BREACH BY PROVIDER Clause Samples
The 'Breach by Provider' clause defines the consequences and procedures that apply if the service provider fails to meet its contractual obligations. Typically, this clause outlines what constitutes a breach, such as missed deadlines, substandard performance, or failure to deliver agreed-upon services, and may specify remedies like the right to demand correction, withhold payment, or terminate the contract. Its core function is to protect the client by establishing clear recourse in the event of provider non-compliance, thereby allocating risk and ensuring accountability.
BREACH BY PROVIDER. It is mutually agreed the breach of this Agreement on Provider's part will result in irreparable and continuing damage to MPS for which money damages may not provide adequate relief. Therefore, the breach of this Agreement on Provider's part shall entitle MPS to both preliminary and permanent injunctive relief and money damages insofar as they can be determined under the circumstances.
BREACH BY PROVIDER. In the event of any delay in the provision of the services and/or in the sale, transfer, and delivery of the goods subject to this instrument, as applicable, Provider shall pay Client as liquidated damages, an amount equal to 0.5% (half percent) of the relevant consideration, per each week of delay, which shall be paid by Provider on a weekly basis, at Client’s option: (i) directly by Provider through a check or electronic wire transfer of immediately available funds to the account established by Client for such purposes, (ii) through a discount made by Client to future payments on its behalf derived from this instrument, through the operation of compensation, without requiring Provider´s authorization, who hereby authorizes Client, for all applicable legal effects, that Provider may compensate any debt to its favor as provided in this item (ii), or (iii) through the documentation of one or more credit notes in favor of Client. In addition to the provisions of the immediately above paragraph, in the event of breach by Provider its obligations undertaken hereunder, in the Cover sheet hereto and/or in the exhibit(s) hereof, Client shall be entitled to claim the specific performance of the obligations to be performed by Provider, or the termination (including the Cover sheet hereto and/or at the exhibit(s) hereof), and in both cases, the payment of damages.