BREACH AND TERMINATION. 22.1 Termination in accordance with clause 6 [Term and Cancellation] shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to either Party and all provisions which are to survive this Agreement or impliedly do so shall remain in force and in effect.
BREACH AND TERMINATION. 18.1 If either Party [the Defaulting Party] commits a material breach of this Agreement and fails to remedy such breach within 30 [thirty] calendar days of written notice thereof, the other Party [hereinafter the Aggrieved Party], shall be entitled, in addition to any other rights and remedies that it may have in terms of this Agreement, to terminate this Agreement forthwith without any liability and without prejudice to any claims which the Aggrieved Party may have for damages against the Defaulting Party.
BREACH AND TERMINATION. If the Provider does not carry out the Services in accordance with this Agreement the Trust may require the Provider to remedy the default within such time as the Trust may reasonably specify by providing or providing again (as the case may be) without further charge to the Trust such part of the Services as required in accordance with this Agreement; and/or itself provide or procure the provision of the Services or any part of the Services until the Trust shall be satisfied that the Provider is again able to carry out the Services in accordance this Agreement. If the cost to the Trust of executing or procuring such Services exceeds the amount which would have been payable to the Provider for carrying out the Services, the excess shall be paid by the Provider to the Trust in addition to any other sums payable by the Provider to the Trust in respect of the breach; and/or without determining the whole of the Agreement, determine the Agreement in respect of part of the Services only and thereafter provide or procure the provision of such part of the Services itself. The remedies of the Trust under this Clause may be exercised concurrently in respect of any default by the Provider. Either Party may terminate this Agreement by serving written notice on the other Party in the event: of serious or persistent unremedied breach of the other Party’s obligations under this Agreement; and that the other party is declared insolvent, enters into an arrangement or composition with or for the benefit of a creditor, has an administrator, receiver or administrative receiver appointed over all or any part of its assets or ceases or threatens to cease to carry on its business. The Trust may terminate this Agreement in the event that the circumstances described in Clause 14 occur. The Trust may terminate this Agreement by giving when it considers that the Provider has completed all its obligations under this Agreement or by [please insert relevant period] months written notice to the Provider. This Agreement shall terminate automatically in the event that the Parties are no longer legally able to carry out the Services. The Parties may elect to terminate this Agreement in accordance with Clause 12.2, should the circumstances described in Clause 12.2, occur. The provisions of Clauses 6, 7, 8, 10, 11, 19, 20 and 21 shall survive the expiry or early termination of this Agreement, howsoever caused.
BREACH AND TERMINATION. 1. The failure of the Grantee or the Sponsoring Institution to adhere to any of the terms and conditions of the Agreement may constitute sufficient grounds for LLS, at its discretion, to withhold any or all funds due pursuant to this Agreement until such time as the default is corrected, or to terminate the Grant.
BREACH AND TERMINATION. 20.1 Should any Party (“the defaulting party”) commit a breach of any provision of this Agreement and fail to remedy such breach within fourteen (14) days of receiving a written notice from the other Party (“the aggrieved party”) requiring the defaulting Party to do so, the aggrieved Party shall be entitled in addition to its other remedies in law or in terms of this Agreement to cancel this Agreement forthwith by notice in writing to the defaulting party and to claim any damages it may have suffered as a result of the breach.
BREACH AND TERMINATION. If any party shall commit any breach of its obligations under this agreement and shall not remedy the breach within 10 working days of written notice from the other party to do so, then the other party may notify the party in breach that it wishes to terminate this agreement forthwith and the agreement shall be terminated immediately upon the giving of written notice to this effect to the party in breach provided always that the breach is within the control of the party that is in breach and capable of being remedied.
BREACH AND TERMINATION. (a) Without affecting any other rights or remedies that Afrox may have, Afrox may cancel any order the Customer has placed and/or terminate this Agreement immediately at any time by written notice to the Customer if the Customer:
BREACH AND TERMINATION. If Buyer breaches any term of the Contract or any other contractual obligation in favor of Seller, (a) Seller may choose to defer any or all further shipments or other performance under the Contract and performance of any other contractual obligation in favor of Buyer until Buyer cures its breach, or (b) Seller may immediately terminate the Contract if Buyer fails to cure such breach within ten (10) days after receipt of written notice from Seller describing such breach. In the event of a termination, all outstanding payment obligations or other indebtedness of Buyer to Seller shall be due and payable no later than fifteen (15) days after delivery of notice of termination. Acceptance by Seller of less than the full amount due shall not be a waiver of any of Seller's rights under the Contract or applicable law. Notwithstanding any provision in the Contract, Seller shall have no obligation to pay any rebate, issue any credit or make any other payment of any kind to Buyer unless Buyer is fully in compliance with its payment and other obligations under the Contract and any other contractual obligation in favor of Seller. In addition, in the event that Buyer fails to make any payment when due, Seller shall have the right to offset any and all outstanding payment obligations or other indebtedness of Buyer to Seller against any outstanding payment obligations or other indebtedness that Seller or any of its affiliates may owe Buyer. Seller shall have the right to dispose of or recycle scrap packaging materials. Any Buyer supplied raw materials will either be returned to Buyer by Seller for credit, if applicable, or disposed of at Buyer’s expense. Any Finished Product will be either sold to Buyer or disposed of at Buyer’s expense. Any Buyer packaging, will be disposed of at Buyer’s expense. Any processed material not meeting specification will be disposed of at Buyer’s expense if it is the result of Buyer input, or at Seller’s expense if as a result of Seller input.
BREACH AND TERMINATION. 11.1. Should either Party (the "Defaulting Party"):
BREACH AND TERMINATION. 10.1 Should either party commit a material breach of this Agreement, and fail to remedy such breach within 30 (thirty) days of having been called upon in writing by the other to do so; then the innocent party may, in its discretion, terminate this Agreement on written notice to the defaulting party, in which event such termination shall be without prejudice to any claims which the innocent party may have for damages against the defaulting party occasioned by the termination of this Agreement in terms of this clause.
