Cancellation Suspension and Termination Clause Samples
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Cancellation Suspension and Termination. 10.1 B38 may by notice in writing to the Supplier cancel or vary any Contract formed pursuant hereto and or suspend or postpone the manufacture and delivery of the Goods or any part thereof and all costs necessarily incurred by the Supplier as a result thereof which cannot be mitigated by the Supplier using its best endeavours to do so shall be borne by B38. The date of delivery shall, if necessary, be extended to such later date(s) as shall be reasonable having regard to the period of such suspension or postponement or nature of the variation.
10.2 Without limiting its other rights or remedies, B38 may terminate any and all Contracts with immediate effect by giving written notice to the Supplier if:
(a) the Supplier commits a material or persistent breach of a Contract and (if such a breach is remediable) fails to remedy that breach within 28 days of receipt of notice in writing of the breach;
(b) the Supplier suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency ▇▇▇ ▇▇▇▇ or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency ▇▇▇ ▇▇▇▇ or (being a partnership) has any partner to whom any of the foregoing apply;
(c) the Supplier commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors;
(d) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Supplier (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of the Supplier with one or more other companies or the solvent reconstruction of the Supplier;
(e) a creditor or encumbrancer of the Supplier attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within seven days;
(f) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Supplier ...
Cancellation Suspension and Termination. 10.1 You may suspend the Services for a maximum of 3 (three) months on giving us written notice in which case the payment provisions in clause 10.1 will apply. If at the end of this period of suspension you have not instructed us to resume the Services, we may terminate this Agreement after first giving you 14 (fourteen) days’ written notice. On resumption of the Services following any suspension there shall be a fair and reasonable increase in the Fee commensurate with the additional costs, if any, to us of performing the Services.
10.2 Where we have received no instructions from you in respect of the Project for a period of 6 (six) months we shall be entitled to consider our appointment under this Agreement at an end and will provide you with written notice of this.
10.3 Either you or we may terminate this Agreement by giving the other 14 (fourteen) days’ written notice. If you terminate or suspend this Agreement you shall immediately pay us all outstanding Fees, expenses and reimbursable costs incurred and any future costs we have committed to on your behalf.
10.4 You agree that persistent or continued late or non-payment is a fundamental breach of this Agreement entitling us to terminate forthwith. If you continue to fail to make full payment after the expiry of 14 (fourteen) days from the date of our suspension notice under clause 4.8 we may immediately terminate our engagement under this Agreement by written notice to you.
10.5 We will give you notice as soon as reasonably practicable of any event beyond our control which makes it impracticable for us to carry out or continue any of the Services and we will seek to agree an appropriate course of action with you.
10.6 Termination of this Agreement under this clause 10 shall be without prejudice to the accrued rights and remedies of either party.
10.7 The terms of this clause 10.7 apply if you are a Consumer:
10.7.1 this Agreement is formed when you sign our Appointment Letter and you are entitled to cancel it within 14 (fourteen) days of entering into it (“Cancellation Period”) without giving any reason, provided that such cancellation is in writing and sent by email or post and in which event:
(a) we will acknowledge the cancellation without delay by email or post;
(b) we will reimburse you without undue delay, and no later than 14 (fourteen) days after receiving your cancellation notice, for all payments received from you using the same means of payment as was used for the original payment; and
(c) ...
Cancellation Suspension and Termination. Subject only to clause 9 (a) below, the Customer can only terminate a Contract (or any part of a Contract) with ALS’s prior written agreement. The Customer shall be liable to indemnify ALS in full in respect of any direct or indirect losses (to include but not be limited to economic loss including loss of profits) it incurs as a result of such termination.
(a) If for any cause beyond its control, ALS is unable to perform any of its obligations under the Contract ALS may by notice in writing to the Customer terminate the Contract or suspend the Contract in respect of any one or more part or parts of its obligations without liability for any loss or damage thereby incurred by the Customer.
Cancellation Suspension and Termination. 9.1 The Company shall have the right at any time and for any reason to cancel an Order and/or terminate any Contract in whole or in part, by giving the Seller written notice whereupon all work on the Contract shall be discontinued and the Company shall pay to the Seller only fair and reasonable compensation for work- in-progress and costs actually incurred by the Seller up to the date of termination, which will in no case exceed the price stated in the Order. For the avoidance of doubt, such compensation shall not include loss of anticipated profits or any consequential loss.
