Common use of DEFAULT AND CANCELLATION Clause in Contracts

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. 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) 20.1 In the event of a Party’s uncured breach party breaching the terms of an Agreementthis agreement and thereafter failing to remedy its breach: 20.1.1 within 7 days after receipt of written notice from the other party calling upon him to rectify such breach, the non-breaching Party mayother party shall be entitled to claim damages from the defaulting party in terms of this agreement, this includes either parties right to bring the claim before an applicable court; 20.1.2 furthermore, should the defaulting party fail to remedy it’s breach within 20 days after receipt of written notice, the other party shall be entitled to cancel this agreement notwithstanding any steps already taken in addition to terms of the other party’s enforcement of his rights in terms of this agreement. 20.2 Should this agreement be cancelled for any reason whatsoever, the Tenant and any other person occupying the Premises, shall immediately vacate the Premises. 20.3 Should the Landlord cancel this agreement and the Tenant dispute the right to withhold its performance under and/or terminate cancel and remain in occupation of the AgreementPremises, avail itself the Tenant shall, pending the determination of the dispute, continue to pay all other rights, remedies amounts due in terms of this agreement on the due date 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 the Landlord shall be cumulative and there entitled to accept such payments without prejudice to the Landlord’s claim for cancellation of this agreement. Upon the determination of the dispute the payments made in terms of this clause shall be no obligation deemed to exercise be amounts paid by the Tenant on account of the holding over. 20.4 If the Consumer Protection Act is applicable to this agreement: 20.4.1 It is recorded that the Tenant is entitled to cancel this agreement upon providing to the Landlord, 20 business days written notice of his intention to cancel this agreement. In the event of this occurrence the Tenant shall be liable to the Landlord for a particular remedyreasonable cancellation penalty. 20.4.2 The parties hereby agree that a reasonable cancellation penalty shall amount to not less than the agent’s commission payable by the Landlord for the remaining months of this agreement that were not realised. 20.4.3 In the event of 21.4.1 above occurring, the Landlord undertakes to take all steps necessary to place a new tenant as soon as possible.

DEFAULT AND CANCELLATION. a) A. If either Party materially breaches LGU fails to perform any of the terms, conditions or provisions of an this Agreement or so fails to administer the work as to endanger the performance of the Agreement, and fails to cure such material breach within thirty (30) days after it shall be in default. Unless LGU’s default is excused by the COUNTY, the COUNTY may upon written notice thereofimmediately cancel this Agreement in its entirety. Additionally, failure to comply with the other Party shall have the right to terminate the terms of this 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 refundedjust cause for the COUNTY to delay payment until LGU’s compliance. 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 Agreementdecision to withhold payment, the non-breaching Party may, COUNTY shall furnish prior written notice to LGU. B. The above remedies shall be in addition to any other right or remedy available to the COUNTY under this Agreement, law, statute, rule, and/or equity. C. The COUNTY’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 withhold its performance under and/or terminate in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. D. This Agreement may be canceled with or without cause by either party upon thirty (30) day written notice. If COUNTY cancels this Agreement without cause upon thirty days written notice, avail itself COUNTY shall pay the LGU reasonable expenses incurred prior to the notice of all other rightscancellation. E. Provisions that by their nature are intended to survive the term, remedies cancellation or termination of this Agreement include but are not limited to: INDEPENDENT CONTRACTOR; INDEMNIFICATION; DATA PRACTICES; RECORDS- AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION; PROMOTIONAL LITERATURE; 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 remedyMINNESOTA LAW GOVERNS.