Breach and Termination of Contract. 26.1 Without prejudice to the Authority’s right to terminate at common law, the Authority may terminate the Contract immediately upon giving notice to the Service Provider if:
26.1.1 except as provided in and without prejudice to Clauses 26.1.3, the Service Provider has committed any material or persistent breach of the Contract and in the case of such a breach that is capable of remedy fails to remedy that breach within 10 Business Days (or such other timeframe as specified in writing by the Authority) from the date of written notice to the Service Provider giving details of the breach and requiring it to be remedied;
26.1.2 the Service Provider is subject to an Insolvency Event;
26.1.3 in the event that there is a change of ownership referred to in clause 9.3 or the Service Provider is in breach of Clause 9.3;
26.1.4 the Authority is not satisfied on the issue of any conflict of interest in accordance with Clause 10;
26.1.5 the Service Provider or any of its officers, employees or agents commits any act of bribery described in the Bribery Act 2010; or
26.1.6 the Service Provider commits any of the money laundering related offences listed in the Public Contract Regulations 2006.
26.2 Without prejudice to any of the Authority's other rights, powers or remedies (whether under the Contract or otherwise) if the Service Provider is in breach of any of its warranties and/or obligations under Clause 6 and/or any of its other obligations in respect of the Services under the Contract, the Service Provider shall, if required to do so by the Authority, promptly remedy and/or re-perform the Services or part of them at its own expense to ensure compliance with such warranties and/or obligations. Nothing in this Clause 26.2 shall prevent the Authority from procuring the provision of any Services or any remedial action in respect of any Services from an alternative contractor and, where the Authority so procures any Services or any remedial action, the Authority shall be entitled to recover from the Service Provider all additional cost, loss and expense incurred by the Authority and attributable to the Authority procuring such Services or remedial action from such alternative contractor.
26.3 Neither Party shall be deemed to be in breach of the Contract, or otherwise liable to the other Party in any manner whatsoever, for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is due to a Force Majeure Event. If a F...
Breach and Termination of Contract. 11.1 In the event that the Service Provider/Consultant does not satisfy the conditions laid down in this contract or those resulting from any modifications duly accepted in writing by both parties, in accordance with the provisions of Article 12 below, or the services provided as referred to under Article 1.2 do not reach a satisfactory level, the Council shall consider there to have been a breach of contract and may consequently refuse to pay to the Service Provider/Consultant, in all or in part, the amounts referred to in Article 10 above.
11.2 In the cases described in paragraph 11.1 above, the Council reserves further, at any moment and further to prior notification to the Service Provider/Consultant, the right to terminate the contract. In case of termination, the Council shall pay only the amount corresponding to the services actually and satisfactorily provided at the time of termination of the contract and shall request reimbursement of the sums already paid for services not provided.
11.3 The outstanding sums shall be paid to the Council’s bank account within 60 calendar days from the notification in writing by the Council to the Service Provider/Consultant regarding the outstanding sums to be paid.
Breach and Termination of Contract. 1. In undesirable situations that may occur as a result of the USER's violation of the provisions of this Agreement, if ENGINAR and/or other 3rd parties have suffered any damage, USERS are responsible for meeting and eliminating any possible damage. If ENGINAR determines that the Agreement has been violated, it may immediately unilaterally terminate this Agreement, suspend, temporarily limit, suspend and/or impose other sanctions, without prejudice to its claims arising from this Agreement.
2. The parties may terminate this Agreement at any time. At the time of termination of the Agreement, the claims of the parties (if any) against each other are not affected by the termination of the Agreement.
Breach and Termination of Contract.
26.1 Without prejudice to the right to terminate part of this Contract pursuant to clause 90 or 91 of the Works Terms clause 41 of the Maintenance Terms or any right of termination pursuant to clause 90 or 91 of a CRL Subcontract and/or Additional CRL Subcontract or clause 90 or 91 of any Call-Off Contract and/or the Overarching Employer’s other rights and remedies including its rights at common law, the Overarching Employer may terminate this Contract in its entirety immediately upon giving notice to the Contractor if:
26.1.1 except as provided in and without prejudice to clauses 26.1.4 and
Breach and Termination of Contract. Without prejudice to the Authority’s right to terminate at common law, the Authority may terminate the Contract immediately upon giving notice to the Service Provider if:
Breach and Termination of Contract.
27.1 Without prejudice to TfL’s right to terminate at common law, TfL may terminate the Contract immediately upon giving notice to the Concessionaire if:
27.1.1 except as provided in and without prejudice to Clauses
27.1.2 to 27.1.7, the Concessionaire has committed any material or persistent breach of the Contract and in the case of such a breach that is capable of remedy fails to remedy that breach within 10 Business Days (or such other timeframe as specified in writing by TfL) from the date of written notice to the Concessionaire giving details of the breach and requiring it to be remedied;
Breach and Termination of Contract. If either party commits a non-financial breach of this Contract, then the claiming party shall provide the breaching party with written notice of the default and ten (10) days opportunity to cure, or, in the event of a default which, cannot by its nature be cured within said ten (10) days, commence and diligently pursue cure. If either party commits a financial breach of this Contract, then the claiming party shall provide the breaching party with written notice of the default and two (2) days opportunity to cure. If the breaching party fails to cure, as required herein, then the claiming party shall have all remedies available in law, in equity, and under this Contract. If Owner fails to timely cure a financial breach under this Contract, then All Xxxx’x shall have the immediate right to recover all legal fees, costs, and expenses incurred in collections. The prevailing party in any legal action shall have the right to recover all legal fees, costs, and expenses actually incurred. The remedies provided herein are cumulative and shall not preclude the assertion by any party hereto of any other rights or the seeking of any other remedies against the other party hereto. All Xxxx’x reserves the right to terminate this Contract at any time with or without cause.
Breach and Termination of Contract. 28.1 The Customer shall be deemed to be in breach of his obligations under this contract in any of the following cases, each of which is referred to as a "case of breach": 28-1-1 When the Customer or the sponsor fails to pay the due payments and correct the default during the period granted in the default' notice in accordance with Article (15) (provisions of late payment). 28-1-2 When the Customer violates the terms and conditions contained in the contract' documents in a fundamental way and that breach is not corrected during the period stipulated in this contract or within thirty (30) days from the date the lessor notifies the Customer with this breach in the event that no other period is stipulated in this contract. 28.1-3 When any pledges, representations or guarantees submitted under this contract are substantively incorrect.
Breach and Termination of Contract. 15.1 Where there is a material breach of this Contract by the Service Provider then the School may immediately terminate this Contract by serving written notice on the Service Provider that the Contract has been so terminated.
15.2 The School may immediately terminate this Contract by notice in writing at any time if:
(a) any event or circumstance arise which affect or are likely to affect the ability of the Service Provider to carry out the Service
(b) the Service Provider becomes insolvent or is wound up or is otherwise dissolved or if any administrator or receiver is appointed or being an individual has an interim order to bankruptcy order made against him/her or if the Service Provider makes a composition or arrangement with its creditors or a Liquidator is appointed or if the Service Provider undergoes any reorganisation, transfer or change which detrimentally affects the Service Provider’s ability to deliver the Service.
15.3 In any circumstance other than 14.4, 15.1 and 15.2, either party may terminate this Contract by giving one full terms written notice at any time.
15.4 Upon termination or expiry of this Contract the Service Provider shall return to the School forthwith all Service Products (if applicable).
Breach and Termination of Contract
