Default by Supplier Sample Clauses

Default by Supplier. Supplier shall be in default under this Agreement should any one or more of the following events or conditions arise or exist: (i) Supplier becomes insolvent, or generally does not pay its debts as they become due, or admits in writing its inability to pay its debts, or makes a general assignment for the benefit of creditors; or (ii) Insolvency, receivership, reorganization, or bankruptcy proceedings are commenced by or against Supplier and, in the case of any such involuntary proceeding, that is not dismissed or stayed within sixty (60) days after it is commenced; or (iii) Supplier fails, for any reason, other than failure of Purchaser to make payments to Supplier when obligated in accordance with this Agreement, to make any undisputed payments required to be made by Supplier to Purchaser, which failure continues for ten (10) Business Days after notice of such non-payment; or (iv) Supplier is in material default of any term or provision of this Agreement or has materially failed to perform its obligations under this Agreement, and such breach or failure continues for thirty (30) Business Days following receipt of written notice from Purchaser to cure such breach or failure; provided, however, if such failure cannot with due diligence be remedied by Supplier within such thirty (30) Business Days period, and Supplier shall have diligently prosecuted the remedying of such failure within such thirty (30) Business Days, such period shall be extended by such additional time period as may be reasonably required by Supplier to cure such failure.
Sample 1Sample 2Sample 3See All (9)
AutoNDA by SimpleDocs
Default by Supplier. If Supplier fails to produce and deliver Product that meets the Quality Standards during three (3) consecutive Supply Periods and Customer has timely provided notices of such failures to Supplier in accordance with Sections 3.8 and 3.9, then, Supplier shall be deemed to be in default, and, at any time during the thirty (30) day period following such third (3rd) consecutive Supply Period, Customer shall have the option, at its sole discretion, to terminate this Agreement by giving written notice of termination to Supplier; failure to exercise such termination right within such 30-day period shall constitute a waiver of such termination right. No such termination by Customer shall constitute or be construed as a waiver or any right or remedy of Customer for breach of contract resulting from the facts and circumstances forming the basis of such termination.
Sample 1Sample 2Sample 3See All (4)
Default by Supplier. Supplier shall be deemed to be in “Default” under this Agreement or the applicable Purchase Order in the event that: (i) Supplier becomes the subject of a voluntary or involuntary bankruptcy, insolvency, reorganization of liquidation proceeding; (ii) Supplier makes an assignment for the benefit of creditors; (iii) Supplier admits in writing its inability to pay debts when due; or (iv) Supplier fails to observe and perform any material term of this Agreement or an applicable Purchase Order and such failure continues for a period of thirty (30) days after written notice from CENIC or CENIC Member. i. For Defaults under a Purchase Order, CENIC Member may (A) terminate the Purchase Order or SOW in whole or in part, in which event CENIC Member shall have no further duties or obligations, except (i) in the case of partial termination, the rights, duties and obligations shall continue in full force and effect to the extent not terminated and (ii) for those duties or obligations that by their terms survive any termination of the Purchase Order or SOW, and/or (B) pursue any remedies CENIC Member may have under the SOW according to this Agreement, at law or in equity. In such event, CENIC Member shall be responsible for payment to Supplier for all Products and Services delivered or performed and accepted prior to the Default. ii. For Defaults under this Agreement, CENIC may A) terminate this Agreement. In which event CENIC shall have no further duties or obligations, except (i) in the case of partial termination, the rights, duties and obligations shall continue in full force and effect to the extent not terminated and (ii) for those duties or obligations that by their terms survive any termination of this Agreement, and/or (B) pursue any remedies CENIC may have under this Agreement, at law or in equity.
Sample 1Sample 2
