BREACH OF CONTRACT BY THE CUSTOMER Sample Clauses

BREACH OF CONTRACT BY THE CUSTOMER. There is breach of contract by the Customer if the Customer fails to perform its duties under the Agreement. The Contractor shall be entitled to late payment interest pursuant to Clause 3.3 in case of payment delay. Nevertheless, there is no breach of contract if the situation is caused by circumstances on the part of the Contractor, or by force majeure. The Contractor shall give written notice without undue delay after the breach of contract has been discovered or ought to have been discovered.
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BREACH OF CONTRACT BY THE CUSTOMER. 13.1 Should the Customer fail to take or accept delivery of the Deliverables at the agreed place of delivery or meet any other related obligations, and this is not agreed in accordance with condition 9.3, the Customer shall nonetheless pay for (i) the Deliverables and (ii) any costs incurred by the Supplier (hereunder demurrage) due to the breach. In such cases, the Supplier will take care of the Deliverables for the Customer’s account and risk for a reasonable additional period. 13.2 Should the Customer fail to take delivery of the Deliverables after an additional deadline which has been communicated to the Customer, the Supplier may (i) terminate parts or all of the Agreement; (ii) resell the Deliverables at the price readily obtainable or otherwise dispose of part or all of the Deliverables; (iii) and claim compensation for any Losses that the Supplier has suffered as a result of the Customer’s breach of contract. 13.3 The Deliverables shall not be used (i) in the production or processing of illegal crops or substances; or (ii) for any other illegal purposes, If the Deliverables are to be resold, the Customer shall use reasonable efforts to ensure that its customers do not use the Deliverables in any way as prohibited by this condition. 13.4 The Customer shall indemnify and keep indemnified the Supplier and all members of the Yara Group against all Losses incurred by the Supplier and/or Yara Group on a full indemnity basis arising out of, directly or indirectly (i) a breach of or failure to comply with any of its obligations under the Agreement;
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BREACH OF CONTRACT BY THE CUSTOMER. 11.1 If the customer fails to make services available to Xxxx- xxx Security as mentioned in or required by the Agree- ment, and the customer does not within three days from a request by Xxxxxxx Security make the mentioned ser- vices available to Xxxxxxx Security, Xxxxxxx Security may choose to rescind the Agreement and/or claim compensation. 11.2 Any claim for compensation against the customer shall be calculated in accordance with Danish legislation’s rules on Compensation.
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BREACH OF CONTRACT BY THE CUSTOMER. Any breach by the Customer will be subject to the general rules of Danish law, however with the limitations mentioned below. If the Customer fails to meet its payment obligations under this Framework Agreement, then the Laboratory will be entitled to interest in accordance with the provisions of the Danish Interest (Late Payment) Act. The Laboratory is obliged to inform the Customer in writing of any payment default. The Laboratory is not entitled to terminate the Framework Agreement, and may only make monetary claims in the event of a breach. The Customer will not be liable for any operating losses, secondary damage or other indirect losses. The Customer's liability to pay compensation is limited to the total price of the specific order.
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BREACH OF CONTRACT BY THE CUSTOMER. ‌ 12.1 WHAT IS TO BE REGARDED AS BREACH OF CONTRACT BY THE CUSTOMER The Customer is deemed to be in breach of contract in the event that: a) The site of installation has not been prepared according to the Vendor’s specification within the deadline which is prescribed in Appendix 6. b) Payments are not made on time according to Clause 2 and Appendix 8. c) Obligations are not kept with respect to confidentiality according to Clause 5.2 d) The program licence provisions according to Clauses 6.2, 6.3 and 6.4 are infringed. e) The Customer does not otherwise comply with his obligations under this Agreement.
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BREACH OF CONTRACT BY THE CUSTOMER. 12.1. Should the Customer fail to take or accept delivery of the Deliverables at the agreed place of delivery or meet any other related obligations, the Customer shall nonetheless pay for (i) the Deliverables and (ii) any costs incurred by the Company due to the breach. In such cases, the Company will take care of the Deliverables for the Customer’s account and risk for a reasonable additional period. 12.2. Should the Customer fail to take delivery of the Deliverables after an additional deadline which has been communicated to the Customer, the Company may (i) terminate parts or all of the Agreement; (ii) resell the Deliverables at the price readily obtainable or otherwise dispose of part or all of the Deliverables; and (iii) claim compensation for any Losses that the Company has suffered as a result of the Customer’s breach of contract. 12.3. The Deliverables shall not be used for any illegal purposes. If the Deliverables are to be resold, the Customer shall use its reasonable efforts to ensure that its customers do not use the Deliverables in any way as prohibited by this condition. 12.4. The Customer shall indemnify and keep indemnified the Company and all members of the Group against all Losses incurred by the Company and/or the Group on a full indemnity basis arising out of, directly or indirectly: (i) a breach of or failure to comply with any of its obligations under the Agreement; (ii) a defect in the Deliverables due to an act or omission on the part of the Customer or its Representatives;
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BREACH OF CONTRACT BY THE CUSTOMER. 14.1 The Product shall not be used (i) in the production or processing of illicit crops or substances, or (ii) for any other illegal purpose. If the Products are to be resold, the Customer shall use reasonable efforts to ensure that its customers do not use the Products in any manner as prohibited by this clause. 14.2 The Customer shall indemnify the Supplier and all members of the Yara Group and hold them harmless in full against any Damages sustained by the Supplier and/or the Yara Group arising, directly or indirectly, from (i) a breach of or failure to perform its obligations under the Agreement; (ii) defects in the Products resulting from an act or omission by the Customer or its Representatives;
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Related to BREACH OF CONTRACT BY THE CUSTOMER

