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Common use of Breach Clause in Contracts

Breach. 25.1 Should either Party (the “defaulting party”) breach any of the provisions of the Agreement and the breach is material or the defaulting party fails to remedy that breach within 14 (fourteen) Business Days after receipt of a written notice from the non-defaulting party, requiring it to remedy that breach, the non-defaulting party will be entitled, without prejudice to any remedies which it may otherwise have in terms of the Agreement or at law, to immediately terminate the Agreement on the occurrence of the material breach or on the expiry of the 14 (fourteen) Business Day period as the case may be. 25.2 Either Party may, without prejudice to any other rights herein, at any time and by giving 14 (fourteen) days written notice, forthwith terminate the Agreement if: 25.2.1 either Party have any reason to reasonably believe that either of you or anyone employed by either of you or acting on your behalf, whether with or without your knowledge, engages in a fraudulent practice in connection with the Agreement; or 25.2.2 either Party commits an act of insolvency, or initiates business rescue proceedings, or is placed under a provisional or final winding up, or reaches a compromise with creditors. 25.3 The termination of the Agreement, for whatever reason, will not affect the rights of either Party which may have accrued as at the date of termination and will further not affect any rights which specifically or by their nature survive the termination of the Agreement or any rights in law, including but not limited to the right to claim damages, specific performance or an interdict.

Appears in 146 contracts

Samples: License Agreement, License Agreement, License Agreement

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Breach. 25.1 23.1 Should either Party (the “defaulting party”) breach any of the provisions of the Agreement and the breach is material or the defaulting party fails to remedy that breach within 14 (fourteen) Business Days after receipt of a written notice from the non-defaulting party, requiring it to remedy that breach, the non-defaulting party will be entitled, without prejudice to any remedies which it may otherwise have in terms of the Agreement or at law, to immediately terminate the Agreement on the occurrence of the material breach or on the expiry of the 14 (fourteen) Business Day period as the case may be. 25.2 23.2 Either Party may, without prejudice to any other rights herein, at any time and by giving 14 (fourteen) days written notice, forthwith terminate the Agreement if: 25.2.1 23.2.1 either Party have any reason to reasonably believe that either of you or anyone employed by either of you or acting on your behalf, whether with or without your knowledge, engages in a fraudulent practice in connection with the Agreement; or 25.2.2 23.2.2 either Party commits an act of insolvency, or initiates business rescue proceedings, or is placed under a provisional or final winding up, or reaches a compromise with creditors. 25.3 23.3 The termination of the Agreement, for whatever reason, will not affect the rights of either Party which may have accrued as at the date of termination and will further not affect any rights which specifically or by their nature survive the termination of the Agreement or any rights in law, including but not limited to the right to claim damages, specific performance or an interdict.

Appears in 4 contracts

Samples: Licence Agreement, Licence Agreement, License Agreement

Breach. 25.1 Should either Party (the “defaulting party”³GHIDXOWL) breach any of the QbrJea chSaDnyUofWth\e ´provisions of the Agreement and the breach is material or the defaulting party fails to remedy that breach within 14 (fourteen) Business Days after receipt of a written notice from the non-defaulting party, requiring it to remedy that breach, the non-defaulting party will be entitled, without prejudice to any remedies which it may otherwise have in terms of the Agreement or at law, to immediately terminate the Agreement on the occurrence of the material breach or on the expiry of the 14 (fourteen) Business Day period as the case may be. 25.2 Either Party may, without prejudice to any other rights herein, at any time and by giving 14 (fourteen) days written notice, forthwith terminate the Agreement if: 25.2.1 either Party have any reason to reasonably believe that either of you or anyone employed by either of you or acting on your behalf, whether with or without your knowledge, engages in a fraudulent practice in connection with the Agreement; or 25.2.2 either Party commits an act of insolvency, or initiates business rescue proceedings, or is placed under a provisional or final winding up, or reaches a compromise with creditors. 25.3 The termination of the Agreement, for whatever reason, will not affect the rights of either Party which may have accrued as at the date of termination and will further not affect any rights which specifically or by their nature survive the termination of the Agreement or any rights in law, including but not limited to the right to claim damages, specific performance or an interdict.

