Breach and Remedy. In the event of a breach of this Escrow Agreement by the Escrow Agent, such breach shall be corrected within seventy-two (72) hours of notice of occurrence. Notice is considered given when sent to the Escrow Agent email address as set out below. In the event the breach is not corrected within seventy-two (72) hours, any and all money and documents deposited with the Escrow Agent shall be entrusted to a replacement escrow agent to be named by the Developer. The initial Escrow Agent will be required to repay any unauthorized deficiencies and penalties in the Escrow Account.
Breach and Remedy. 10.1 In the event that the Provider is in breach of any of its obligations under this Framework Agreement then, without prejudice to any other of its rights or remedies, the Commissioner shall have regard to the Guidelines on the Suspension of Placements.
10.2 Where in the opinion of the Commissioner the Provider has committed a breach of this Framework Agreement then the Commissioner may at its discretion serve a Notice to Remedy on the Provider requiring the Provider to remedy the breach upon the terms and within the times stipulated in the Notice to Remedy. This procedure is without prejudice to the rights of the Commissioner to suspend the Provider from the Framework List under Clause 11.4 or to terminate this Framework Agreement under Clause 12 (Termination).
10.3 In the event that the Commissioner shall serve a Notice to Remedy then the Commissioner shall be entitled to recover all costs incurred in drawing up and serving the Notice to Remedy which may include (but is not restricted to):
10.3.1 The production of all written correspondence in connection with the Notice to Remedy;
10.3.2 The cost of the Commissioner’s staff resources used to monitor the Notice to Remedy;
10.3.3 The production of reports by Commissioner’s staff in relation to the Notice to Remedy;
10.3.4 Any other action deemed necessary by the Commissioner to safeguard the interests of all Service Users.
10.4 In the event that the Commissioner is in breach of its obligations under this Framework Agreement then the Provider may serve a Notice to Remedy upon the Commissioner upon the terms and within the times stipulated in the Notice to Remedy without prejudice to the Provider's rights to terminate this Framework Agreement under Clause 12 (Termination).
Breach and Remedy. 19.1 Unless Condition 10 applies, if at any time during the Term, the Customer becomes unable to, or fails to comply with any of the terms of this Contract, NRW may do one or more of the following:
19.1.1 Notify the Customer of the remedial action that NRW requires the Customer to take at the Customer’s own cost and the timescale within which that action must be taken;
19.1.2 suspend the Customer’s activities relevant to the breach until the remedial action has been taken;
19.1.3 seek to recover reasonable compensation for its loss incurred during the period from when the Contract is not performed until such time as the Customer performs the Contract to the reasonable satisfaction of NRW;
19.1.4 perform or employ other persons to perform the Contract or any part of it in place of the Customer and charge to the Customer the costs of doing so;
19.1.5 temporarily or permanently prevent the Customer from Removing the Product;
19.1.6 suspend this Contract in whole or in part until such time as the Authorised Officer is satisfied that the Customer can properly perform the Contract or such part as has been suspended;
19.1.7 prevent the Customer from accessing, or require the Customer to vacate all or part of the Work Site;
19.1.8 exclude (temporarily or permanently) the Customer from participating in future sales of timber by NRW;
19.1.9 invoice for Despatches it reasonably believes took place on the basis that the weight of the Product in each Despatch was 30 tonnes;
19.1.10 invoice for any Product not Despatched or any Remaining Product on the basis of the Price and a reasonable estimate of the said Product’s weight, using sample measurements and conversion factors;
19.1.11 terminate the Contract in accordance with Condition 20.
19.2 All reasonable costs incurred by NRW pursuant to Condition 19.1 above may be invoiced to the Customer under this Contract or any other contract for the purchase of timber from NRW, or shall be recoverable from the Customer as a debt.
19.3 NRW's rights under this Condition 19 shall be without prejudice to any other rights or remedies that it may possess.
Breach and Remedy. In the event of a breach of this Escrow Agreement by either party, such breach shall be corrected within seventy-two (72) hours of notice of occurrence. In the even the breach is not remedied within seventy-two (72) hours, the Escrow Agreement is canceled and any and all money and documents deposited with the Escrow Funds shall be released to the Town to assure the appropriate installation of the required Public Improvements. Notice of a breach is considered given when sent by facsimile to the party in breach of the Escrow Agreement.
Breach and Remedy. Xcel's failure to notify NRG promptly of an NRG Proposed Adjustment or to otherwise comply with the provisions of this Section 5 with respect to an NRG Proposed Adjustment shall not relieve NRG of any liability to Xcel under this Agreement with respect to the NRG Proposed Adjustment except to the extent that NRG's rights hereunder are prejudiced by such failure, in which event NRG's sole remedy, except as otherwise provided in Section 5.5, shall be a reduction in the amount that NRG would otherwise be obligated to pay Xcel pursuant to Section 5.1. In no event shall any such failure on Xcel's part relieve NRG of any other liability or obligation which it may have to Xcel.
