Corrective Period. In the event of a material breach by either Party of its obligations under the Agreement and/or the Assignment Order, the non-breaching Party shall allow the breaching Party 10 (ten) days for the corrective action or submission of a corrective action plan (the “Corrective Period”). The Corrective Period shall be counted from the date of receipt by the breaching Party of a written notice of breach. Should no satisfactory corrective action be taken, or acceptable corrective action plan provided by the breaching Party, the non-breaching Party shall have the right to terminate the Agreement and/or the Assignment Order. It is acknowledged and agreed by the Parties that the provisions of this Clause 12.3 shall not apply with respect to any of the events listed in Clause 12.4. In addition and for the avoidance of any doubt, the application of the Corrective Period under this Clause 12.3 shall be without prejudice to and shall not relieve either Party from the obligation to pay any contractual penalty in accordance with the provisions of Clause 13.2 or to pay Damages incurred by the other Party in accordance with the provisions of Clause 13.1.
Appears in 6 contracts
Samples: Framework Agreement, Framework Agreement, Framework Agreement
Corrective Period. In the event of a material breach by either Party of its obligations under the Agreement and/or the Assignment Orderthis Agreement, the non-breaching Party shall allow the breaching Party 10 fourteen (ten14) days for the corrective action or submission of a corrective action plan (hereinafter, the “Corrective Period”). The Corrective Period shall be counted from the date of receipt by the breaching Party of a written notice of breach. Should no satisfactory corrective action be taken, taken or acceptable corrective action plan provided by the breaching Party, the non-breaching Party shall have the right to terminate the Agreement and/or the Assignment OrderAgreement. It is acknowledged and agreed by the Parties that the provisions of this Clause 12.3 8.2. shall not apply with respect to any of the events listed enumerated in accordance with Clause 12.48.5. In addition and for the avoidance of any doubt, the application of the Corrective Period under this Clause 12.3 8.2 shall be without prejudice to and shall not relieve either Party from the obligation to pay any contractual penalty in accordance with the provisions of Clause 13.2 17.2 or to pay Damages incurred by the other Party in accordance with the provisions of Clause 13.117.3. of this Agreement.
Appears in 1 contract
Corrective Period. In the event of a material breach by either Party of its obligations under the Agreement and/or the Assignment Orderthis Agreement, the non-breaching Party shall allow the breaching Party 10 seven (ten7) days for the corrective action or submission of a corrective action plan (the “Corrective Period”). The Corrective Period shall be counted from the date of receipt by the breaching Party of a written notice of breach. Should no satisfactory corrective action be taken, or acceptable corrective action plan provided by the breaching Party, the non-breaching Party shall have the right to terminate the Agreement and/or the Assignment OrderAgreement. It is acknowledged and agreed by the Parties that the provisions of this Clause 12.3 9.2 shall not apply with respect to any of the events listed enumerated in accordance with Clause 12.49.4. In addition and for the avoidance of any doubt, the application of the Corrective Period under this Clause 12.3 9.2 shall be without prejudice to and shall not relieve either Party from the obligation to pay any contractual penalty in accordance with the provisions of Clause 13.2 10.2 or to pay Damages incurred by the other Party in accordance with the provisions of Clause 13.110.3.
Appears in 1 contract
Samples: Study Agreement
Corrective Period. In the event of a material breach by either Party of its obligations under the Agreement and/or the Assignment Orderthis Agreement, the non-non- breaching Party shall allow the breaching Party 10 fourteen (ten14) days for the corrective action or submission of a corrective action plan (the “Corrective Period”). The Corrective Period shall be counted from the date of receipt by the breaching Party of a written notice of breach. Should no satisfactory corrective action be taken, or acceptable corrective action plan provided by the breaching Party, the non-breaching Party shall have the right to terminate the Agreement and/or the Assignment OrderAgreement. It is acknowledged and agreed by the Parties that the provisions of this Clause 12.3 9.2 shall not apply with respect to any of the events listed enumerated in accordance with Clause 12.49.3 and/or Clause 9.4. In addition and for the avoidance of any doubt, the application of the Corrective Period under this Clause 12.3 9.2 shall be without prejudice to and shall not relieve either Party from the obligation to pay any contractual penalty in accordance with the provisions of Clause 13.2 10.2 or to pay Damages incurred by the other Party in accordance with the provisions of Clause 13.110.3.
