between attorney and own client.

BREACH AND CANCELLATION. 18.1 If- 18.1.1 the Lessee fails to remedy any breach of this Lease within 14 (fourteen) business days after receipt from the Lessor of Written notice calling upon it to remedy the breach in question; or 18.1.2 any final judgment (being a judgment in respect of which all available steps of appeal or review or rescission have been exhausted) is entered against the Lessee and the Lessee fails within 30 (thirty) business days after such judgment to satisfy the same. 18.2 Notwithstanding the provisions of 18.1 above, the Lessor shall not be entitled to cancel this Agreement by reason of breach or default by the Lessee unless such breach or default is material and goes to the root of this Agreement. 18.3 Under no circumstances will the Lessee be liable for consequential losses or loss of profits.