DEFAULT AND CANCELLATION a) If the Contractor fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute default. Unless the Contractor's default is excused, the County, through the Department, may, upon written notice, immediately cancel this Agreement in its entirety.
b) This Agreement may be cancelled with or without cause by either party upon thirty days' written notice.
DEFAULT AND CANCELLATION a) If either Party materially breaches any of the terms, conditions or provisions of an Agreement, and fails to cure such material breach within thirty (30) days after written notice thereof, the other Party shall have the right to terminate the Agreement and/or any Order without any further notice.
b) Bluechip shall also have the right to (i) terminate an Agreement immediately if the Licensee ceases business, files for bankruptcy or becomes bankrupt or insolvent, or enters into any arrangement or composition with its creditors or if a receiver is appointed to direct the business of the Licensee, or (ii) have the right to terminate any Order immediately and cancel any unfilled portion of it if the Licensee has failed to renew a Subscription Licence in accordance with Clause 5 a) within thirty (30) days of expiration.
c) If Bluechip terminates an Order pursuant to this Clause 18, no amount paid to Bluechip hereunder shall be refunded. The remedies set out herein shall be cumulative with respect to any other remedies which Bluechip may have under an Agreement or otherwise.
d) Subject to: (i) all outstanding payments to Bluechip being made by the Licensee; and (ii) written certification from the Licensee that the Licensee and End User have complied with Clause 19 c), the Licensee shall have the right to terminate any relevant Order if the End User ceases business, files for bankruptcy or becomes bankrupt or insolvent. If the Licensee terminates an Order pursuant to this Clause 18 (d), no amount paid to Bluechip hereunder shall be refunded and the Licensee obligations in respect of the Agreement and all other Orders shall remain unchanged.
e) In the event of a Party’s uncured breach of an Agreement, the non-breaching Party may, in addition to the right to withhold its performance under and/or terminate the Agreement, avail itself of all other rights, remedies and causes of action available at law, in equity or otherwise, against such Party for damages as a result of such breach. Unless otherwise provided in these Conditions, remedies shall be cumulative and there shall be no obligation to exercise a particular remedy.
DEFAULT AND CANCELLATION. 6.1 If the Supplier breaches any term of the Contract then, at the sole option of Council, and without prejudice to any other remedy or right, Council may:
a) If the term relates to Goods, reject the Goods in whole or in part and return the Goods to the Supplier at the Supplier's risk and expense including the cost of packing, transporting, insuring and handling the rejected Goods and the Supplier must immediately reimburse the Council for any monies paid in respect of the returned Goods;
b) If the term relates to Goods, require the Supplier to replace, repair, reinstate or re-supply the Goods at the Supplier's expense so that they conform to the Contract or may have the Goods replaced, repaired or re-supplied by another person and recover the cost of doing so from the Supplier;
c) If the term relates to Services, require the Supplier to perform the Services again to the required standard at the Supplier's expense or may have the Services re-supplied by another person and recover the cost of doing so from the Supplier; and/or
d) suspend payment for the Goods and/or Services until the breach has been remedied to the Councils reasonable satisfaction.
6.2 Council may terminate the Contract or cancel any Order effective immediately if the Supplier breaches any provision of the Contract and fails to remedy the breach within 10 Days of giving written notice to the Supplier specifying the breach and requiring it to be remedied. Breach of clause 5 and/or 12 by the Supplier may be deemed as breach of the Contract whether or not Council elects to accept the Goods and/or Services in question.
6.3 Council may, by written notice to the Supplier, terminate the Contract or cancel any Order immediately if the Supplier becomes bankrupt, ceases to carry on business, goes into liquidation, becomes insolvent, appoints a receiver or enters into a formal proposal for a compromise with its creditors under the Companies Act 1993.
6.4 Council may terminate this Contract by giving the Supplier 10 Days written notice. In the event that Council does so, this Contract will terminate and any outstanding Orders at the end of the period of notice will be deemed cancelled.
6.5 Subject to Council’s rights of deduction or set-off, Council will pay the Supplier for any Goods and/or Services validly provided up to the date of termination.
6.6 No failure or delay on the part of Council to exercise any of its rights in respect of any default by the Supplier will prejudice Council’s rights in co...
DEFAULT AND CANCELLATION. A contract may be canceled or annulled at the contractor's expense upon non-performance of contract, or breach, by the contractor, of any of his obligations. Failure of contractor to cure such non-performance or breach within ten working days after the receipt of notice, shall be sufficient cause for the cancellation of the contract in question, the cancellation of all outstanding contracts or sub-contracts held by the contractor, and the suspension or debarment of the contractor from future procurements.
