Common use of Cancellation Clause Clause in Contracts

Cancellation Clause. If the PURCHASER fails to – 10.1 Make any payments punctually on due date;or 10.2 Comply punctually with any other provision of this agreement; and should remain in such default 7 (SEVEN) days after despatch by the SELLER of written notice (by fax, email or other means), demanding proper performance, the SELLER shall be entitled without any further notice: - 10.2.1 To Claim the full purchase price (or the balance thereof) in terms of this Agreement together with interest of prime plus 5% per annum as from the date of the PURCHASER’S DEFAULT, without prejudice to any claim for damages which he may have against the PURCHASER; or alternatively. 10.2.2 To cancel this agreement. In the event of cancellation for whatever reason the SELLER shall be entitled to resume immediate possession of the property and to eject the PURCHASER and/or persons occupying it. Should the sale be cancelled in terms of this Clause, the PURCHASER shall forfeit all payments to the SELLER in terms of this agreement as liquidated damages. Alternatively, the SELLER shall be entitled to claim damages from the PURCHASER in lieu of the liquidated damages referred to above. 10.3 Should the SELLER or his authorized agent hand over a written notice, in respect of which an acknowledgement of receipt is obtained, claiming compliance of his obligations in terms of this agreement within 7 (SEVEN) days after receiving same, the provisions of Clause 10.2 will apply mutatis mutandis. 10.4 Should this contract be cancelled by agreement, the PURCHASER shall remain liable for the costs incurred which costs cannot be recovered from a subsequent PURCHASER. The PURCHASER shall also be liable for occupational interest for the period during which the property is unoccupied. The deposit or a part thereof shall be used; for such purpose. 10.5 Should the sale be cancelled after complying with par 2.1 due to the failure of the PURCHASER in carrying out any of the obligations hereunder, the PURCHASER shall be liable to the SELLER for payment on demand of a cancellation fee of 5% of the selling price, as wasted costs plus Agents Commission.

Cancellation Clause. At Will: This contract may be canceled by either party with a thirty (30) day written notice; Notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. For Breach: The Institution’s Rights; The Institution shall have the right, though is not required, to terminate this contract if the Caterer fails to comply with the contract’s requirements. Upon election of its right to terminate the contract, the Institution or Facility shall notify the Caterer. Such notification must be in writing stating the specific instances of non-compliance with the terms and conditions of the contract. The Institution must await the Caterer’s specific corrective action plan for 24 hours after the Caterer receives the Institution’s written demand. If the PURCHASER Caterer fails to – 10.1 Make implement corrective action within 24 hours of the Institution’s notification, the Institution shall have the right, upon written notice, to immediately terminate the contract and the Caterer shall be liable for any payments punctually on due date;or 10.2 Comply punctually with damages incurred by the Institution. The Institution shall by written notice to the Caterer terminate the right of the Caterer to proceed under this contract if the Institution finds that gratuities in the form of entertainment, or gifts, or if any other provision thing of value was offered or given by the Caterer to any officer or employee of the Institution with a view toward securing a contract or securing favorable treatment with respect to the awarding, amending or the Caterer’s conduct under the contract. The Caterer’s rights; The Caterer may terminate this contract if the Institution fails to comply with the requirements of this agreement; contract. Upon election of its right to terminate the contract, the Caterer shall notify the Institution. Such notification must be in writing stating the specific instances of non-compliance with the terms and should remain in such default 7 (SEVEN) days conditions of the contract. The Caterer must await the Institution’s corrective action plan for 24 hours after despatch the Institution receives the Caterer’s written demand. If the Institution fails to implement corrective action within 24 hours of the Caterer’s notification, the Caterer shall have the right, upon written notice, to immediately terminate the contract and the Institution shall be liable for any damages incurred by the SELLER Caterer. Additional condition for termination for failure to pay for catering services; These conditions are in addition to all stated terms for termination and apply expressly to the situation in which the Institution fails to pay the Caterer as agreed under this contract. Caterers shall retain the right under the laws of written notice (by faxKentucky to seek payment for all services delivered under this contract. The parties agree that the Caterer shall waive its right to seek action through the State Agency under this contract if it continues to provide services beyond the date when the Institution has failed to make full payment for services and is 60 days or more late in paying for services under this contract. Resolution of