Breach and Remedy. 16.1 A Party is in breach of this Agreement if:
i) it breaches its representations or warranties in this Agreement;
ii) it or its representative breaches any provision of this Agreement in the process of exercising its voting power at shareholders’ meeting;
iii) the director(s) nominated by it breaches any provision of this Agreement in the process of exercising its voting power at any meeting of the board of directors;
iv) any other breach occurs, including the breaches specified in sections 17.2.3 (ii) or (iii) hereof; or
v) it breaches the articles of association and xxxxx the interests of the joint venture company or any other shareholder.
16.2 In the event that a breaching Party fails to effectively remedy the breach within thirty (30) days after receiving the other Parties’ notice, either of the other Parties is entitled to take, at its sole discretion, one or more remedy measures set out below:
i) to suspend the performance of its obligations under this Agreement and resume such performance after the abovementioned breach has been remedied (Notes: such suspended performance does not constitute any failure of delay of performance of any obligations);
ii) to claim for compensation for the losses of the joint venture company or the non-breaching parties according to relevant laws and regulations and the provisions of this Agreement; to require, in its own name and on behalf of the joint venture company, the breaching party to compensate for the losses of the joint venture company;
iii) to require the breaching party hereto to specifically perform its obligations under this Agreement and to apply to the arbitral authority specified in section 23 hereof for making an arbitration award requiring the specific performance of the breaching party’s obligations under this Agreement; and
iv) to issue a written notice to the breaching party to terminate this Agreement promptly.
16.3 The rights and remedies specified in this Agreement are accumulative without prejudice to a Party’s rights to claim for other rights or remedies according to relevant laws.
Breach and Remedy. 8.1. In the event that the Sub-Lessee breached this agreement, by fundamental breach including breach of any terms of the Rental Agreement, the Lessee will be entitled to, without detracting from any right and/or remedy that is available to Lessee by law and/or this Agreement, to terminate this Agreement, to vacate the Area on account of the Sub-Lessee and take possession of the Area after providing notice to the Sub-Lessee of such breach and the Sub-Lessee does not rectify the breach 14 days from such notice.
8.2. In the event that the Lessee breached his undertakings according to the Rental Agreement, not due to an act and/or default of the Sub-Lessee, and damage was caused to the Sub-Lessee, the Lessee will indemnify the Sub-Lessee for the proven damages that were caused to the Sub-Lessee due to the breach of terms of the Rental Agreement by the Lessee.
Breach and Remedy. Failure of either Party to comply in good faith with the terms of this Agreement shall constitute a breach of this Agreement. Absent any emergency, wherein immediate corrective action is required to prevent injury or damage to person or property, any perceived breach of this Agreement shall be stated in writing, and the allegedly-breaching Party shall be given ten (10) calendar days to take appropriate corrective or remedial action. If said corrective or remedial action is not taken by the eleventh (11th) day, or such other time as may be necessary for said action to be completed, or if satisfactory explanation is not given, the complaining Party may pursue appropriate corrective action from the District of Columbia, a court of competent jurisdiction, or through binding arbitration as described in Section 7(c). This Agreement may be enforced in any court of competent jurisdiction for any action, or actions, for mandatory or prohibitory injunctive relief. The Parties agree to act in good faith in the fulfillment of the terms of this Agreement.
Breach and Remedy. Failure of the Contractor to comply with any material term, provision or condition of this Contract shall be deemed a breach of the Contract, and the Town shall have all the rights and remedies provided under law, including, but not limited to, the right to immediately cancel, terminate, or suspend the contract in whole or in part upon written notice to the Contractor, the right to maintain any and all actions at law or in equity or other proceedings with respect to a breach of this Contract including damages and specific performance, and the right to select any or all of the remedies available to it. Upon any termination, unless otherwise directed by the Town, the Contractor shall promptly discontinue all services provided under the Contract and incur no further obligations in connection with the services. The Contractor shall also terminate outstanding orders and subcontracts and settle liabilities and claims arising out of the termination of subcontracts and orders. The Owner may direct the Contractor to assign the Contractor's right, title and interest under terminated orders or subcontracts to the Owner or its designee. The Contractor shall deliver or otherwise make available to the Town all data, drawings, reports, estimates, memoranda, summaries, work products and other information that the Contractor may have accumulated in performing this Contract, whether complete or in process. The Town may then take over the work required by the Contract and prosecute the same to completion by contract with another contractor or otherwise. The Town shall be responsible to the Contractor for not greater than the reasonable value of the services provided to the Town, not to exceed the prorate contract price, minus any cost incurred by the Town as a result of the Contractor's contract performance, subject, also to the legal rights and remedies either party has under law.
Breach and Remedy. If the Provider: fails to perform the Services in accordance with the Specification; fails to meet Performance Measures; receives a number of penalty points that lead the Provider to exceed the penalty point threshold. is in Breach of any Clause of this Agreement (which is not a Fundamental Breach and is in the reasonable opinion of the Council capable of remedy);