  • Breach of Contract Claims [Option (Include if University prefers an abbreviated Breach of Contract Claims provision): To the extent that Chapter 2260, Texas Government Code, is applicable to this Agreement and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, will be used by University and Contractor to attempt to resolve any claim for breach of contract made by Contractor that cannot be resolved in the ordinary course of business. The chief business officer of University will examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve the claims. The parties specifically agree (i) neither execution of this Agreement by University nor any other conduct, action or inaction of any representative of University relating to this Agreement constitutes or is intended to constitute a waiver of University’s or the state's sovereign immunity to suit; and (ii) University has not waived its right to seek redress in the courts.] 19.1 To the extent that Chapter 2260, Texas Government Code, as it may be amended from time to time (Chapter 2260), is applicable to this Agreement and is not preempted by other Applicable Laws, the dispute resolution process provided for in Chapter 2260 will be used, as further described herein, by University and Contractor to attempt to resolve any claim for breach of contract made by Contractor: 12.19.1.1 Contractor’s claims for breach of this Agreement that the parties cannot resolve pursuant to other provisions of this Agreement or in the ordinary course of business will be submitted to the negotiation process provided in subchapter B of Chapter 2260. To initiate the process, Contractor will submit written notice, as required by subchapter B of Chapter 2260, to University in accordance with the notice provisions in this Agreement. Contractor's notice will specifically state that the provisions of subchapter B of Chapter 2260 are being invoked, the date and nature of the event giving rise to the claim, the specific contract provision that University allegedly breached, the amount of damages Contractor seeks, and the method used to calculate the damages. Compliance by Contractor with subchapter B of Chapter 2260 is a required prerequisite to Contractor's filing of a contested case proceeding under subchapter C of Chapter 2260. The chief business officer of University, or another officer of University as may be designated from time to time by University by written notice to Contractor in accordance with the notice provisions in this Agreement, will examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve the claims. 12.19.1.2 If the parties are unable to resolve their disputes under Section 12.19.1.1, the contested case process provided in subchapter C of Chapter 2260 is Contractor’s sole and exclusive process for seeking a remedy for any and all of Contractor's claims for breach of this Agreement by University. 12.19.1.3 Compliance with the contested case process provided in subchapter C of Chapter 2260 is a required prerequisite to seeking consent to xxx from the Legislature under Chapter 107,

  • Breach of Contract The failure of the Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event the County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract: a) Terminate the Contract immediately, pursuant to Section K herein; b) Afford the Contractor written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach; c) Discontinue payment to the Contactor for and during the period in which the Contractor is in breach; and d) Offset against any monies billed by the Contractor but yet unpaid by the County those monies disallowed pursuant to the above.