disputes; The parties to the contract shall attempt to resolve disputes under this contract through mutual agreed mediation. Should mediation fail, email or other means), demanding proper performance, the SELLER disputes shall be entitled without any further noticeresolved under the laws of Kentucky. Regardless of resolution, costs or expenses for which the Institution subsequently accepts or is assigned liability shall not be paid from CACFP reimbursement funds unless those costs or expenses have been previously approved by the State Agency for reimbursement. For lack of availability of Funds: - 10.2.1 To Claim The Institution shall have the full purchase price (or option to cancel the balance thereof) contract for lack of funds as described in terms of this Agreement together with interest of prime plus 5% per annum as from the date of the PURCHASER’S DEFAULT, without prejudice to any claim for damages which he may have against the PURCHASER; or alternatively. 10.2.2 To cancel this agreementsection. In the event of cancellation for whatever reason of the SELLER contract, the Institution shall be entitled responsible for meals that have been delivered to resume immediate possession of the property and to eject the PURCHASER and/or persons occupying itits Facility. Should the sale The contract may be cancelled under this provision if: The Institution is not approved by the State Agency to participate in terms of this Clause, the PURCHASER shall forfeit all payments to Child and Adult Care Food Program; The Institution is terminated or suspended by the SELLER in terms of this agreement as liquidated damages. Alternatively, the SELLER shall be entitled to claim damages State Agency from the PURCHASER in lieu of Child and Adult Care Food Program; The Institution’s funding sources including participant payment, charity and similar fund raising activity fail to provide sufficient resource to continue the liquidated damages referred Institution’s operation; or The funds to above. 10.3 Should support the SELLER or his authorized agent hand over a written notice, in respect of which an acknowledgement of receipt is obtained, claiming compliance of his obligations in terms of this agreement within 7 (SEVEN) days after receiving same, the provisions of Clause 10.2 will apply mutatis mutandis. 10.4 Should this contract be cancelled by agreement, the PURCHASER shall remain liable for the costs incurred which costs canChild and Adult Care Food Program are not be recovered from a subsequent PURCHASER. The PURCHASER shall also be liable for occupational interest for the period during which the property is unoccupied. The deposit or a part thereof shall be used; for such purpose. 10.5 Should the sale be cancelled after complying with par 2.1 available due to the failure of the PURCHASER in carrying out any of the obligations hereunder, the PURCHASER shall be liable to the SELLER for payment on demand of a cancellation fee of 5% of the selling price, as wasted costs plus Agents Commissionfederal or state budget constraints.

Cancellation Clause. If 19.1 In the PURCHASER fails to – 10.1 Make event of the rental or any payments punctually part thereof not being paid on due date;or 10.2 Comply punctually with date, or if the Lessee should violate or fail to observe any other provision conditions of this agreement; and the Deed of Lease or Conduct Rules, or if the Lessee should remain surrender his estate or it be sequestrated or the Lessee be placed in such default liquidation, provisionally or otherwise, the Lessor shall be entitled forthwith by way of 7 (SEVEN) days after despatch by days’ written notice: 19.1.1 to cancel this Deed of Lease with immediate effect, replace all locks of the SELLER Premises at the cost of written notice the Lessee to evict the Lessee and/or any person or persons who occupy the leased Premises on his behalf or who may be on the leased Premises and to take possession of the leased Premises without prejudice to the Lessor’s rights; 19.1.2 to claim arrear rental, together with interest thereon at the rate of 15 % (by fax, email FIFTEEN PER CENT) per annum from date of default until date of payment and a collection commission of 10% (TEN PER CENT) on such arrear rentals; or other means), demanding proper performance, the SELLER shall be entitled without any further notice: -alternatively 10.2.1 To Claim 19.1.3 to claim payment of the full purchase price (or balance of the balance thereof) rental which in terms of this Agreement together with interest Deed of prime plus 5% per annum Lease is or may become payable subject to the right of the Lessor to claim payment of any other amounts which may be due as compensation for damages to the leased Premises or damages resulting from the date breach of this Deed of Lease by the PURCHASER’S DEFAULT, without prejudice to any claim for damages which he may have against the PURCHASER; or alternativelyLessee. 10.2.2 To cancel this agreement. 19.2 In the event that the Agreement of cancellation for whatever reason Lease is cancelled due to a breach of contract by the SELLER shall be entitled to resume immediate possession of the property and to eject the PURCHASER and/or persons occupying it. Should the sale be cancelled in terms of this ClauseLessee, the PURCHASER Lessee shall forfeit all payments to the SELLER in terms of this agreement as liquidated damages. Alternatively, the SELLER shall be entitled to claim damages from the PURCHASER in lieu of the liquidated damages referred to above. 