Cancellation or Default. If Seller fails to perform or comply with any provision of this Order within the time specified on the front of this Order or any extension thereof provided by Buyer in writing, Buyer may, by written notice of default to Seller, cancel the whole or any part of the Goods ordered without liability, except for Services completed and accepted and Tangible Goods delivered and accepted under that portion of the Order not canceled. Buyer also may cancel this Order without liability at any time prior to delivery and acceptance by Buyer if: (i) Seller ceases to conduct Seller's operations in the normal course of business; (ii) Seller is unable to timely and satisfactorily timely meet Seller's obligations under this Order; (iii) is the subject voluntary or involuntary bankruptcy, receivership, or insolvency proceedings; or (iv) makes an assignment for the benefit of Seller's creditors. Notwithstanding the foregoing, if a party's performance is delayed because of war or similar unrest, fire, act of God or other similar cause that is beyond such party's control and which such party could not have reasonably prevented, such delay in performance shall not be considered a breach of this Order; provided, however, that if Seller experiences a delay of 30 days or more for such reason, Buyer may upon notice cancel all or any portion of this Order.
Cancellation or Default. In the event the Contractor’s performance is deficient, the Authority shall notify the Contractor in writing of the deficiencies and the Contractor shall have ten (10) days to correct such deficiencies. Should the Contractor fail to take appropriate action (acceptable to the Authority in its sole discretion) to correct such deficiencies, the Authority, in addition to all remedies available to it by law, may immediately upon written notice to Contractor by U.S. Mail terminate this Agreement whereupon all payments, advances or other compensation paid by Authority to the Contractor while Contractor was in default shall be immediately returned to the Authority. Contractor understands and agrees that termination of this Agreement under this section shall not release Contractor from any obligation accruing prior to the effective date of termination.
Cancellation or Default. In the event the Contractor’s performance is deficient, the LCRDA shall notify the Contractor in writing of the deficiencies and the Contractor shall have ten (10) days to correct such deficiencies. Should the Contractor fail to take appropriate action (acceptable to the LCRDA in its sole discretion) to correct such deficiencies, the LCRDA, in addition to all remedies available to it by law, may immediately upon written notice to Contractor by U.S. Mail terminate this Agreement whereupon all payments, advances or other compensation paid by LCRDA to the Contractor while Contractor was in default shall be immediately returned to the LCRDA. Contractor understands and agrees that termination of this Agreement under this section shall not release Contractor from any obligation accruing prior to the effective date of termination.
Cancellation or Default. (a) All cancellations must be in writing
Cancellation or Default. Subject to the provisions of Section 2.1 of the Agreement, in the event Buyer seeks to cancel any order for the Equipment sold or to be sold hereunder, or defaults by refusal to accept shipment, Seller shall have the right, at Seller’s option and in addition to any other remedies provided by law, to retain all monies paid by Buyer to Seller for the Equipment as Seller's liquidated damages, and not as a penalty or forfeiture, the parties hereto expressly acknowledging that the amount of damages incurred by Seller are uncertain and incapable of measurement, and the down payment represents a fair and reasonable measurement of Seller’s damages. Except for the defaults described in the preceding paragraph, each of the following is an “Event of Default” hereunder: (a) Buyer fails to make any payment in cash when due or fails to comply with any other covenant or agreement hereunder or (b) materially breaches any representation hereunder and such failure or breach continues for 15 days after written notice by Seller to Assistant Public Works Director Xxxxxxx Xxxx. At any time on or after an Event of Default, Seller may exercise any right or remedy available by law or this Agreement, including all the rights and remedies of a secured party, if applicable, as established or permitted upon agreement by the California Commercial Code, which rights and remedies, to the extent permitted by law, shall be cumulative.
Cancellation or Default. If the closing does not occur for any reason, no commission will be due or paid to Realtor. Purchase Agreement. Builder is responsible for preparing the purchase and sale agreement with the clients and any other related contracts/documents. Realtor and Builder hereby acknowledge and agree to the foregoing and have executed this Agreement as of the last date written below. Realtor Name (PRINT) Realtor Firm Realtor Phone Number Realtor Email Realtor Signature Date Builder Signature Date Client Registration Form Client Name: ________________________________________________________________________________ Client Address: _____________________________________________________________________________ Client Phone: ________________________________________________________________________________ Realtor Name: ______________________________________________________________________________ Realtor Firm: _______________________________________________________________________________ Realtor Phone: ______________________________________________________________________________ Realtor Email: ______________________________________________________________________________ Community/Project visited: ______________________________________________________________ Comments: __________________________________________________________________________________ _________________________________________________________________________________________________ Realtor Signature*: ______________________________________________ Date: ___________________ Builder Signature*: ______________________________________________ Date: __________________ (or Builder’s Authorized Representative) * This Form is not valid unless and until signed by Realtor and Builder (or Builder’s Authorized Representative).
Cancellation or Default. If the closing date does not occur for any reason, no commission will be due or paid.
Cancellation or Default. If Seller fails to deliver the Goods, to perform the services or to perform any of the other provisions of this order, at the time specified herein or any extension thereof authorized by Buyer in writing, Buyer may, by written notice of default to Seller, cancel the whole or any part of the Goods ordered without liability, except for completed services and completed supplies delivered and accepted under that portion of the order not canceled. Buyer may also cancel this Purchase Order without liability at any time prior to delivery and acceptance by the Buyer if (i) Seller ceases to conduct its operations in the normal course of business; (ii) Seller makes an assignment for the benefit of its creditors. Notwithstanding the foregoing, neither party shall be liable for delays or defaults due to causes beyond its control and without its fault or negligence; provided that party exercises due diligence in promptly notifying the other party hereto of the delay and the causes therefor and takes all reasonable action to remedy the same. The failure of either party to enforce any of its rights under this Purchase Order shall not constitute a waiver of such rights.
Cancellation or Default. In the event of the cancellation of this Agreement or a breach of the Purchase Agreement, if one or more of the installments payments of the Purchase Price has been delivered to Escrow Holder, the Company will inform Escrow Holder of the breach or cancellation, and Escrow Holder, upon receiving such notice, will (a) refund any monies currently held in Escrow to the Company, and (b) will return any Securities not purchased by the Company to Mr. Chromik.
