Breach of Obligations. The Parties acknowledge that a breach of any of the obligations contained herein would result in injuries. The Parties further acknowledge that the amount of the liquidated damages or the method of calculating the liquidated damages specified in this Agreement is a genuine and reasonable pre-estimate of the damages that may be suffered by the non-defaulting party in each case specified under this Agreement.
Breach of Obligations you do not perform your obligations or you fail to keep any of your promises under a Relevant Document (this includes any Related Security Agreement) and you do not remedy that failure to our satisfaction within 5 business days after we have notified you of that failure, or the Guarantor does not perform his or her (or its) obligations under a Relevant Document and does not remedy that failure to our satisfaction within 5 business days after we have notified him or her (or it) of that failure; or
Breach of Obligations. 4.9.1 The Parties herein agree that during the subsistence of this Agreement, subject to SECI being in compliance of its obligations & undertakings under this Agreement, the SPD would have no right to negotiate or enter into any dialogue with any third party for the sale of Contracted Capacity of power which is the subject matter of this Agreement. It is the specific understanding between the Parties that such bar will apply throughout the entire term of this Agreement.
Breach of Obligations. 23.1 If the Council reasonably considers that the Developer is in breach of any obligation under this Deed, it may give a written notice to the Developer:
23.1.1 specifying the nature and extent of the breach,
23.1.2 requiring the Developer to:
(a) rectify the breach if it reasonably considers it is capable of rectification, or
(b) pay compensation to the reasonable satisfaction of the Council in lieu of rectifying the breach if it reasonably considers the breach is not capable of rectification, 23.1.3 specifying the period within which the breach is to be rectified or compensation paid, being a period that is reasonable in the circumstances.
23.2 If the Developer fails to fully comply with a notice referred to in clause 23.1, the Council may, without further notice to the Developer, call-up the Works Security or Defects Liability Security provided by the Developer under this Deed and apply it to remedy the Developer’s breach notwithstanding any other remedy it may have under this Deed, under any Act or otherwise at law or in equity.
23.3 If the Developer fails to comply with a notice given under clause 23.1 relating to the carrying out of Work under this Deed, the Council may step-in and remedy the breach and may enter, occupy and use any land owned or controlled by the Developer and any Equipment on such land for that purpose.
23.4 Before the Council calls-up the Works Security or Defects Liability Security under clause 23.2 or steps-in to remedy the breach under clause 23.3, it is to (acting reasonably and in good faith) take into consideration any dispute- resolution process which has commenced under clause 20 or 21.
23.5 Any costs necessarily and reasonably incurred by the Council in remedying a breach in accordance with clause 23.2 or clause 23.3 may be recovered by the Council by either or a combination of the following means:
23.5.1 by calling-up and applying the Security provided by the Developer under this Deed, or
23.5.2 as a debt due in a court of competent jurisdiction.
23.6 For the purpose of clause 23.4, the Council’s costs of remedying a breach the subject of a notice given under clause 23.1 include, but are not limited to:
23.6.1 the costs of the Council’s employees, agents and contractors reasonably incurred for that purpose,
23.6.2 all fees and charges necessarily or reasonably incurred by the Council in remedying the breach, and
23.6.3 all legal costs and expenses reasonably incurred by the Council, by reason of the breach.
23.7 Nothing...
Breach of Obligations. 4.8.1 The Parties herein agree that during the subsistence of this Agreement, subject to PGVCL being in compliance of its obligations & undertakings under this Agreement, the SPG would have no right to negotiate or enter into any dialogue with any third party for the sale of Contracted Capacity of power which is the subject matter of this Agreement. It is the specific understanding between the Parties that such bar will apply throughout the entire term of this Agreement.
Breach of Obligations. 14.1 If the Council reasonably considers that the Developer is in breach of any obligation under this Deed, it may give a written notice to the Developer:
14.1.1 specifying the nature and extent of the breach,
14.1.2 requiring the Developer to:
(a) rectify the breach if it reasonably considers it is capable of rectification, or
(b) pay compensation to the reasonable satisfaction of the Council in lieu of rectifying the breach if it reasonably considers the breach is not capable of rectification, 14.1.3 specifying the period within which the breach is to be rectified or compensation paid, being a period that is reasonable in the circumstances.
14.2 If the Developer fails to fully comply with a notice referred to in clause 14.1, the Council may, without further notice to the Developer, call-up the Security provided by the Developer under this Deed and apply it to remedy the Developer’s breach.
14.3 Any costs incurred by the Council in remedying a breach in accordance with clause 14.2 may be recovered by the Council by either or a combination of the following means:
14.3.1 by calling-up and applying the Security provided by the Developer under this Deed, or
14.3.2 as a debt due in a court of competent jurisdiction.
14.4 For the purpose of clause 14.3, the Council’s costs of remedying a breach the subject of a notice given under clause 14.1 include, but are not limited to:
14.4.1 the costs of the Council’s employees, agents and contractors reasonably incurred for that purpose,
14.4.2 all fees and charges necessarily or reasonably incurred by the Council in remedying the breach, and
14.4.3 all legal costs and expenses reasonably incurred by the Council, by reason of the breach.
14.5 Nothing in this clause 14 prevents the Council from exercising any rights it may have at law or in equity in relation to a breach of this Deed by the Developer, including but not limited to seeking relief in an appropriate court.
Breach of Obligations. 4.9.1 The Parties herein agree that during the subsistence of this Agreement, subject to SECI being in compliance of its obligations & undertakings under this Agreement, the HPD would have no right to negotiate or enter into any dialogue with any third party for the sale of Contracted Capacity of power which is the subject matter of this Agreement. It is the specific understanding between the Parties that such bar will apply throughout the entire term of this Agreement.
Breach of Obligations relating to the payment of taxes or social security contributions The counterparty which fails to fulfil his obligations relating to the payment of taxes or social security contributions for an amount in excess of EUR 3.000, except if the counterparty can demonstrate that a contracting authority owes him one or more unquestionable and due debts which are free of all foreseeable liabilities. These debts are at least of an amount equal to the one for which he is late in paying outstanding tax or social charges.
Breach of Obligations. 4.9.1 The Parties herein agree that during the subsistence of this Agreement, subject to SECI being in compliance of its obligations & undertakings under this Agreement, the WPD would have no right to negotiate or enter into any dialogue with any third party for the sale of Contracted Capacity of power which is the subject matter of this Agreement. It is the specific understanding between the Parties that such bar will apply throughout the entire term of this Agreement.
Breach of Obligations. Should the Recipient breach any of its obligations of confidentiality under this Agreement and without prejudice to any right of the GSA to seek damages before any competent jurisdiction, the GSA may, by written notice to the Recipient, withdraw the right of the Recipient to use the Proprietary Information for the Purpose.