10.3 Should the SELLER or his authorized agent hand over a written notice, in respect of which an acknowledgement of receipt is obtained, claiming compliance of his obligations in terms of this agreement within 7 (SEVEN) days after receiving same, the provisions of Clause 10.2 will apply mutatis mutandis. 10.4 Should this contract be cancelled by agreement, the PURCHASER shall remain liable for the costs incurred which costs cannot be recovered from a subsequent PURCHASER. The PURCHASER shall also be liable for occupational interest for certain penalties/cancellation fees and be required to adhere to certain conditions, as set out more precisely in the period during which the property is unoccupied. The deposit or a part thereof shall be used; for such purposeCancellation of Lease Agreement – annexed hereto as ANNEXURE “B”. 10.5 19.3 Should the sale be cancelled after complying with par 2.1 due to the failure Lessee remain in occupation of the PURCHASER leased Premises after the Deed of Lease was cancelled in carrying out any of the obligations hereunder, aforesaid manner; the PURCHASER Lessee shall be liable for rental for the duration of the occupation as liquidated damages payable to the SELLER for payment on demand of a cancellation fee of 5% Lessor. The Lessee(s) herewith confirm that he/she/they has/have read and understand the terms of the selling price, as wasted costs plus Agents Commission.CANCELLATION CLAUSE – refer to ANNEXURE B.

Cancellation Clause. Tenant may at its option cancel this Lease only by giving Landlord a certified letter prior to December 26, 2000. If Landlord does not receive certified letter prior to December 26, 2000 the PURCHASER fails Lease shall be deemed in full force for the full length of Lease as provided herein. The Minimum Rent during each Lease Year of the Renewal Period shall increase as set out below and shall include additional rent for the drive thru facility as agreed to – 10.1 Make by the parties. RENEWAL PERIOD; Increase annually according to CPI. At the end of each Lease Year during the Term of any payments punctually renewal hereof, the next year's Minimum Rent shall be an amount equal to the then amount of Minimum Rent as increased by any rental adjustment hereunder, payable during the prior Lease Year, multiplied by a fraction, the numerator of which is the Consumer Price Index for the first month of the then current Lease Year and the dominator of which is the Consumer Price Index for the first month of the immediately preceding Lease Year or 3% which ever is greater not in excess of 6% plus additional rent on due date;or 10.2 Comply punctually with Exhibit "C". Written notice of the intent to exercise this renewal option must be delivered by Tenant to Landlord at lease six (6) months prior to the expirations of the term hereof, or any renewals thereof, or such option shall be considered unexercised and thereof null and void. The option shall be considered null and void if Tenant is more than ten (10) days late two (2) or more times in any twelve (12) month period in the payment of rental charges required by this Lease to be paid by Tenant, or if Tenant commits any other provision of this agreement; and should remain in such default 7 (SEVEN) days after despatch by under the SELLER of written notice (by fax, email or other means), demanding proper performance, the SELLER shall be entitled without any further notice: - 10.2.1 To Claim the full purchase price (or the balance thereof) in terms of this Agreement together with interest Lease, or upon the expiration or earlier termination of prime plus 5% per annum as this Lease for any reason. If Tenant is in default under the terms and provisions of this Lease, Tenant shall have no right to renew the term of this lease during the time commencing from the date Landlord gives to Tenant a notice of default under the Lease and continuing until the default alleged is said notice is cured. The period of time within which said renewal option may be exercised shall not be extended or enlarged by reason of the PURCHASER’S DEFAULTinability of Tenant to exercise said renewal options because of such default. Notwithstanding any provision herein to the contrary, without prejudice to any claim for damages which he may have against the PURCHASER; or alternatively. 10.2.2 To cancel this agreement. In the event of cancellation for whatever reason the SELLER shall be entitled to resume immediate possession term of the property Lease shall not be renewed as herein provided, if at any time following the exercise by the Tenant of the renewal option herein granted, Tenant under the Lease and Landlord has elected to eject terminate the PURCHASER and/or persons occupying it. Should Lease as a result of such default in accordance with the sale be cancelled in terms and provisions of this Clause, the PURCHASER shall forfeit all payments to the SELLER in terms of this agreement as liquidated damagesLease. Alternatively, the SELLER shall be entitled to claim damages from the PURCHASER in lieu of the liquidated damages referred to above. 10.3 Should the SELLER or his authorized agent hand over a written notice, in respect of which an acknowledgement of receipt is obtained, claiming compliance of his obligations in terms of this agreement within 7 (SEVEN) days after receiving same, the provisions of Clause 10.2 will apply mutatis mutandis. 10.4 Should this contract be cancelled by agreement, the PURCHASER shall remain liable for the costs incurred which costs cannot be recovered from a subsequent PURCHASER. The PURCHASER shall also be liable for occupational interest for the period during which the property is unoccupied. The deposit or a part thereof shall be used; for such purpose. 10.5 Should the sale be cancelled after complying with par 2.1 due to the failure of the PURCHASER in carrying out any of the obligations hereunder, the PURCHASER shall be liable to the SELLER for payment on demand of a cancellation fee of 5% of the selling price, as wasted costs plus Agents Commission.EXHIBIT D

Cancellation Clause. In default of payment in whole or in part of a single rent period on the due date thereof, or of reimbursement of expenses, charges, or services incidental thereto, or of execution of any of the conditions of this lease that are mandatory, and one month after a simple order to pay or a summons containing a declaration by the Lessor of its intent to invoke this clause remains without effect, this lease shall be canceled ipso jure if deemed necessary by the Lessor, without the need to take any legal action. If the PURCHASER fails Lessee refuses to – 10.1 Make any payments punctually on due date;or 10.2 Comply punctually with any other provision of this agreement; and should remain in such default 7 (SEVEN) days after despatch vacate the premises, it may be evicted without delay via a simple urgent ipso jure enforceable order handed down by the SELLER President of written notice (the MEAUX Departmental Court. Without prejudice to the provisions of xxx above paragraph, it is expressly agreed by fax, email the parties and the Lessee accepts without exception or other means), demanding proper performancereservation that: - in the event of total or partial nonpayment of the rent and/or charges under the terms agreed upon, the SELLER unpaid sums shall be entitled without any further notice: - 10.2.1 To Claim bear interest at the full purchase price (or bank base rate plus four points for the balance thereof) in terms of this Agreement together with interest of prime plus 5% per annum as current period from the due date to the date of actual payment, whether or not the PURCHASER’S DEFAULTLessor has delivered a formal notice; - in the event of total or partial nonpayment of the rent and/or charges under the terms agreed upon, the Lessee must pay the Lessor intervention charges on unpaid amounts, i.e., 5% before taxes of the unpaid amounts, with a minimum of FF 500 per monthly installment wholly or partially unpaid; - if the Lessor is deprived of any right of occupation, does not remove from the premises all of the occupants, its manager, and/or all furniture and goods, resists any eviction order, [or] obtains by legal means delays for its departure, it must pay for each day of delay, in addition to the other charges, an irreducible conventional indemnity equal to twice the daily rent, until complete removal and return of keys, said indemnity being intended to compensate the Lessor for the damage caused by the occupation of the premises; - in all cases, the Lessee must reimburse to the Lessor, upon the first request, all expenses, duties, and fees incurred for any proceedings against the Lessee, its assignees, occupants, and its manager for the recovery of any rents, charges, indemnities, the execution of any of the clauses of this lease and eviction, particularly the expenses and fees of attorneys, process servers, lawyers, [and] auctioneers, without prejudice to any claim for damages which he may have against the PURCHASER; or alternatively. 10.2.2 To cancel this agreement. In the event of cancellation for whatever reason the SELLER shall be entitled to resume immediate possession of the property and to eject the PURCHASER and/or persons occupying it. Should the sale be cancelled in terms of this Clause, the PURCHASER shall forfeit all payments to the SELLER in terms of this agreement as liquidated damages. Alternatively, the SELLER shall be entitled to claim damages from the PURCHASER in lieu of the liquidated damages referred to above. 10.3 Should the SELLER or his authorized agent hand over a written notice, in respect of which an acknowledgement of receipt is obtained, claiming compliance of his obligations in terms of this agreement within 7 (SEVEN) days after receiving same, the provisions of Clause 10.2 will apply mutatis mutandis. 10.4 Should this contract be cancelled by agreement, the PURCHASER shall remain liable for the costs incurred which costs cannot be recovered from a subsequent PURCHASER. The PURCHASER shall also be liable for occupational interest for the period during which the property is unoccupied. The deposit or a part thereof shall be used; for such purpose. 10.5 Should the sale be cancelled after complying with par 2.1 due to the failure Article 700 of the PURCHASER in carrying out any New Code of the obligations hereunder, the PURCHASER shall be liable to the SELLER for payment on demand of a cancellation fee of 5% of the selling price, as wasted costs plus Agents CommissionCivil Procedure.