Default by Supplier. The occurrence of any of the following events at any time during the Term shall constitute an Event of Default by Supplier: Supplier shall fail to pay Company any amount as and when due under this Agreement (less any amounts disputed in good faith pursuant to Article 12 (Governing Law; Dispute Resolution)) and Supplier does not remedy such non-payment within thirty (30) Days after written demand therefor by Company served upon Supplier; Supplier shall fail to operate, maintain or repair the GSDS in accordance with the terms of this Agreement such that a condition exists in relation to the GSDS that has an adverse physical impact on the Company System or the equipment of Company’s customers or other suppliers or which Company reasonably determines presents an immediate danger to such personnel or equipment, and Supplier shall fail to initiate and diligently pursue reasonable action to cure such failure within seven (7) Days after actual receipt by Supplier of demand therefor by Company, provided, that Company may, after providing written notice to Supplier, access the GSDS and any of Supplier’s equipment related to the GSDS or Supplier’s provision of Grid Services to Company, and undertake such reasonable action on behalf of Supplier, until either such adverse effect or danger is eliminated or Company is reasonably satisfied that Supplier has, within the aforesaid seven (7) Day period, initiated and is diligently pursuing such reasonable action. Supplier shall bear or reimburse Company, as the case may be, for all reasonable, documented, out-of-pocket costs incurred by Company in connection with such reasonable actions taken by Company on behalf of Supplier as provided herein, and shall cooperate in good faith with Company in providing access to the GSDS and any of Supplier’s equipment related to the GSDS or Supplier’s provision of Grid Services to Company, in the event Company elects to undertake such action as provided herein; Supplier shall (i) abandon the GSDS prior to the date sixty (60) days after System Integration Date Deadline or (ii) fail to maintain continuous service to the extent required by this Agreement for a period of seven (7) or more consecutive Days, the last twenty-four (24) hours of which shall be after notice by Company to Supplier that it is not in compliance with this provision, unless such abandonment or failure is caused by Force Majeure or an Event of Default by Company. For purposes of this Section 6.1(a) (Default by Supplier), ...
Sample 1Sample 2
Default by Supplier. 18.1 If the Supplier defaults in the performance of its obligations under this Agreement, including its obligations under any Order, dormakaba may give notice to it to remedy the default specifying details of the default. 18.2 The Supplier is required to notify dormakaba without delay in writing if any circumstances occur or become evident which would suggest that the contractually agreed deadlines for delivery of Goods or provision of Service cannot be met. If dormakaba accepts a delayed delivery or service provided by the Supplier without reservation, this does not constitute a waiver of any other claims which dormakaba may assert due to the delayed delivery or service. 18.3 If the Supplier fails to remedy the default within 5 Business Days, dormakaba may suspend payment under this Agreement for the particular Goods and Services to which the default relates until the default has been remedied 18.4 If the Supplier fails to remedy the default within the notice period, dormakaba will be entitled to full statutory claims. dormakaba may, in particular, claim damages in lieu of performance and/or withdraw from the contract. The Supplier will be liable for damages for any losses (including direct, indirect and consequential losses), costs, or expenses reasonably incurred by dormakaba as a direct result of the Supplier default, including, but not limited to, additional expenses incurred in procuring substitute Goods or Services. 18.5 If the Supplier is in default, dormakaba will also be entitled to liquidated damages amounting to 0.1% of the value of the Order for the delayed service and/or delivery for each full day of delay, but not exceeding 5% of the value of the Order for the delayed delivery or service. The liquidated damages can also be claimed up to 14 calendar days after receipt of the service without reference to such a reservation being necessary. The liquidated damages will be deducted from the total default loss which has been asserted. 18.6 Suspension of payment will not affect the continuing obligations of the Supplier under this Agreement, including its obligations under any Order, and will be without prejudice to any other rights that dormakaba may have against the Supplier as a result of the default.
Sample 1