• a. Failure of a contractor to deliver or perform within the time specified, or within reasonable time as interpreted by the Purchasing Agent or failure to make replacement of rejected articles, when so requested, immediately or as directed by the Purchasing Agent, will cause the Purchasing Agent to purchase in the open market to replace those rejected or not delivered. The Purchasing Agent reserves the right to authorize immediate purchase in the open market against rejections on any contract when necessary. On all such purchases, the contractor, or his surety, agrees to promptly reimburse the State for excess costs occasioned by such default. Should the cost be less, the contractor shall have no claim to the difference.
DEFAULT AND CANCELLATION. If default is made in the payment of any installment of Rent on the due date thereof, or if Lessee shall default in the performance of any other term or condition of this Lease Agreement (other than payment of rent) and such default (other than payment of rent) exists for sixty (60) days after written notice thereof, or if the premises be vacated or abandoned in violation of the terms of this Lease Agreement, then in any such event, in addition to and not in limitation of any other remedy permitted by law, this Lease Agreement shall terminate, at the option of Lessor.
DEFAULT AND CANCELLATION a) If the Independent Contractor fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute default. Unless the Independent Contractor's default is excused, the County, through the Department, may, upon written notice, immediately cancel this Agreement in its entirety. Further, upon the Independent Contractor’s default, the County shall have the right to retain the bidder’s bond submitted by the Independent Contractor, and to pursue any and all legal remedies.
b) This Agreement may be cancelled with or without cause by either party upon thirty days' written notice.
DEFAULT AND CANCELLATION. A. If either party fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, it shall be in default. Unless the defaulting party’s default is excused by the other party, the non- defaulting party may upon written notice immediately cancel this Agreement in its entirety.
B. A party’s failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement.
C. This Agreement may be canceled with or without cause by either party upon thirty
DEFAULT AND CANCELLATION. Failure of the MCCD to perform any of its obligations under this Agreement to the satisfaction of the CDA will constitute a default hereunder. Unless MCCD’s default is cured within 15 days following notice by the CDA, the CDA may (i) cancel this Agreement in its entirety by 5 additional days’ written notice to MCCD, or (ii) withhold payment from MCCD as long as such default continues. The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. By:_ Acting Executive Director Date: By: Printed Name: Printed Title: Date: Municipality Local Government Entity Total Fee CDA Share of Fee Local Government Entity Participation Fee Eagan Eagan Economic Development Authority $15,533 $7,767 $7,766 Burnsville City of Burnsville $15,533 $7,767 $7,766 Lakeville City of Lakeville $15,533 $7,767 $7,766 Apple Valley Apple Valley Economic Development Authority $15,533 $7,767 $7,766 Inver Grove Heights Inver Grove Heights Economic Development Authority $12,956 $6,478 $6,478 Hastings Hastings Economic Development and Redevelopment Authority $10,342 $5,171 $5,171 Rosemount Rosemount Port Authority $10,342 $5,171 $5,171 Farmington Farmington Economic Development Authority $10,342 $5,171 $5,171 South St. Xxxx South St. Xxxx Economic Development Authority $10,342 $5,171 $5,171 West St. Xxxx Xxxx St. Xxxx Economic Development Authority $10,342 $5,171 $5,171 Mendota Heights City of Mendota Heights $5,170 $2,585 $2,585 Small Cities and Townships n/a $8,032 $8,032 $0 Total $140,000 $74,018 $65,982 MCCD will provide intensive one-on-one technical assistance to Municipalities’ and Small Cities’ and Townships’ businesses, residents and aspiring entrepreneurs intending to establish, purchase, or improve a business in Municipalities and Small Cities and Townships within Dakota County (the “County”). MCCD will dedicate one full time staff person based in the County to provide the Technical Assistance Services (“Dakota OTB Staff”). In addition, MCCD will make available the expertise of...
DEFAULT AND CANCELLATION. 12 12. RENT REVIEW 13 13. RENEWAL 13 14. AMENDMENTS 13 15. ENTIRE AGREEMENT 14 16. GOVERNING LAW 14
DEFAULT AND CANCELLATION. If you breach any of the warranties contained in clause 7.1 or in any Contract then at the sole option of the University and without prejudice to any other remedy or right:
