Breaches of Agreement. Hexcel’s obligation to make payments to Employee hereunder is subject to the further conditions precedent (a) that Employee has not breached or violated any term, convenant or provision of this Agreement, including, without limitation, those set forth in Section 3.2, and (b) Employee has not engaged in any of the acts mentioned in Section 4.2 while an employee of Hexcel, which acts are discovered subsequent to Employee’s retirement or other termination of employment. In case of any such breach or violation under clause (a) or if Employee has engaged in the acts referred to in clause (b) all of Employee’s rights and benefits hereunder shall terminate.
Breaches of Agreement. Breaches defined 21.2 Injunctive relief
Breaches of Agreement. The Parties expressly understand that both direct and indirect breaches of the provisions of this Agreement are proscribed. Therefore, the Settling Claimants, PG&E Corporation, their respective Releasors, and Edison International, on the one hand, and the El Paso Releasors, on the other hand, covenant that each will not institute or prosecute, against the other or their respective Releasees any action or other proceeding based in whole or in part upon their respective Claims released by this Agreement, except as expressly permitted in Paragraph 5 of this Agreement.
Breaches of Agreement. 21.1 The Developer shall be deemed to be in breach of this agreement if there is:
(i) failure to commence construction of the works and services contemplated by the plans, the additional plans, and this agreement, within the time contemplated in this agreement;
(ii) failure to complete construction of the works and services contemplated by the plans, the additional plans, and this agreement, within the time contemplated by this agreement;
(iii) failure to remedy any defect in construction of the said works and services, within the time contemplated by this agreement;
(iv) failure to properly maintain the said works and services as per this agreement;
(v) failure to install and maintain adequate siltation control devices;
(vii) unauthorized use of underground services;
(viii) failure to ensure that the contractors and builders use the designated construction access for the plan of subdivision, to the extent applicable;
(ix) failure to keep the roads in the plan of subdivision:
(a) free of mud, dust and debris;
(b) clear of obstructions;
(c) free from the storage of goods and materials; and,
(d) clear for the free flow of traffic for emergency vehicles and the general public;
(x) cancellation of any security given to guarantee performance of this agreement by the person, corporation or other body issuing such security;
(xi) cancellation of the liability insurance policy deposited by the Developer with the Township pursuant to the terms of this agreement,
(xii) any other breach of the plans, additional plans, or this agreement; and the period for curing or commencing to cure the breach, if any, has expired as set out in this Agreement. Notwithstanding anything in this agreement to the contrary, if the Township is of the opinion that the Developer is in breach of this agreement, the Township shall notify the Developer of such breach, stipulating in such notice the particulars of the breach and the action required by the Developer to remedy the breach. The Developer shall be permitted five (5) days from the Developer’s receipt of the said notice to cure the breach, or, if the breach cannot reasonably be cured within such period, to commence to cure the breach and to proceed diligently thereafter to cure the breach, during which time the Developer shall not be in breach of this agreement. The Township may undertake emergency repairs without providing the notice referred to above.
Breaches of Agreement. The Parties expressly understand that both direct and indirect breaches of the provisions of this Agreement are proscribed. Therefore, the Settling Claimants covenant that each will not institute or prosecute, directly or indirectly, any action or other proceeding based in whole or in part upon their respective Claims released by this Agreement, except as expressly permitted in Paragraph 5.2 of this Agreement.
Breaches of Agreement. 5.1 The Applicant agrees that Misuse by the Applicant or by a Project Member is a fundamental breach of this Agreement.
5.2 Unauthorized access to, use, modification of use, unauthorized destruction or disposal, or unauthorized disclosure of PSBC Information provided under this Agreement is a fundamental breach of this Agreement and may result in termination of the Agreement by PSBC, at the sole discretion of PSBC.
5.3 The Applicant must immediately investigate any situation in which there are reasonable grounds to believe that compliance with the terms of this Agreement and with the security standards approved by PSBC pursuant to this Agreement have been or is likely to be breached. This includes, but is not limited to, any case in which it is alleged, suspected, or there is evidence that there has been unauthorized access to, use, disclosure or modification of PSBC Information, modification of a permitted use of PSBC Information provided under this Agreement, misuse of PSBC Information, a breach of confidentiality or any incident that might jeopardize or has jeopardized the security or integrity of Applicant’s storage or computer facilities.
5.4 The Applicant must immediately advise PSBC of any of the events described in paragraph 5.3 of this Agreement, and provide a detailed written report of the circumstances and of any remedial actions taken, as soon as is reasonably possible after the occurrence of the event.
5.5 Upon being notified, under Article 5.4 of this Agreement, of an instance of Misuse of the PSBC Information, breach of confidentiality, of computer or network security breach, PSBC may do any of the following:
a) Review the steps the Applicant proposes to take to address or prevent a recurrence of the Misuse;
b) Direct the Applicant to take steps specified by PSBC to prevent a recurrence of the Misuse, and the Applicant shall comply with any such directions to the satisfaction of PSBC;
c) Notify the Office of the Information and Privacy Commissioner of BC and provide that Office with a copy of any documentation;
d) Initiate an audit or require a further investigation, and cause an auditor or investigator it appoints to enter and inspect the Applicant’s premises and produce records relating to the Misuse, and despite Article 5.7, an audit or investigation commenced under this provision is not limited to normal business hours and notice to the Applicant’s is not required;
e) Immediately suspend the disclosure of PSBC Information to the Applican...
Breaches of Agreement. 18.1) The Municipality may terminate this Agreement should the Service Provider or any of its agents make themselves guilty of misconduct in terms of the code of conduct of their profession or if the Service Provider acts dishonestly or contrary to the integrity which is required by its profession, provided that the relevant Professional Body responsible for such Profession has made such a finding and all appeals and / or reviews against such finding have been finalized.
18.2) In the event of any breach by the Local Municipality of the terms and conditions of this Agreement, and in the event of the Prince Xxxxxx Municipality remaining in default after ten (10) day’s written notice to the Municipality calling for rectification of such breach, the Service Provider shall be entitled to:
(a) enforce strict compliance with the terms and conditions of the Agreement;
18.3) If, owing to circumstances beyond the control of the Service Provider (other than Force majeure as set out above) it becomes impossible for the Service Provider to fulfill any of its obligations in terms of this Agreement, the Municipality, upon receipt of written request from the Service Provider, shall consider granting the Service Provider the necessary permission to defer such performance for such period as is required under the circumstances, which permission shall not be unreasonably withheld.
18.4) In the event of the Municipality granting the Service Provider permission to defer performance as provided above, it is specifically recorded that the Service Provider shall not be entitled to payment thereof until the particular obligations have been discharged fully.
Breaches of Agreement. OlympuSAT and IMG each agrees to indemnify, defend, and hold harmless the other party, its parent, subsidiary and affiliated companies and entities and their respective officers, directors, employees and agents from and against any and all damages, liabilities, costs and expenses (including reasonable Attorneys' Fees) arising out of any breach of any of its respective representations or obligations pursuant to this Agreement. The provisions of this Section 9.1 shall apply, without limitation, to claims brought by either party hereto against the other. If either OlympuSAT or IMG brings an action against the other in order to enforce any provision of this Agreement, the prevailing party shall be entitled to recover its reasonable Attorneys' Fees in addition to any other available remedy.
Breaches of Agreement. 1. This agreement shall be deemed violated and breached if any of the following occur.
a. Intentional damage is done to the monitoring equipment.
b. Any attempt is made to defeat monitoring.
c. I am arrested or commit any criminal offense.
d. Battery levels falls below 30% of full charge
e. I leave the jurisdiction of the court or enter areas that are “off limits”.
f. I enter any tub, pool, or other body of water. You may shower with equipment.
g. I violate any other term of this agreement, Court order, The Triton Group EHM or Triton Recovery INC.
2. I understand that if I breach this Agreement, TGEHM may immediately remove me from the Electronic Monitoring Program. I further understand that a breach of this agreement may result in the filing of a probation/bail release Violation Report, petition to Revoke Probation/Bail release.
3. I ALSO UNDERSTAND THAT IF FOR ANY REASON I OR TGEHM TERMINATE MY LEASE EARLY I AM RESPONSIBLE FOR THE FULL AMOUNT OF THE CONTRACT BILLED.
1. GPS unit 1275.00 2. Charger 150.00
Breaches of Agreement. 21.1 The Developer shall be deemed to be in breach of this agreement if there is:
(i) failure to commence construction of the works and services contemplated by the plans, the additional plans, and this agreement, within the time contemplated in this agreement;
(ii) failure to complete construction of the works and services contemplated by the plans, the additional plans, and this agreement, within the time contemplated by this agreement;
(iii) failure to remedy any defect in construction of the said works and services, within the time contemplated by this agreement;
(iv) failure to properly maintain the said works and services as per this agreement;
(v) failure to install and maintain adequate siltation control devices;