Default by Supplier. (a) Each of the following events and circumstances constitutes an event of default by the Supplier (a “Supplier Event of Default”) under this Contract: (i) becoming subject to any act of insolvency or bankruptcy, dissolution or liquidation voluntary or otherwise; (ii) having a receiver, trustee, custodian or similar agent appointed on account of insolvency or in respect of any property; (iii) making a general assignment for the benefit of creditors; (iv) committing a breach of Anti- Corruption Laws; (v) failing to comply with any request, instruction or order of OPG’s Representative; (vi) failing to pay accounts relating to the Services as they come due; (vii) failing to comply with statutes, laws, regulations, bylaws or directives of competent authorities relating to the Services; (viii) failing to perform the Services with skill and diligence; (ix) any representation made by the Supplier herein that was intentionally false or misleading when made in any material respect; (x) assigning or attempting to assign this Contract, in whole or in part, except in a manner expressly permitted in Section 9.2; (xi) failing, neglecting, refusing or being unable at any time during the term to provide reasonably adequate Supplier’s Personnel to perform the Services; (xii) a change of ownership or control of the Supplier occurs without the prior written consent of OPG; (xiii) failing or refusing to correct defective or deficient Services; or (xiv) being otherwise in default in carrying out any of its obligations under this Contract, whether such default is similar or dissimilar in nature to the causes listed previously and failing to remedy the breach to the satisfaction of OPG within ten business days following receipt of notice from OPG specifying the breach, or if the breach cannot be cured within such ten business day period, after such longer period of time as is reasonably required to cure the breach (but no longer than 60 days in any circumstances), so long as the Supplier diligently and constantly endeavours to cure the breach during such extended period. (b) Notice that the Supplier is in default will not be required if the default relates to the bankruptcy, insolvency or financial instability of the Supplier. Other than defaults arising from Section 7(a)(i), (ii) and (iii), OPG will provide the Supplier with ten days written notice. (c) If the Supplier is in default under this Contract, then in addition or as an alternative to terminating this Contract, OPG may...
Sample 1
Default by Supplier. As to Supplier’s obligations under this Agreement, the following events shall be deemed events of default, for which Distributor, in addition to such other remedies as may be provided in this Agreement or by law, may terminate this Agreement at any time prior to the expiration of its stated term: 9.2.1 Supplier fails to perform its obligations, duty or responsibility or is in default with respect to any material term or condition under this Agreement, and such failure or default continues unremedied for a period of fourteen (14) days after written notice thereof to Supplier; or 9.2.2 Supplier or any material part of its operations, voluntarily or involuntarily files for protection under the U.S. Bankruptcy Code or is placed in the hands of or under the control of a receiver, or is otherwise dissolved by operation of law, court order, or vote of Supplier’s ownership.
Sample 1
AutoNDA by SimpleDocs
Default by Supplier. 9.1 If the Supplier shall be in breach of any of his obligations under the Contract, the Customer shall be entitled to give the Supplier notice in writing to forthwith remedy such breach. 9.2 If the Supplier shall fail to comply with such notice within twenty-eight (28) days of its receipt or such longer period as the Customer may allow in writing having regard to the nature of the breach, the Customer shall be entitled forthwith to terminate the Contract and either carry out himself or employ others to carry out the Services that the Supplier has not performed at the Supplier’s risk and cost. 9.3 Upon such termination, the Customer shall be under no obligation to pay the Supplier any further sums until the whole of the Services, which were to have been provided by the Supplier under the Contract, have been completed. Upon such completion the Customer shall pay to the Supplier, or be entitled to recover from the Supplier, the difference between the sums due to the Supplier for the Services performed by the Supplier in accordance with the Contract up to the date of termination, and the costs incurred by the Customer in the completion of the Services, together with the direct damages suffered by the Customer arising out of the Supplier’s default.
Sample 1
Default by Supplier. In the event of any default by Supplier in carrying out the work specified by this contract (not being default caused by the Customer), the Customer may at his discretion give notice in writing of the default to Supplier requiring that the default be remedied within thirty (30) days after the date of service of the notice. If Supplier does not remedy the default within the time specified in the notice the Customer may terminate the Agreement as per Clause “Right to Terminate Contract”. Supplier will not be responsible to the Customer for the costs and expenses incurred by the Customer by reason of the default and any losses or damages incurred by reason of the dependence by the Customer on the fulfilment of this Agreement or any consequential or incidental losses or damages or liability to any third party.
Sample 1