9.2 Notwithstanding Article 9.1, if the Company cancels an Order and/or terminates a Contract for Services before the expiry of its contractual period or otherwise terminates the Contract prematurely, the Company will never be obliged to more than
(i) payment for the Services actually performed in the event of periodic payment; or (ii) in the event of a fixed contract sum, payment of a proportional part of the compensation agreed, based on the contractual term already expired and the Services performed.
9.3 Without prejudice to any other rights that the Company may have under the Contract or law, the Company shall have the right at any time to forthwith suspend payment or cancel an Order and/or terminate any Contract, in whole or in part by giving notice in writing to the Seller, if: (i) the Seller commits a breach of any of the terms and conditions of the Contract; (ii) any distress, execution or other process is levied upon any of the assets of the Seller;
Cancellation Suspension and Termination. 10.1 The respective group company has the right to terminate or change each contract entered into based on these provisions or to suspend or postpone the manufacture and delivery of the goods or of part of them by means of a written notification to the Supplier, and the costs that will inevitably be incurred by the Supplier as a consequence of that and that the Supplier cannot reduce despite all efforts shall be borne by the respective group company. On demand, the delivery date has to be postponed to (a) later point(s) in time which seem(s) to be reasonable taking into consideration the duration of such a suspension or postponement or the type of change.
10.2 Without limitation of its other rights or legal remedies, the respective group company has the right to cancel all contracts with immediate effect by giving written notice to the Supplier if:
(a) the Supplier violates a contract substantially or on an ongoing basis and (if such a violation can be remedied) fails to remedy this violation within 28 days upon receipt of a written reminder of the violation;
(b) the Supplier discontinues settlement of his liabilities or threatens to do so or is not able to settle his liabilities when they become due, or admits inability to pay or is otherwise unable to pay within the meaning of § 66, Insolvency Ordinance [Insolvenzordnung] or is (when a legal person is concerned) overindebted within the meaning of § 67, Insolvency Ordinance;
(c) the Supplier enters into negotiations with all or a group of his creditors regarding the restructuring of debts or suggests a composition or an arrangement in bankruptcy to his debtors or enters into one with them;
(d) an application is filed, an announcement is made, a resolution is taken or a directive is issued for or in connection with the liquidation of the Supplier (as a legal person), with the exception of liquida- tion with given inability to pay for the purpose of merging the insolvent Supplier with one or several other companies or a reorganisation of the insolvent Supplier;
(e) a creditor or mortgagee of the Supplier takes over or attaches all of or part of his assets, or attach- ment proceedings or other comparable proceedings are conducted or initiated and these proceedings are not cancelled within seven days;
(f) an application is filed with a court for the appointment of an insolvency administrator, or an insol- vency administrator is appointed;
(h) a circumstance eventuates or proceedings are held whose effects mat...
Cancellation Suspension and Termination. (a) If the Buyer shall purport to cancel the whole or any part of the Contract the Company may by notice in writing to the Buyer elect to treat the Contract as repudiated and the Buyer shall thereupon be liable to pay to the Company by way of liquidated damages a sum equal to all the expenses incurred by the Company in connection with the Contract including an appropriate amount in respect of administrative overheads, costs and losses of profit. The Company's reasonable estimate of the expenses incurred shall be final and binding on the parties.
(b) If for any cause whatsoever beyond its control the Company is unable to make any delivery on the applicable delivery date or perform any of its obligations under the Contract the Company may by notice in writing to the Buyer terminate the Contract or suspend the Contract without liability for any loss or damage thereby incurred by the Buyer.
Cancellation Suspension and Termination. 1You may suspend the Services for a maximum of 3 (three) months on giving us written notice in which case the payment provisions in clause 10.1 will apply. If at the end of this period of suspension you have not instructed us to resume the Services, we may terminate this Agreement after first giving you 14 (fourteen) days’ written notice. On resumption of the Services following any suspension there shall be a fair and reasonable increase in the Fee commensurate with the additional costs, if any, to us of performing the Services.
Cancellation Suspension and Termination