Cancellation Clause. If the PURCHASER fails to – 10.1 Make any payments punctually on due date;ordate; or 10.2 Comply punctually with any other provision of this agreement; and should remain in such default 7 (SEVEN) days after despatch by the SELLER of written notice (by fax, email or other means), demanding proper performance, the SELLER shall be entitled without any further notice: -notice:- 10.2.1 To Claim the full purchase price (or the balance thereof) in terms of this Agreement together with interest of prime plus 5% per annum as from the date of the PURCHASER’S DEFAULT, without prejudice to any claim for damages which he may have against the PURCHASER; or alternatively. 10.2.2 To cancel this agreement. In the event of cancellation for whatever reason the SELLER shall be entitled to resume immediate possession of the property and to eject the PURCHASER and/or persons occupying it. Should the sale be cancelled in terms of this Clause, the PURCHASER shall forfeit all payments to the SELLER in terms of this agreement as liquidated damages. Alternatively, the SELLER shall be entitled to claim damages from the PURCHASER in lieu of the liquidated damages referred to abovetoabove. 10.3 Should the SELLER or his authorized agent hand over a written notice, in respect of which an acknowledgement of receipt is obtained, claiming compliance of his obligations in terms of this agreement within 7 (SEVEN) days after receiving same, the provisions of Clause 10.2 will apply mutatis mutandis. 10.4 Should this contract be cancelled by agreement, the PURCHASER shall remain liable for the costs incurred which costs cannot be recovered from a subsequent PURCHASER. The PURCHASER shall also be liable for occupational interest for the period during which the property is unoccupied. The deposit or a part thereof shall be used; for such purposesuchpurpose. 10.5 Should the sale be cancelled after complying with par 2.1 due to the failure of the PURCHASER in carrying out any of the obligations hereunder, the PURCHASER shall be liable to the SELLER for payment on demand of a cancellation fee of 5% of the selling price, as wasted costs plus Agents Commission.

Cancellation Clause. If the PURCHASER fails to – 10.1 Make any payments punctually on due date;ordate; or 10.2 Comply punctually with any other provision of this agreement; and should remain in such default 7 (SEVEN) days after despatch dispatch by the SELLER of written notice (by fax, email or other means), demanding proper performance, the SELLER shall be entitled without any further notice: -: 10.2.1 To Claim the full purchase price (or the balance thereof) in terms of this Agreement together with interest of prime plus 5% per annum as from the date of the PURCHASER’S DEFAULT, without prejudice to any claim for damages which he may have against the PURCHASER; or alternatively. 10.2.2 To cancel this agreement. In the event of cancellation for whatever reason the SELLER shall be entitled to resume immediate possession of the property and to eject the PURCHASER and/or persons occupying it. Should the sale be cancelled in terms of this Clause, the PURCHASER shall forfeit all payments to the SELLER in terms of this agreement as liquidated damages. Alternatively, the SELLER shall be entitled to claim damages from the PURCHASER in lieu of the liquidated damages referred to above. 10.3 Should the SELLER or his authorized agent hand over a written notice, in respect of which an acknowledgement of receipt is obtained, claiming compliance of his obligations in terms of this agreement within 7 (SEVEN) days after receiving same, the provisions of Clause 10.2 will apply mutatis mutandis. 10.4 Should this contract be cancelled by agreement, the PURCHASER shall remain liable for the costs incurred which costs cannot be recovered from a subsequent PURCHASER. The PURCHASER shall also be liable for occupational interest for the period during which the property is unoccupied. The deposit or a part thereof shall be used; for such purpose. 10.5 Should the sale be cancelled after complying with par 2.1 due to the failure of the PURCHASER in carrying out any of the obligations hereunder, the PURCHASER shall be liable to the SELLER for payment on demand of a cancellation fee of 5% of the selling price, as wasted costs plus Agents Commission.