Related to Default by Supplier

  • Default by Seller (a) In the event the Closing and the transactions contemplated hereby do not occur as herein provided by reason of any default of Seller under this Agreement, Purchaser may, as Purchaser’s sole and exclusive remedy, elect by notice to Seller within ten (10) Business Days following the Scheduled Closing Date, either of the following: (i) to terminate this Agreement, in which event Purchaser will receive from the Escrow Agent the Xxxxxxx Money Deposit, and thereafter Seller and Purchaser will have no further rights or obligations under this Agreement, except with respect to the Termination Surviving Obligations; or (ii) seek to enforce specific performance of Seller’s obligation to execute the documents required to convey Seller’s LLC Interest to Purchaser, it being understood and agreed that the remedy of specific performance shall not be available to enforce any other obligation of Seller hereunder. Other than as expressly set forth in Section 13.1(b) below, Purchaser expressly waives its rights to seek damages in the event that the Closing does not occur by reason of Seller’s default hereunder. Purchaser shall be deemed to have elected to terminate this Agreement and receive back the Xxxxxxx Money Deposit if Purchaser fails to file suit for specific performance against Seller in a court having jurisdiction in the county and state in which the Property is located, on or before ninety (90) days following the Scheduled Closing Date. Notwithstanding the foregoing as to the Termination Surviving Obligations, nothing contained in this Section 13.1 will limit Purchaser’s remedies at law, in equity or as herein provided in pursuing remedies of a breach by Seller of any of the Termination Surviving Obligations. Purchaser specifically waives its rights to seek any punitive, speculative, or consequential damages. (b) Notwithstanding Section 13.1(a) above, if Purchaser terminates this Agreement by reason of Seller’s bad faith, willful default under this Agreement, then, in addition to the return of the Xxxxxxx Money Deposit, Purchaser shall be entitled to be reimbursed for Purchaser’s actual out-of-pocket costs related to this transaction, including, without limitation, reasonable attorneys’ and third party fees and reasonable expenses and reasonable due diligence expenses with respect to the purchase of the Property, the negotiation of this Agreement (and ancillary agreements) and obtaining the Title Report and any survey of the Property.

  • Default by Contractor To the maximum extent permitted by applicable law, failure to comply with any of the terms and/or conditions of this Contract, including these General Conditions, shall constitute default by Contractor and grounds for termination of this Contract. Contractor shall be liable for any and all damages suffered by District due to the failure by Contractor or Contractor’s subcontractor(s) to comply with this Contract.

  • Default by State If the State, sixty (60) days after receipt of written notice, fails to correct or cure any material breach of this Contract, the Contractor may cancel and terminate this Contract and institute measures to collect monies due up to and including the date of termination.

  • Default by Buyer THE PARTIES HAVE AGREED THAT SELLER’S ACTUAL DAMAGES IN THE EVENT OF A FAILURE TO CONSUMMATE THE SALE DUE TO BUYER’S DEFAULT WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO DETERMINE. AFTER NEGOTIATION, THE PARTIES HAVE AGREED THAT, CONSIDERING ALL THE CIRCUMSTANCES EXISTING ON THE DATE OF THIS AGREEMENT, THE AMOUNT OF THE XXXXXXX MONEY IS A REASONABLE ESTIMATE OF THE DAMAGES THAT SELLER WOULD INCUR IN THE EVENT OF BUYER’S DEFAULT. IN THE EVENT BUYER FAILS, WITHOUT LEGAL EXCUSE, TO COMPLETE THE PURCHASE OF THE PROPERTY, THE XXXXXXX MONEY MADE BY BUYER SHALL BE FORFEITED TO SELLER AS LIQUIDATED DAMAGES AND THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO SELLER FOR SUCH FAILURE. BY PLACING THEIR INITIALS BELOW, EACH PARTY SPECIFICALLY CONFIRMS THE ACCURACY OF THE STATEMENTS MADE ABOVE AND THE FACT THAT EACH PARTY WAS REPRESENTED BY COUNSEL WHO EXPLAINED, AT THE TIME THIS AGREEMENT WAS MADE, THE CONSEQUENCES OF THIS LIQUIDATED DAMAGES PROVISION. THIS SECTION 8.1 IS NOT INTENDED TO LIMIT SELLER’S RIGHTS UNDER SECTIONS 2.2, 2.3 AND 10.2 OF THIS AGREEMENT.