Appears in 1 contract
Samples: Study Agreement
Corrective Period. In the event of a material breach by either Party of its obligations under the Agreement and/or the Assignment Orderthis Agreement, the non-non- breaching Party shall allow the breaching Party 10 thirty (ten30) days for the corrective action or submission of a corrective action plan (( the “Corrective Period”). The Corrective Period shall be counted from the date of receipt by the breaching Party of a written notice of breach. Should no satisfactory corrective action be taken, or acceptable corrective action plan provided by the breaching Party, the non-breaching Party shall have the right to terminate the Agreement and/or the Assignment OrderAgreement. It is acknowledged and agreed by the Parties that the provisions of this Clause 12.3 8.2 shall not apply with respect to any of the events listed enumerated in accordance with Clause 12.4. 8.6 In addition and for the avoidance of any doubt, the application of the Corrective Period under this Clause 12.3 8.2 shall be without prejudice to and shall not relieve either Party from the obligation to pay any contractual penalty in accordance with the provisions of Clause 13.2 17.2 or to pay Damages incurred by the other Party in accordance with the provisions of Clause 13.117.3. of this Agreement.
Appears in 1 contract
Samples: Insert Agreement
Corrective Period. In the event of a material breach by either Party of its obligations under the underthe Agreement and/or the Assignment Order, the non-breaching Party shall allow the breaching Party 10 (ten) days for the corrective action or submission of a corrective action plan (the “Corrective Period”). The Corrective Period Period shall be counted from the date of receipt by the breaching Party of a written notice of breach. Should no satisfactory corrective action be taken, or acceptable corrective action plan provided by the breaching Party, the non-breaching Party shall have the right to terminate the Agreement and/or Agreementand/or the Assignment Order. It is acknowledged and agreed by the Parties that the provisions of this Clause 12.3 Clause12.3 shall not apply with respect to any of the events listed eventslisted in Clause 12.4Clause12.4. In addition and for the avoidance of any doubt, the application of the Corrective Period under this Clause 12.3 Clause12.3 shall be without prejudice to and shall not relieve either Party from the obligation to pay any contractual penalty in accordance with the provisions of Clause 13.2 or to pay Damages incurred by the other theother Party in accordance with the provisions of Clause 13.1Clause13.1.
Appears in 1 contract
Samples: Framework Agreement
Corrective Period. In the event of a material breach by either Party of its obligations under the Agreement and/or the Assignment Orderthis Agreement, the non-non- breaching Party shall allow the breaching Party 10 fourteen (ten14) days for the corrective action or submission of a corrective action plan (hereinafter, the “Corrective Period”). The Corrective Period shall be counted from the date of receipt by the breaching Party of a written notice of breach. Should no satisfactory corrective action be taken, taken or acceptable corrective action plan provided by the breaching Party, the non-breaching Party shall have the right to terminate the Agreement and/or the Assignment OrderAgreement. It is acknowledged and agreed by the Parties that the provisions of this Clause 12.3 9.2 shall not apply with respect to any of the events listed enumerated in accordance with Clause 12.49.4. In addition and for the avoidance of any doubt, the application of the Corrective Period under this Clause 12.3 9.2 shall be without prejudice to and shall not relieve either Party from the obligation to pay any contractual penalty in accordance with the provisions of Clause 13.2 10.2 or to pay Damages incurred by the other Party in accordance with the provisions of Clause 13.110.3.
