Cancellation with Cause. If through any cause within the Consultant’s control that is not authorized by the State, the Consultant shall fail to submit Instruments of Service and other documents as required herein and according to the stated Project Schedule, or if the Consultant shall violate any of the covenants, agreements, or perform such services in an unsatisfactory manner, the State shall have the right to cancel this Agreement upon seven (7) days written notice to the Consultant. If, upon cancellation, the State incurs additional cost as a result of the Consultant’s failure to perform, the Consultant shall be responsible for the amount of such additional costs reasonably incurred by the State. The State shall be entitled to withhold from any payment due to the Consultant, an amount which the State reasonably believes may be its additional costs until such time as the exact amount of such additional cost is determined and the Consultant has rendered payment thereof. Nothing herein shall be construed to require the State to pay interest on any retainage amount held by the State under this Agreement.
Cancellation with Cause. If Seller fails to make delivery in accordance with the Delivery Schedule or otherwise fails to observe or comply with any of the other terms, conditions, or warranties set forth in this Agreement, unless such delay or failure is due to Buyer or to force majeure, or fails to make progress as to endanger performance thereof, or in the event of any grounds for insecurity in relation to Seller’s performance as detailed in Paragraph 10 of this Agreement, Buyer may, in addition to any other rightful remedy provided in this Agreement or by the governing law (See Paragraph 8), cancel the Agreement as to goods not yet shipped and services not yet rendered, by written notice to Seller, without any liability by Buyer to Seller on account thereof, and may produce, purchase or otherwise acquire substitute goods or services elsewhere on such terms or in such manner as it may deem appropriate in the exercise of commercially reasonable judgment, and Seller shall be liable to Buyer for any excess costs or other expenses incurred by Buyer.
Cancellation with Cause. This Agreement may be terminated by the County with cause immediately upon written notice to the Contractor. Unless the Contractor is in breach of this Contract, the Contractor shall be paid for services rendered to the County's satisfaction through the date of termination. Work in progress would be completed at the County's option.
Cancellation with Cause. If Alepo is in material breach of its obligations under this proposal, customer should first give Alepo a written notice and fair opportunity to cure the breach. If Alepo fails to cure within 60 days after receiving written notice, then the customer may insist on a resolution, or it may cancel the project without penalties and all monies paid will be refunded with the exception of travel and expenses.
Cancellation with Cause. Buyer may cancel this order in whole or in part, if the products ordered hereunder of work specified fail to conform to the requirements of the Warranty, if Seller fails to make deliveries as specified by Buyer, or if Seller breaches or fails to perform any other term or condition of this order. Buyer may forthwith cancel this order if Xxxxx has good faith concerns about the insolvency of the Seller; the filing of a voluntary petition in bankruptcy by Seller; the filing of any involuntary petition to have Seller declared bankrupt; the appointment of a receiver or trustee for Seller; the execution by Seller of an assignment for the benefit of creditors; or where Buyer otherwise in good faith believes Seller may not have sufficient financial wherewithal to perform. In event of any such cancellation, Buyer without prejudice to any other rights available to it for breach of contract, shall have the right (a) to refuse delivery of products or performance of work; (b) to return to Seller products already received, to recover from Seller all payments made therefor including freight, storage, handling and other expenses; and to be relieved from liability for any future payments to Seller; (c) to recover any advance payments to Seller for undelivered or returned products or work to be performed; and (d) to purchase elsewhere and charge Seller with any resultant losses. No returned products shall be replaced without Xxxxx’s written replacement order. Any cancellation hereunder (or as noted below) shall not excuse Seller from performing uncanceled work on this purchase order.
Cancellation with Cause. A. City may terminate this Agreement effective upon delivery of written notice to Contractor, or at such later date as may be established by City, under any of the following conditions:
Cancellation with Cause. Company reserves the right to cancel, without any Liability, any or all contracts or orders covering the Products if Seller fails to ship the Products in the manner or within the time specified herein or therein, or if it shall be alleged by third parties that the Products manufactured, produced, sold, invoiced, packaged, labeled or shipped was in violation of any statute, ordinance, administrative order, rule or regulation, or violates any of Seller’s warranties, whether express or implied, or if Seller is in violation of any material provision of this instrument. Any such cancellation shall be without prejudice to any other right or remedy which Company may have by reason of such default.
Cancellation with Cause. Should either party feel that the other has failed to observe all the covenants contained herein, it shall notify the other party of its breach in writing. If within ten days of the notice the breach has not been corrected, then the other party may cancel the agreement. Any single vending machine with over two thirds of its selections empty for a period exceeding 7 days will be considered an automatic breach of this agreement and will waive the Location’s requirement to provide a “ten (10) day notice to correct” as mentioned above.
Cancellation with Cause. Either party may effectuate a Cancellation: (i) upon 30 days’ prior written notice following a material breach of any term of this Agreement by the other party, which material breach is not cured within such 30-day notice period; or upon written notice at any time following the filing for protection under any bankruptcy or similar law or the filing of an involuntary petition in bankruptcy with respect to the other party.
Cancellation with Cause. This Agreement may be terminated by either party (the “Terminating Party”) with fifteen (15) days prior written notice in the event that the other party (the “Breaching Party”) breaches any material term or condition of the Agreement; provided, however, that such notice must have first identified the nature and scope of the claimed breach, affording an opportunity to the Breaching Party to cure the breach, and the Breaching Party must have failed to cure the breach within thirty (30) days of receiving such notice. If EIA cancels for cause, any prepaid service fees from the effective date of cancellation to the anniversary of the Agreement’s term shall be prorated and refunded to EIA within thirty (30) days following the effective date of cancellation; and, if the fifteen (15) day notice period crosses over into the next term month of the Agreement, EIA will pay the pro-rated monthly fees for the period from the next term month of the Agreement to the effective date of cancellation.
