CANCELLATION OR DEFERMENT Sample Clauses

CANCELLATION OR DEFERMENT. 7.1 The Company may defer any redeliveries of the Customer’s Goods or performance of Services or treat the Contract as determined if the Customer fails to make any payment when it becomes due or enters into any composition or arrangement with its creditors or has a winding-up order made against it or has an administrative receiver or administrator appointed or passes a resolution for winding-up or a Court makes an order to that effect or if the Customer breaches any of these Conditions. 7.2 Clause 7.1 is without prejudice to the Company’s right to the full contract price for the Services and damages for any loss suffered in consequence of the determination of the Contract. 7.3 Cancellation by the Customer will only be accepted at the discretion of the Company. Acceptance of the cancellation will only be binding on the Company if in writing and signed by a director. Any costs or expenses incurred by the Company up to the date of cancellation and all loss or damage resulting from the cancellation will be paid by the Customer to the Company forthwith.
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CANCELLATION OR DEFERMENT. (a) For the purposes of this clause "an intervening event" shall mean any such event as is described in sub-clause (c) hereof. (b) If there shall be an intervening event (i) the Seller may, within a reasonable time thereafter, defer or cancel any further deliveries or services, stop any Goods in transit and treat the Contract of which these conditions form part as determined but without prejudice to its rights to the full purchase price for Goods delivered and damages for any loss suffered in consequence of such determination and (ii) the Buyer shall immediately on the occurrence of any of the events set out in 8(c)(iii), (iv) or (v) identify the Sellers Goods or any part of them and return or make them available to the Seller for collection. (c) An intervening event shall be any of the following: (i) failure by the Buyer to make any payment when it becomes due; (ii) breach by the Buyer of any of the terms or conditions of the Contract; (iii) the Buyer's proposal for or entry into any composition or arrangement with creditors; (iv) the presentation against the Buyer of any Petition for a Bankruptcy Order, Administration Order, Winding-Up Order, or similar process; (v) the appointment of an Administrative Receiver or Receiver in respect of the business or any part of the assets of the Buyer; (vi) the Seller forming the reasonable opinion that the Buyer has become or is likely in the immediate future to be-come unable to pay his, her or its debts (adopting, in the case of a Company, the definition of that term set out in Section 123 of the Insolvency Act 1986) or the Buyer being a partnership has any partner to whom any of the foregoing apply; or (vii) being an individual the Buyer dies or, by reason of illness or incapacity (whether mental or physical) is incapable of managing his or her own affairs or becomes a patient under any mental health legislation. (d) Cancellation by the Buyer will only be accepted at the discretion of the Seller and in any case on condition that any costs or expenses incurred by the Seller up to the date of cancellation and all loss or damage resulting to the Seller by reason of such cancellation will be paid by the Buyer to the Seller forthwith. Acceptance of such cancellation will only be binding on the Seller if in writing and signed by an authorised signatory of the Seller. (e) Any costs incurred by the Seller due to suspension or deferment of any Order by the Buyer or in the event that the Buyer defaults in collecting, or giv...
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Related to CANCELLATION OR DEFERMENT

  • Cancellation or reduction for convenience 20.1 The Commonwealth may cancel or reduce the scope of this Agreement by notice, due to: (a) a change in government policy; or (b) a Change in the Control of the Grantee which the Commonwealth reasonably believes will negatively affect the Grantee’s ability to comply with this Agreement. 20.2 On receipt of a notice of reduction or cancellation under this clause, the Grantee agrees to: (a) stop or reduce the performance of the Grantee's obligations as specified in the notice; and (b) take all available steps to minimise loss resulting from that reduction or cancellation; and (c) continue performing any part of the Activity or the Agreement not affected by the notice if requested to do so by the Commonwealth; (d) report on, and return any part of the Grant to the Commonwealth, or otherwise deal with the Grant, as directed by the Commonwealth. 20.3 In the event of reduction or cancellation under this clause, the Commonwealth will be liable only to: (a) pay any part of the Grant due and owing to the Grantee under this Agreement at the date of the notice; and (b) reimburse any reasonable and substantiated expenses the Grantee unavoidably incurs that relate directly and entirely to the reduction in scope or cancellation of the Agreement. 20.4 In the event of reduction, the amount of the Grant will be reduced in proportion to the reduction in the scope of the Agreement. 20.5 The Commonwealth’s liability to pay any amount under this clause is: (a) subject to the Grantee's compliance with this Agreement; and (b) limited to an amount that when added to all other amounts already paid under the Agreement will not exceed the total amount of the Grant. 20.6 The Grantee will not be entitled to compensation for loss of prospective profits or benefits that would have been conferred on the Grantee but for the cancellation or reduction in scope of the Agreement under clause 20.1. 20.7 The Commonwealth will act reasonably in exercising its rights under this clause.

  • No Rescission or Cancellation The Servicer shall not permit any rescission or cancellation of any Receivable except in accordance with the Credit Card Guidelines or as ordered by a court of competent jurisdiction or other Governmental Authority.

  • Cancellation or Termination The Provider is the responsible party for honoring cancellation requests. You may cancel this Service Agreement at any time and is non-cancelable by us (send your written request to us at xxxxxxxxxxxxx@0-00.xxx), except for: 1. Fraud or material misrepresentation concerning any covered item or any other facts related to this Service Agreement.

  • Notice of Cancellation or Change There shall be no cancellation, change, potential exhaustion of aggregate limits or non-renewal of insurance coverage(s) without thirty (30) days written prior written notice to the State.

  • CANCELLATION OR AMENDMENT State Street shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received in compliance with the Security Procedure provided that such requests are received in a timely manner affording State Street reasonable opportunity to act. However, State Street assumes no liability if the request for amendment or cancellation cannot be satisfied.

  • Cancellation OSS Charge TWTC will incur an OSS charge for an accepted LSR that is later canceled.

  • Cancellation or Adjustment of Global Note At such time as all beneficial interests in a Global Note have either been exchanged for Definitive Notes, redeemed, purchased or canceled, such Global Note shall be returned to the Depository for cancellation or retained and canceled by the Trustee. At any time prior to such cancellation, if any beneficial interest in a Global Note is exchanged for certificated Notes, redeemed, purchased or canceled, the principal amount of Notes represented by such Global Note shall be reduced and an adjustment shall be made on the books and records of the Trustee (if it is then the Notes Custodian for such Global Note) with respect to such Global Note, by the Trustee or the Notes Custodian, to reflect such reduction.

  • No Cancellation No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s).

  • CANCELLATION OF CONTRACT The Division of Procurement Services reserves the right to cancel a contract with a thirty-day written notice OR cancel immediately if the contractor does not conform to terms and conditions and specifications of contract.

  • CANCELLATION AND REFUND 5.1. Registration fee is not refundable. 5.2. In the event that the Participant decided not to participate in the swim, the cost of additional services purchased by the participant in addition to the Registration fee can be partially refunded according to the following rules: 5.2.1. Any refunds are possible upon a written request of the participant, received not later than 1 month before the event.

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