Corrective Period. In the event of a material breach by either Party of its obligations under this Agreement, the non-breaching Party shall allow the breaching Party fourteen (14) days for 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 or the particular Assignment Order. It is acknowledged and agreed by the Parties that the provisions of this Clause 13.2 shall not apply with respect to any of the events enumerated in accordance with Clause 13.5. In addition and for the avoidance of any doubt, the application of the Corrective Period under this Clause 13.2 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 14.2 or to pay Damages incurred by the other Party in accordance with the provisions of Clause 14.3 upon the Principal`s request. To clarify the Corrective Period is not applied where the breach of the Agreement in related to Defects and Acceptance procedures as specified in Clauses 13.1.2 and 13.1.3 as in these cases the purpose of the Corrective Period is fulfilled by the Cure Period and its prior application.
Appears in 1 contract
Samples: Framework Agreement
Corrective Period. In the event of a material breach by either Party of its obligations under this Agreement, the non-breaching Party shall allow the breaching Party fourteen (14) days for 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 or the particular Assignment Order. It is acknowledged and agreed by the Parties that the provisions of this Clause 13.2 12.5 shall not apply with respect to any of the events enumerated in accordance with Clause 13.512.9. In addition and for the avoidance of any doubt, the application of the Corrective Period under this Clause 13.2 12.5 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 14.2 13.2 or to pay Damages incurred by the other Party in accordance with the provisions of Clause 14.3 13.3 upon the Principal`s request. To clarify the Corrective Period is not applied where the breach of the Agreement in is related to Defects and Acceptance procedures as specified in Clauses 13.1.2 12.4.2 and 13.1.3 12.4.3 as in these cases the purpose of the Corrective Period is fulfilled by the Cure Period and its prior application.
Appears in 1 contract
Samples: Framework Agreement
Corrective Period. In the event of a material breach by either Party of its obligations under this Agreement, the non-breaching Party shall allow the breaching Party fourteen no longer than two (142) days for 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 or the particular Assignment OrderAgreement. It is acknowledged and agreed by the Parties that the provisions of this Clause 13.2 8.2. shall not apply with respect to any of the events enumerated in accordance with Clause 13.58.5. In addition and for the avoidance of any doubt, the application of the Corrective Period under this Clause 13.2 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 14.2 17.2 or to pay Damages incurred by the other Party in accordance with the provisions of Clause 14.3 upon the Principal`s request. To clarify the Corrective Period is not applied where the breach 17.3 of the Agreement in related to Defects and Acceptance procedures as specified in Clauses 13.1.2 and 13.1.3 as in these cases the purpose of the Corrective Period is fulfilled by the Cure Period and its prior applicationthis Agreement.
Appears in 1 contract
Corrective Period. In the event of a material breach by either Party of its obligations under this Agreement, the non-breaching Party shall allow the breaching Party fourteen no longer thanfive (145) days for 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 takenbetaken, or acceptable corrective action plan provided by the breaching Party, the non-breaching Party shall have the right to terminate the Agreement or the particular Assignment Order. It Xxxxxxxxx.Xx is acknowledged and agreed by the Parties that the provisions of this Clause 13.2 8.2. shall not apply with respect to any of the events enumerated in accordance with Clause 13.5Clause8.5. In addition and for the avoidance of any doubt, the application of the Corrective Period under this Clause 13.2 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 14.2 Clause17.2 or to pay compensateany Damages incurred by the other Party in accordance with the provisions of Clause 14.3 upon Clause17.3 of this Agreement. For the Principal`s request. To clarify sake of clarity,the Corrective Period is not applied where the material breach of the Agreement in is related to Defects and Acceptance procedures as not remedied or not being capable of being remedied during the Cure Period or within the term specified in Clauses 13.1.2 and 13.1.3 the Objection Notice, as the case may be (under Clause8.1(b) or Clause8.1(c)), as in these cases the purpose of the Corrective Period Peroid is fulfilled by the Cure Period or the term specified in the Ojbection Notice, as the case may be, and its their prior application.
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Corrective Period. In the event of a material breach by either Party of its obligations under this Agreement, the non-breaching Party shall allow the breaching Party fourteen (14) days for 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 or the particular Assignment Order. It is acknowledged and agreed by the Parties that the provisions of this Clause 13.2 shall not apply with respect to any of the events enumerated in accordance with Clause 13.513.3. In addition and for the avoidance of any doubt, the application of the Corrective Period under this Clause 13.2 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 14.2 or to pay Damages incurred by the other Party in accordance with the provisions of Clause 14.3 upon the Principal`s request. To clarify the Corrective Period is not applied where the breach of the Agreement in is related to Defects and Acceptance procedures as specified in Clauses 13.1.2 and 13.1.3 as in these cases the purpose of the Corrective Period is fulfilled by the Cure Period and its prior application.
Appears in 1 contract
Samples: Framework Agreement
Corrective Period. In the event of a material breach by either Party of its obligations under this Agreement, the non-breaching Party shall allow the breaching Party fourteen 14 (14fourteen) 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 or the particular Assignment OrderAgreement. It is acknowledged and agreed by the Parties that the provisions of this Clause 13.2 13.4 shall not apply with respect to any of the events enumerated listed in accordance with Clause 13.5. In addition and for the avoidance of any doubt, the application of the Corrective Period under this Clause 13.2 13.4 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 14.2 or to pay Damages incurred by the other Party in accordance with the provisions of Clause 14.3 upon the Principal`s request14.3. To clarify clarify, the Corrective Period is not applied where the breach of the Agreement in is related to Defects and Acceptance procedures as specified referred to in Clauses 13.1.2 13.3(b) and 13.1.3 13.3(c) as 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 this Agreement, the non-breaching Party shall allow the breaching Party fourteen 10 (14ten) 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 or the particular Assignment OrderAgreement. It is acknowledged and agreed by the Parties that the provisions of this Clause 13.2 12.3 shall not apply with respect to any of the events enumerated listed in accordance with Clause 13.512.4. In addition and for the avoidance of any doubt, the application of the Corrective Period under this Clause 13.2 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 14.2 13.2 or to pay Damages incurred by the other Party in accordance with the provisions of Clause 14.3 upon the Principal`s request13.3. To clarify clarify, the Corrective Period is not applied where the breach of the Agreement in is related to Defects and Acceptance procedures as specified referred to in Clauses 13.1.2 12.2(b) and 13.1.3 12.2(c) as in these cases the purpose of the Corrective Period is fulfilled by the Cure Period and its prior application.
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Samples: Supply Agreement
Corrective Period. In the event of a material breach by either Party of its obligations under this Agreement, the non-breaching Party shall allow the breaching Party fourteen 14 (14fourteen) 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 or the particular Assignment OrderAgreement. It is acknowledged and agreed by the Parties that the provisions of this Clause 13.2 11.3 shall not apply with respect to any of the events enumerated listed in accordance with Clause 13.511.4. In addition and for the avoidance of any doubt, the application of the Corrective Period under this Clause 13.2 11.3 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 14.2 12.2 or to pay Damages incurred by the other Party in accordance with the provisions of Clause 14.3 upon the Principal`s request12.3. To clarify clarify, the Corrective Period is not applied where the breach of the Agreement in is related to Defects and Acceptance procedures as specified referred to in Clauses 13.1.2 11.2(b) and 13.1.3 11.2(c) as in these cases the purpose of the Corrective Period is fulfilled by the Cure Period and its prior application.
Appears in 1 contract
Samples: Service Agreement