  • Default by Purchaser IN THE EVENT THE CLOSING AND THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED HEREIN DO NOT OCCUR AS PROVIDED HEREIN (TIME BEING OF THE ESSENCE) BY REASON OF ANY DEFAULT OF PURCHASER, PURCHASER AND SELLER AGREE IT WOULD BE IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX THE DAMAGES WHICH SELLER MAY SUFFER. PURCHASER AND SELLER HEREBY AGREE THAT (i) AN AMOUNT EQUAL TO THE XXXXXXX MONEY DEPOSIT, TOGETHER WITH ALL INTEREST ACCRUED THEREON, IS A REASONABLE ESTIMATE OF THE TOTAL NET DETRIMENT SELLER WOULD SUFFER IN THE EVENT PURCHASER DEFAULTS AND FAILS TO COMPLETE THE PURCHASE OF THE PROPERTY, AND (ii) SUCH AMOUNT SHALL BE PAID TO SELLER AND WILL BE THE FULL, AGREED AND LIQUIDATED DAMAGES FOR PURCHASER’S DEFAULT AND FAILURE TO COMPLETE THE PURCHASE OF THE PROPERTY, AND WILL BE SELLER’S SOLE AND EXCLUSIVE REMEDY (WHETHER AT LAW OR IN EQUITY) FOR ANY DEFAULT OF PURCHASER RESULTING IN THE FAILURE OF CONSUMMATION OF THE CLOSING, WHEREUPON THIS AGREEMENT WILL TERMINATE AND SELLER AND PURCHASER WILL HAVE NO FURTHER RIGHTS OR OBLIGATIONS HEREUNDER, EXCEPT WITH RESPECT TO THE TERMINATION SURVIVING OBLIGATIONS. NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN THIS SECTION 13.2 HEREIN WILL LIMIT SELLER’S REMEDIES AT LAW, IN EQUITY OR AS HEREIN PROVIDED IN THE EVENT OF A BREACH BY PURCHASER OF ANY OF THE CLOSING SURVIVING OBLIGATIONS OR THE TERMINATION SURVIVING OBLIGATIONS.

  • Default by Owner If one or more of the following Events of Default shall occur and be continuing, that is to say: (a) breach by Owner of the representations, warranties and covenants of the Owner as set forth in Section 6.02 above); then, and in each and every such case (except in instances where the Event of Default has been cured within thirty (30) days after the date on which written notice of such default, requiring the same to be remedied, shall have been given to the Owner by the Servicer), the Servicer, by notice in writing to the Owner, may immediately terminate all of its responsibilities, duties and obligations as servicer under this Agreement. On or after the receipt by the Owner of such written notice, all responsibilities, duties and obligations of the Servicer to service the Mortgage Loans under this Agreement shall on the date set forth in such notice pass to and be vested in the successor appointed pursuant to Section 10 herein.

  • Customer Default The occurrence at any time of any of the following events shall constitute a “Customer Default”:

  • Default by Lessee If Lessee fails to make payment of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive: (a) the right to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by law.

  • Default by Developer Developer shall be in default under this Agreement (a) Developer fails to make any of the payments of money required by the terms of this Agreement, and Developer fails to cure or remedy the same within ten (10) days after the City has given Developer written notice specifying such default; or (b) Developer fails to keep or perform any covenant or obligation herein contained on Developer's part to be kept or performed, and Developer fails to remedy the same within thirty (30) days after the City has given Developer written notice specifying such failure and requesting that it be remedied; provided, however, that if any event of default shall be such that it cannot be corrected within such period, it shall not constitute an event of default if corrective action is instituted by Developer within such period and diligently pursued until the default is corrected; or (c) Without limiting the generality of the foregoing, Developer shall assign or transfer the Project and/or this Agreement in violation of the terms and conditions set forth in Article V; or (d) Developer shall file a voluntary petition under any bankruptcy law or an involuntary petition under any bankruptcy law is filed against any such party in a court having jurisdiction and said petition is not dismissed within thirty (30) days or Developer, makes an assignment for the benefit of its creditors; or a custodian, trustee or receiver is appointed or retained to take charge of and manage any substantial part of the assets of Developer and such appointment is not dismissed within sixty (60) days; or any execution or attachment shall issue against Developer whereupon the District, or any part thereof, or any interest therein of Developer under this Agreement shall be taken and the same is not released prior to judicial sale thereunder (each of the events described in this subsection being deemed a default under the provisions of this Agreement); or (e) Developer breaches the representations and warranties set forth in this Agreement and fails to cure or correct same within thirty (30) days of notice from the City.

  • Default by Lessor Lessor shall not be in default unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying wherein Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for performance then Lessor shall not be in default if Lessor commences performance within such 30-day period and thereafter diligently prosecutes the same to completion.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!