Appears in 1 contract
Samples: Study Agreement
Corrective Period. In the event of a material breach by either Party of its obligations under the Agreement and/or the Assignment Orderthis Agreement, the non-non- breaching Party shall allow the breaching Party 10 Party14 (tenfourteen) days for the corrective action or submission of a corrective action plan (the “Corrective Period”). Period The Corrective Period shall be counted from the date of receipt by the breaching Party of a written notice of breach. Should no satisfactory corrective action be taken, taken or acceptable corrective action plan provided by the breaching Party, the non-breaching Party shall have the right to terminate the Agreement and/or the Assignment OrderAgreement. It is acknowledged and agreed by the Parties that the provisions of this Clause 12.3 9.2 shall not apply with respect to any of the events listed enumerated in accordance with Clause 12.439. In addition and for the avoidance of any doubt, the application of the Corrective Period under this Clause 12.3 9.2 shall be without prejudice to and shall not relieve either Party from the obligation to pay any contractual penalty in accordance with the provisions of Clause 13.2 or 10.2or to pay Damages incurred by the other Party in accordance with the provisions of Clause 13.110.3.
Appears in 1 contract
Samples: Study Agreement
Corrective Period. In the event of a material breach by either Party of its obligations under the Agreement and/or the Assignment Orderthis Agreement, the non-non- breaching Party shall allow the breaching Party 10 fourteen (ten14) days for the corrective action or submission of a corrective action plan (the “Corrective Period”). The hereinafter, theThe Corrective Period shall be counted from the date of receipt by the breaching Party of a written notice of breach. .Should no satisfactory corrective action be taken, taken or acceptable corrective action plan provided by the breaching Party, the non-breaching Party shall have the right to terminate the Agreement and/or the Assignment Order. It Xxxxxxxxx.Xx is acknowledged and agreed by the Parties that the provisions of this Clause 12.3 8.2. shall not apply with respect to any of the events listed enumerated in Clause 12.4accordance with Claus4e. In addition and for the avoidance of any doubt, the application of the Corrective Period under this Clause 12.3 Clause8.2 shall be without prejudice to and shall not relieve either Party from the obligation to pay any contractual penalty in accordance with the provisions of Clause 13.2 Clause17.2 or to pay Damages incurred by the other Party in accordance with the provisions of Clause 13.1Clause17.3. of this Agreement.
Appears in 1 contract
Corrective Period. In the event of a material breach by either Party of Partyof its obligations under the Agreement and/or the Assignment Orderthis Agreement, the non-breaching Party shall allow the breaching Party 10 no longer than two (ten2) days for the corrective action or submission of a corrective action plan (hereinafter, the “Corrective Period”). The Corrective Period shall be counted from the date of receipt by the breaching Party of a written notice of breach. .Should no satisfactory corrective action be taken, or acceptable corrective action plan provided by the breaching Party, the non-breaching Party shall have the right to terminate the Agreement and/or the Assignment OrderAgreement. It is acknowledged and agreed by the Parties that the provisions of this Clause 12.3 8.2. shall not apply with respect to any of the events listed enumerated in Clause 12.4accordance with Clause8.5. In addition and for the avoidance of any doubt, the application of the Corrective Period under this Clause 12.3 shall Clause8.2shall be without prejudice to and shall not relieve either Party from the obligation to pay any contractual penalty in accordance with the provisions of Clause 13.2 Clause17.2 or to pay Damages incurred by the other Party in accordance with the provisions of Clause 13.1Clause17.3. of this Agreement.
Appears in 1 contract
Samples: Agreement
Corrective Period. In the event of a material breach by either Party of its obligations under the Agreement and/or the Assignment Orderthis Agreement, the non-non- breaching Party shall allow the breaching Party 10 fourteen (ten14) days for the corrective action or submission of a corrective action plan (the “Corrective Period”). Period The Corrective Period shall be counted from the date of receipt by the breaching Party of a written notice of breach. Should no satisfactory corrective action be taken, taken or acceptable corrective action plan provided by the breaching Party, the non-breaching Party shall have the right to terminate the Agreement and/or the Assignment OrderAgreement. It is acknowledged and agreed by the Parties that the provisions of this Clause 12.3 9.2 shall not apply with respect to any of the events listed enumerated in accordance with Clause 12.4. In 0.0.Xx addition and for the avoidance of any doubt, the application of the Corrective Period under this Clause 12.3 9.2 shall be without prejudice to and shall not relieve either Party from the obligation to pay any contractual penalty in accordance with the provisions of Clause 13.2 10.2 or to pay Damages incurred by the other Party in accordance with the provisions of Clause 13.110.3.