Appears in 2 contracts

Samples: License Agreement, License Agreement

Breach. 25.1 24.1 Should either Party (the “defaulting party”) breach any of the provisions of the Agreement and the breach is material or the defaulting party fails to remedy that breach within 14 (fourteen) Business Days after receipt of a written notice from the non-defaulting party, requiring it to remedy that breach, the non-defaulting party will be entitled, without prejudice to any remedies which it may otherwise have in terms of the Agreement or at law, to immediately terminate the Agreement on the occurrence of the material breach or on the expiry of the 14 (fourteen) Business Day period as the case may be. 25.2 24.2 Either Party may, without prejudice to any other rights herein, at any time and by giving 14 (fourteen) days written notice, forthwith terminate the Agreement if: 25.2.1 24.2.1 either Party have any reason to reasonably believe that either of you or anyone employed by either of you or acting on your behalf, whether with or without your knowledge, engages in a fraudulent practice in connection with the Agreement; or 25.2.2 24.2.2 either Party commits an act of insolvency, or initiates business rescue proceedings, or is placed under a provisional or final winding up, or reaches a compromise with creditors. 25.3 24.3 The termination of the Agreement, for whatever reason, will not affect the rights of either Party which may have accrued as at the date of termination and will further not affect any rights which specifically or by their nature survive the termination of the Agreement or any rights in law, including but not limited to the right to claim damages, specific performance or an interdict.

Appears in 2 contracts

Samples: License Agreement, License Agreement

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Breach. 25.1 22.1 Should either Party (the “defaulting party”) breach any of the provisions of the Agreement and the breach is material or the defaulting party fails to remedy that breach within 14 (fourteen) Business Days after receipt of a written notice from the non-defaulting party, requiring it to remedy that breach, the non-defaulting party will be entitled, without prejudice to any remedies which it may otherwise have in terms of the Agreement or at law, to immediately terminate the Agreement on the occurrence of the material breach or on the expiry of the 14 (fourteen) Business Day period as the case may be. 25.2 22.2 Either Party may, without prejudice to any other rights herein, at any time and by giving 14 (fourteen) days written notice, forthwith terminate the Agreement if: 25.2.1 22.2.1 either Party have any reason to reasonably believe that either of you or anyone employed by either of you or acting on your behalf, whether with or without your knowledge, engages in a fraudulent practice in connection with the Agreement; or 25.2.2 22.2.2 either Party commits an act of insolvency, or initiates business rescue proceedings, or is placed under a provisional or final winding up, or reaches a compromise with creditors. 25.3 22.3 The termination of the Agreement, for whatever reason, will not affect the rights of either Party which may have accrued as at the date of termination and will further not affect any rights which specifically or by their nature survive the termination of the Agreement or any rights in law, including but not limited to the right to claim damages, specific performance or an interdict.

Appears in 2 contracts

Samples: License Agreement, License Agreement

Breach. 25.1 Should either Party (the “defaulting party”) breach any of the provisions of the Agreement and the breach is material or the defaulting party fails to remedy that breach within 14 (fourteen) Business Days after receipt of a written notice from the non-defaulting party, requiring it to remedy that breach, the non-defaulting party will be entitled, without prejudice to any remedies which it may otherwise have in terms of the Agreement or at law, to immediately terminate the Agreement on the occurrence of the material breach or on the expiry of the 14 (fourteen) Business Day period as the case may be. 25.2 Either Party may, without prejudice to any other rights herein, at any time and by giving 14 (fourteen) days written notice, forthwith terminate the Agreement if: 25.2.1 either Party have any reason to reasonably believe that either of you or anyone employed by either of you or acting on your behalf, whether with or without your knowledge, engages in a fraudulent practice in connection with the Agreement; or 25.2.2 either Party commits an act of insolvency, or initiates business rescue proceedings, or is placed under a provisional or final winding up, or reaches a compromise with creditors. 25.3 The termination of the Agreement, for whatever reason, will not affect the rights of either Party which may have accrued as at the date of termination and will further not affect any rights which specifically or by their nature survive the termination of the Agreement or any rights in law, including but not limited to the right to claim damages, specific performance perform ance or an interdict.

Appears in 1 contract

Samples: License Agreement

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