Damages for Non-performance Sample Clauses

Damages for Non-performance. If the present Contract is terminated for the reason that the Partner fails to perform its obligations under the present Contract, the rights and licenses granted to the Partner pursuant to this Contract shall cease immediately, and the Partner shall forfeit the right to reimbursement for obligations performed. Furthermore, if the Contract is terminated by the Coordinator due to non-performance of obligations by the Partner, the Partner shall be responsible for and pay any direct cost increase resulting from the necessity to remedy the Partners breach of responsibilities and to assign the tasks of the Partner as specified in the present Contract to the Coordinator or to a different partner.
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Damages for Non-performance. If this Consortium Agreement is terminated due to a Partner failing to perform their obligations under this Consortium Agreement, the rights and licenses granted to the Partner pursuant to this Consortium Agreement shall cease immediately, and the Partner shall forfeit the right to reimbursement for obligations performed. The concerned Partner is liable for any damage claims vis-a-vis the Coordinator and/or any other Partner in the Project resulting from the Partner’s non- performance of their obligations.
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Damages for Non-performance. If the present Contract is terminated for the reason that the Partner fails to perform its obligations under the present Contract, the rights and licences granted to the Partner pursuant to this Contract shall cease immediately, and the Partner shall forfeit the right to reimbursement for obligations performed. Furthermore, if the Contract is terminated by the Contractor due to non-performance of obligations by the Partner, the Partner shall be responsible for and pay any direct cost increase resulting from the necessity to remedy the Partners breach of responsibilities and to assign the tasks of the Partner as specified in the present Contract to one or several parties.
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Damages for Non-performance. If Georgia Power fails to deliver energy requested for Scheduling hereunder, and such failure is not excused by a Force Majeure Event, then, as LEM's sole and exclusive remedy for such failure, but not to the exclusion of the other remedies provided in this Agreement, [redacted].
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Damages for Non-performance. 25.1 Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.Xx casethe vendorafterreceipt of order failstocarry outtheworkas stipulated inthetender, the Corporation reserves the right to foreclose the contractand get the work done from alternate sources at the defaulting vendor’sriskandresponsibility. 25.2 IOC shall reserve the right of getting the job done at RISK and COST of the contractor in case of any Strike, Agitations etc due to his failure to manage laborers and perform satisfactorily. 25.3 Should the CONTRACTOR fail to comply with such instruction(s) or fail to comply therewith to the satisfaction of the Location-in-charge (whose opinion in this behalf shall be final and binding upon the CONTRACTOR) the Location-in-charge , at his discretion, at the risk and cost of the CONTRACTOR, appoint, procure or provide the additional labour, staff, machinery, equipment, tools and materials as the Location-in-charge (whose decision in this behalf shall be final and binding upon the CONTRACTOR), considers necessary to achieve the necessary progress in relation to any particular work or operation or the work as a whole. In so doing, Location-in-charge shall be deemed to be acting for and on behalf of and as agent of the CONTRACTOR and all such appointments, procurement and/or provision shall be deemed to have been made by the CONTRACTOR and paid for by the CONTRACTOR. In addition to the other amounts payable to OWNER( IOCL) in respect of any labour, staff, machinery, equipment and/or material, as aforesaid procured or provided by the OWNER, the OWNER shall be entitled in this event to recover from the CONTRACTOR 15% (fifteen per cent) as supervision charges on the total expenditure incurred by the OWNER under this clause, on behalf of the CONTRACTOR. 25.4 Without prejudice to the OWNER`s rights under Clause 25.3 and in addition or as an alternative hereto, should the Location-in-charge at any stage (notwithstanding that the time for completion of the relative work or item of work as specified in the Progress Schedule has not expired) be of opinion (the opinion of the Location-in-charge in this behalf being final) that the performance of any work or item or work by the CONTRACTOR is unsatisfactory (whether in the rate of progress, the manner, quality or workmanship of the performance, or in the adherence to specifications, or in the omission, neglect or failure to do, perform, complete or finish any work or item, or for any other cause whatsoever), the Location-in-cha...
Sample 1
Damages for Non-performance. 1. If OE fails to provide LPM with the amount of power as provided for in this agreement, except as provided for in Section H.2, and its failure to perform is not excused by a FORCE MAJEURE or by LPM, OE will pay LPM (on the date payment would otherwise be due under this transaction) an amount for each Mwh of such deficiency equaling the sum of: (i) the price at which LPM is, or would be able, to purchase or otherwise receive comparable supplies of power at a commercially reasonable price (adjusted to reflect difference in transmission costs, if any) minus (ii) $5.00/Mwh. 2. If LPM refuses to accept delivery, except as provided for in Section H.3, and its failure to perform is not excused by a FORCE MAJEURE or by OE, LPM will pay OE $5.00 for each Mwh of deficiency. Payment will be made by LPM on the date payment would otherwise be due under the Agreement.
Sample 1
Damages for Non-performance. 11.1 If the present Agreement is terminated for the reason that a beneficiary fail to perform its obligations under the present Agreement, the rights and licences granted to the beneficiary pursuant to this Agreement shall cease immediately, and the beneficiary shall forfeit the right to reimbursement for obligations performed. 11.2 Furthermore, if the present Agreement is terminated or part of the tasks of a Project Partner need to be assigned to one or several other beneficiaries of the Grant Agreement by the Coordinator due to non-performance of obligations by one beneficiary of the Grant Agreement, the said beneficiary shall be responsible for and pay any direct cost increase resulting from the necessity to remedy said beneficiary's breach of responsibilities and to assign the tasks of the beneficiary as specified in the present Agreement to one or several other beneficiaries of the Grant Agreement.
Sample 1
Damages for Non-performance. 1. If the present Partnership Agreement is terminated for the reason that the Beneficiary fails to perform its obligations under the present agreement, insofar as this is not due to force majeure, the rights and licenses granted to the Beneficiary pursuant to the agreement shall cease immediately, and the Beneficiary shall forfeit the right to reimbursement for obligations performed. 2. Furthermore, if the Partnership Agreement is terminated by the Coordinator due to non-performance of obligations by the Beneficiary the Beneficiary shall be responsible for and pay any direct cost increase resulting from the necessity to remedy the Beneficiary breach of responsibilities and to assign the tasks of the Beneficiary as specified in the present contract to one or several parties.
Sample 1