Appears in 1 contract
Samples: Study Agreement
Corrective Period. In the event of a material breach by either Party of its obligations under the Agreement and/or the Assignment Orderthis Agreement, the non-breaching Party shall allow the breaching Party 10 Partyseven (ten) days for the 7)daysfor corrective action or submission of a corrective action plan (the “plan(t Corrective Period”)Period . The Corrective Period shall be counted from the date of receipt by the breaching Party of a written notice of breach. .Should no satisfactory corrective action be taken, or acceptable corrective action plan provided by the breaching Party, the non-non- breaching Party shall have the right to terminate the Agreement and/or the Assignment Order. It Xxxxxxxxx.Xx is acknowledged and agreed by the Parties that the provisions of this Clause 12.3 Clause9.2 of this Agreement shall not apply with respect to any of the events listed enumerated in Clause 12.4accordance with Clause9.4 of this Agreement. In addition and for the avoidance of any doubt, the application of the Corrective Period under this Clause 12.3 9.2 of this Agreement shall be without prejudice to and shall not relieve either Party from the obligation to pay any contractual penalty in accordance with the provisions ofClause10.2 of Clause 13.2 this Agreement or to pay Damages incurred by the other Party in accordance with the provisions ofClause 10.5 of Clause 13.1this Agreement.
Appears in 1 contract
Samples: Services Agreement
Corrective Period. In the event of a material breach by either Party of its obligations under the Agreement and/or the Assignment Orderthis Agreement, the non-non- breaching Party shall allow the breaching Party 10 thirty (ten30) days for the corrective action or submission of a corrective action plan (the “Corrective Period”). The Corrective Period shall be counted from the date of receipt by the breaching Party of a written notice of breach. Should no satisfactory corrective action be taken, or acceptable corrective action plan provided by the breaching Party, the non-breaching Party shall have the right to terminate the Agreement and/or the Assignment OrderAgreement. It is acknowledged and agreed by the Parties that the provisions of this Clause 12.3 8.2 shall not apply with respect to any of the events listed enumerated in accordance with Clause 12.4. 8.6 In addition and for the avoidance of any doubt, the application of the Corrective Period under this Clause 12.3 8.2 shall be without prejudice to and shall not relieve either Party from the obligation to pay any contractual penalty in accordance with the provisions of Clause 13.2 17.2 or to pay Damages incurred by the other Party in accordance with the provisions of Clause 13.117.3. of this Agreement.
Appears in 1 contract
Samples: Insert Agreement
Corrective Period. In the event of a material breach by either Party of its obligations under the Agreement and/or the Assignment Orderthis Agreement, the non-non- breaching Party shall allow the breaching Party 10 fourteen (ten14) days for the corrective action or submission of a corrective action plan (the “Corrective Period”). The Corrective Period shall be counted from the date of receipt by the breaching Party of a written notice of breach. Should no satisfactory corrective action be taken, or acceptable corrective action plan provided by the breaching Party, the non-breaching Party shall have the right to terminate the Agreement and/or the Assignment OrderAgreement. It is acknowledged and agreed by the Parties that the provisions of this Clause 12.3 9.2 shall not apply with respect to any of the events listed enumerated in accordance with Clause 12.49.3 and/ or Clause 9.4. In addition and for the avoidance of any doubt, the application of the Corrective Period under this Clause 12.3 9.2 shall be without prejudice to and shall not relieve either Party from the obligation to pay any contractual penalty in accordance with the provisions of Clause 13.2 10.2 or to pay Damages incurred by the other Party in accordance with the provisions of Clause 13.110.3.