  • Material Breach of Contract In the event Contractor fails to deliver the product and services as contracted for herein, to the satisfaction of the City of Sparks or otherwise fails to perform any provisions of this Contract, the City, after providing five (5) days written notice and Contractor’s failure to cure such breach within the time specified in the notice, may without waiving any other remedy, make good the deficiencies and deduct the actual cost of providing alternative products and/or services from payment due the Contractor. Non-performance after the first notice of non-performance shall be considered a material breach of contract.

  • BREACH OF CONTRACT TERMS The State reserves its right to all administrative, contractual, or legal remedies, including but not limited to suspension or termination of this contract, in instances where the Contractor or any of its subcontractors violate or breach any contract term. If the Contractor or any of its subcontractors violate or breach any contract term, they shall be subject to such sanctions and penalties as may be appropriate. The duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.

  • NO BREACH OF CONTRACT The Executive hereby represents to the Company that: (i) the execution and delivery of this Agreement by the Executive and the performance by the Executive of the Executive’s duties hereunder shall not constitute a breach of, or otherwise contravene, the terms of any other agreement or policy to which the Executive is a party or otherwise bound, except for agreements entered into by and between the Executive and any member of the Group pursuant to applicable law, if any; (ii) that the Executive has no information (including, without limitation, confidential information and trade secrets) relating to any other person or entity which would prevent, or be violated by, the Executive entering into this Agreement or carrying out his duties hereunder; (iii) that the Executive is not bound by any confidentiality, trade secret or similar agreement (other than this) with any other person or entity except for other member(s) of the Group, as the case may be.

  • Release by the Contractor The acceptance by the Contractor of final payment shall release NYSERDA from all claims and liability that the Contractor, its representatives and assigns might otherwise have relating to this Agreement.

  • Breach of Agreement Failure by the party to comply with or perform any agreement or obligation (other than an obligation to make any payment under this Agreement or delivery under Section 2(a)(i) or 2(e) or to give notice of a Termination Event or any agreement or obligation under Section 4(a)(i), 4(a)(iii) or 4(d)) to be complied with or performed by the party in accordance with this Agreement if such failure is not remedied on or before the thirtieth day after notice of such failure is given to the party;

  • Liability for Breach of Contract 1. Party A and Party B shall strictly perform the terms stipulated in the agreement. If one party breaches the contract, the breaching party shall bear the liability for breach of contract according to the contract. 2. If the product is delivered by Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A; 3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses. 4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A; 5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B; 6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profit.

  • Indemnification by the Custodian The Custodian agrees to indemnify the Issuer, the Owner Trustee, the Trust Collateral Agent and the Trustee for any and all liabilities, obligations, losses, damage, payments, costs or expenses of any kind whatsoever (including the fees and expenses of counsel) that may be imposed on, incurred or asserted against the Issuer, the Owner Trustee, the Trust Collateral Agent and the Trustee and their respective officers, directors, employees, agents, attorneys and successors and assigns as the result of any act or omission in any way relating to the maintenance and custody by the Custodian of the Receivable Files; provided, however, that the Custodian shall not be liable for any portion of any such liabilities, obligations, losses, damages, payments or costs or expenses due to the Issuer’s, the Owner Trustee’s, the Trust Collateral Agent’s or the Trustee’s or the officers’, directors’, employees’ and agents’ thereof own willful misfeasance, bad faith or gross negligence. In no event shall the Custodian be liable to any third party for acts or omissions of the Custodian.

  • Breach of Representations and Warranties by the Company If the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer pursuant to this Agreement, it will be considered an Event of default under Section 3.4 of the Note.

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