Related to Damages for Non-performance

  • Non-Performance The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined.

  • Excuse for Nonperformance or Delayed Performance Except with respect to defaults of subcontractors, Contractor/Vendor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor has notified the Commission or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

  • Contractor’s Performance Warranties Contractor represents and warrants to the State that: (i) Each and all of the services shall be performed in a timely, diligent, professional and skillful manner, in accordance with the highest professional or technical standards applicable to such services, by qualified persons with the technical skills, training and experience to perform such services in the planned environment. (ii) Any time software is delivered to the State, whether delivered via electronic media or the internet, no portion of such software or the media upon which it is stored or delivered will have any type of software routine or other element which is designed to facilitate unauthorized access to or intrusion upon; or unrequested disabling or erasure of; or unauthorized interference with the operation of any hardware, software, data or peripheral equipment of or utilized by the State. Without limiting the generality of the foregoing, if the State believes that harmful code may be present in any software delivered hereunder, Contractor will, upon State’s request, provide a new or clean install of the software. Notwithstanding the foregoing, Contractor assumes no responsibility for the State’s negligence or failure to protect data from viruses, or any unintended modification, destruction or disclosure. (iii) To the extent Contractor resells commercial hardware or software it purchased from a third party, Contractor will, to the extent it is legally able to do so, pass through any such third party warranties to the State and will reasonably cooperate in enforcing them. Such warranty pass-through will not relieve the Contractor from Contractor’s warranty obligations set forth herein.

  • Representations, Performance All representations and warranties of Buyer contained in this Agreement shall be true and correct in all respects at and as of the date hereof, and shall be repeated and shall be true and correct in all respects on and as of the Closing Date with the same effect as though made on and as of the Closing Date.

  • Non-Performance of Certain Covenants and Obligations The Borrower shall default in the due performance or observance of any of its obligations under Section 7.1.1, Section 7.1.7, Section 7.1.11 or Section 7.2.

  • Financial Consequences for Nonperformance The State reserves the right to withhold payment or implement other appropriate remedies, such as contract termination or nonrenewal, when the Contractor has failed to perform under or comply with the provisions of this contract. When or if the Contractor fails to perform or comply with provisions of this contract, the Contractor has ten (10) calendar days from receipt of Complaint to Vendor Form (PUR 7017) to comply as instructed within the notice. An amount of $500.00 may be assessed for each day the Contractor is delinquent after the ten (10) day notice period ends, and that amount may be withheld from a Contractor’s invoice. The rights and remedies of the State in this paragraph are not considered penalties and are in addition to any other rights and remedies provided by law.

  • Buyer’s Performance All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), shall have been performed and complied with in all material respects.

  • Specific Performance, Etc The parties recognize that if any provision of this Agreement is violated by the Company, Indemnitee may be without an adequate remedy at law. Accordingly, in the event of any such violation, Indemnitee shall be entitled, if Indemnitee so elects, to institute Proceedings, either in law or at equity, to obtain damages, to enforce specific performance, to enjoin such violation, or to obtain any relief or any combination of the foregoing as Indemnitee may elect to pursue.

  • Excuse from performance of obligations If the Affected Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Event, it shall be excused from performance of such of its obligations to the extent it is unable to perform on account of such Force Majeure Event; provided that: (a) the suspension of performance shall be of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (b) the Affected Party shall make all reasonable efforts to mitigate or limit damage to the other Party arising out of or as a result of the existence or occurrence of such Force Majeure Event and to cure the same with due diligence; and (c) when the Affected Party is able to resume performance of its obligations under this Agreement, it shall give to the other Party notice to that effect and shall promptly resume performance of its obligations hereunder.

  • Records Created as Part of Consultant’s Performance All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City at any time upon demand of the City. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. Failure by Consultant to deliver these documents to the City within the time period specified by the City shall be a material breach of this Agreement. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are preliminary drafts not kept by the City in the ordinary course of business and will not be disclosed to third parties without prior written consent of both parties.