Appears in 1 contract
Samples: Study Agreement
Corrective Period. In the event of a material breach by either Party of its obligations under the Agreement and/or the Assignment Orderthis Agreement, the non-breaching Party shall allow the breaching Party 10 Partyseven (ten) days for the 7)daysfor corrective action or submission of a corrective action plan (the “Corrective Period”)Period . The Corrective Period shall be counted from the date of receipt by the breaching Party of a written notice of breach. .Should no satisfactory corrective action be taken, or acceptable corrective action plan provided by the breaching Party, the non-non- breaching Party shall have the right to terminate the Agreement and/or the Assignment Order. It Xxxxxxxxx.Xx is acknowledged and agreed by the Parties that the provisions of this Clause 12.3 Clause9.2 of this Agreement shall not apply with respect to any of the events listed enumerated in Clause 12.4accordance with Clause9.4 of this Agreement. In addition and for the avoidance of any doubt, the application of the Corrective Period under this Clause 12.3 9.2 of this Agreement shall be without prejudice to and shall not relieve either Party from the obligation to pay any contractual penalty in accordance with the provisions ofClause10.2 of Clause 13.2 this Agreement or to pay Damages incurred by the other Party in accordance with the provisions ofClause 10.3 of Clause 13.1this Agreement.
Appears in 1 contract
Samples: Services Agreement
Corrective Period. In the event of a material breach by either Party of its obligations under the Agreement and/or the Assignment Order, the non-breaching Party shall allow the breaching Party 10 (ten) days for the corrective action or submission of a corrective action plan (the “Corrective Period”). The Corrective Period shall be counted from the date of receipt by the breaching Party of a written notice of breach. Should no satisfactory corrective action be taken, or acceptable corrective action plan provided by the breaching Party, the non-breaching Party shall have the right to terminate the Agreement and/or the Assignment OrderAgreement. It is acknowledged and agreed by the Parties that the provisions of this Clause 12.3 12.2 shall not apply with respect to any of the events listed enumerated in accordance with Clause 12.412.5. In addition and for the avoidance of any doubt, the application of the Corrective Period under this Clause 12.3 Clause12.2 shall be without prejudice to and shall not relieve either Party from the obligation to pay any contractual penalty in accordance with the provisions of Clause 13.2 Clause13.2 or to pay Damages incurred by the other Party in accordance with the provisions of Clause 13.1Clause13.3. To clarify the Corrective Period is not applied where the breach of the Agreement in related to Defects and Acceptance procedures as specifiedin Clauses 12.1.2as in these cases the purpose of the Corrective Period is fulfilled by the Cure Period and its prior application.
Appears in 1 contract
Samples: www.railbaltica.org
Corrective Period. In the event of a material breach by either Party of its obligations under the Agreement and/or the Assignment Orderthis Agreement, the non-breaching Party shall allow the breaching Party 10 fourteen (ten14) days for the corrective action or submission of a corrective action plan (the “Corrective Period”). Period The Corrective Period shall be counted from the date of receipt by the breaching Party of a written notice of breach. Should no satisfactory corrective action be taken, taken or acceptable corrective action plan provided by the breaching Party, the non-breaching Party shall have the right to terminate the Agreement and/or the Assignment OrderAgreement. It is acknowledged and agreed by the Parties that the provisions of this Clause 12.3 9.2 shall not apply with respect to any of the events listed enumerated in accordance with Clause 12.4. In 0.0.Xx addition and for the avoidance of any doubt, the application of the Corrective Period under this Clause 12.3 9.2 shall be without prejudice to and shall not relieve either Party from the obligation to pay any contractual penalty in accordance with the provisions of Clause 13.2 or to 10.2 orto pay Damages incurred by the other Party in accordance with the provisions of Clause 13.110.3.
Appears in 1 contract
Samples: Study Agreement