Defaults Remedies and Termination. A. [s501] Defaults - General Subject to the extensions of time set forth in Section 604, failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this Agreement. The party who so fails or delays must immediately commence to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy with reasonable diligence and during any period of curing shall not be in default. The injured party shall give written notice of default to the party in default specifying the default complained of by the injured party. Except as required to protect against further damages, and except as otherwise expressly provided in Sections 507 and 508 of this Agreement, the injured party may not institute proceedings against the party in default until thirty (30) days after giving such notice. Failure or delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default. Except as otherwise expressly provided in this Agreement, any failure or delay by either party in asserting any of its rights or remedies as to any default shall not operate as a waiver' of any default or of any such rights or remedies or deprive such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.
B. [s502] Legal Action
Defaults Remedies and Termination. 9.1 The Distributor may terminate this Agreement at any time by sending written notice to the Company, but under no circumstances will any money be refunded.
9.2 If either party breaches any commitment contained in or arising from this Agreement and fails to remedy the breach within sixty (60) days from the date of written demand to cure, the breaching party shall be deemed to be in default hereunder.
Defaults Remedies and Termination. Section 6.1 Xxxxx R&M's Right to Terminate. A material failure of ------------------------------ the Xxxxx Company to deliver the Products substantially in accordance with the terms contained herein, which remains uncured for a period of sixty (60) consecutive days, shall constitute a Xxxxx Company default hereunder. If a Xxxxx Company default occurs and is continuing, Xxxxx R&M after having given the Xxxxx Company and the Financing Parties ninety (90) days prior written notice may terminate this Product Purchase Agreement upon Xxxxx Company's and/or the Financing Parties' subsequent failure to cure such default within such ninety (90) day cure period.
Defaults Remedies and Termination. Section 6.1 Xxxxx R&M's Right to Terminate.................................. 6 Section 6.2 Xxxxx Company's Right to Terminate............................
Defaults Remedies and Termination. Section 8.1 Xxxxx R&M's Right to Terminate....................................
Defaults Remedies and Termination. (§ 801) Defaults, Right to Cure and Waivers. Subject to any Excused Delay, failure or delay by either party to timely perform any material term or condition of this Agreement constitutes a default under this Agreement, but only if the party who so fails or delays does not commence to cure, correct or remedy such failure or delay within thirty (30) days after receipt of a written notice (“Notice of Default”) from the non- defaulting party specifying such failure or delay, and does not thereafter prosecute such cure, correction or remedy with diligence to completion (in such case, a “Default”). Upon occurrence of a Default and without any right to further notice or additional cure period (except with respect to the Right of Reverter pursuant to Section 803(4) below), the non- defaulting party shall have all remedies available to it under this Agreement as set forth in Section 803 below; provided, however, neither party shall have the right to recover any punitive, consequential, or special damages. Failure or delay in giving any Notice of Default shall not constitute a waiver of any Default and any waiver of a Default shall be in writing and be signed by the non-defaulting party. Except as otherwise provided in this Agreement, waiver by either party of the performance of any term or condition herein shall not invalidate this Agreement, nor shall it be considered a waiver of any other term or condition. Waiver by either party of the time for performing any act shall not constitute a waiver of time for performing any other act or an identical act required to be performed at a later time. The delay or forbearance by either party in exercising any remedy or right as to any Default shall not operate as a waiver of any Default or of any rights or remedies or to deprive such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies.
Defaults Remedies and Termination. 701. Defaults. Occurrence of any of the following (a “Breach”) shall, after the giving of the notice required by Section 702, constitute a default (“Default(s)”) under this Agreement by the non performing Party:
Defaults Remedies and Termination. (§ 901) Defaults, Right to Cure and Waivers. Subject to any Enforced Delay, failure or delay by either party to timely perform any covenant of this Agreement constitutes a default under this Agreement, but only if the party who so fails or delays does not commence to cure, correct or remedy such failure or delay within thirty (30) days after receipt of a notice specifying such failure or delay, and does not thereafter prosecute such cure, correction or remedy with diligence to completion; provided that if the default is an immediate danger to the health, safety and general welfare, then the injured party may specify a shorter period and require immediate action, as may be reasonable under the circumstances. The injured party shall give written notice of default to the party in default, specifying the default complained of by the injured party. Except as required to protect against further damages, the injured party may not institute proceedings against the party in default until thirty
Defaults Remedies and Termination. 10.1. The County may impose sanctions and corrective actions for violations of this Agreement. If program costs/participant costs, performance and goals are not satisfactorily being met, the County/BCAJC reserves the right to require a corrective action plan, and should the Subcontractor not submit or implement the plan satisfactorily within 30 days, the County/BCAJC shall have the right to terminate the contact in accordance with the terms of this agreement.
10.2. Whenever, because of financial and compliance audits, procurement reviews or otherwise, the County determines there is a violation of a specific provision of the Workforce Innovation & Opportunity Act or the regulations, and required corrective action has not been taken, the County may choose to terminate any or all applicable Agreements.
Defaults Remedies and Termination. 12.1 Each of the following shall be a company default which if not cured by the Company within the time permitted (if any) for cure, shall give the Designated Agency the right, pursuant to Clause 12.4, to terminate this Agreement and claim compensation (provided that no such event shall be a company default if it results from a breach by the Government of this Agreement or it occurs as a result of or during a force majeure event):
12.1.1 failure to pay any sum due to the Government, including any taxes, under this Agreement on the due date and such failure to pay continues for sixty (60) days from the Company’s receipt of a final written demand from the Government; or
12.1.2 material breach of any of the Company’s obligations under this Agreement and such breach has been notified to the Company and has not been remedied within a period of sixty (60) days of notification, or such longer period as the Government shall in its reasonable discretion allow for the remedy of such breach;
12.1.3 termination of any project document resulting from a breach by the Company hereunder;
12.1.4 forthwith on notice to the Company where:
12.1.4.1. any proceeding (including the appointment of a provisional liquidator) is instituted by or against the Company seeking to adjudicate the company as insolvent or to wind-up the Company (and such proceeding is not disputed in good faith by the Company within forty-five (45) days of such proceeding first being instituted);
12.1.4.2. a court makes an order adjudicating the Company as insolvent;
12.1.4.3. a resolution is adopted for the voluntary winding-up of the company;
12.1.4.4. a receiver or a trustee is appointed over the whole or any part of the assets of the company and such appointment is not vacated within seventy-five (75) days; or
12.1.4.5. the Company makes an assignment for the benefit of the general body of its creditors.
12.2 For the avoidance of doubt, if the failure to make any payment under Clause 12.1.1 is a result of a good faith dispute between the parties concerning the amount to be paid then such failure to pay shall not be a Company Default. If the Parties cannot reach a mutually acceptable resolution with in sixty (60) days of such dispute arising, the matter may be referred by either party to arbitration pursuant to Clause 13. The undisputed portion shall be paid when due.
12.3 No act or event referred to in Clause 12.1 and 12.2 shall constitute a Company default or a Government default (as the case may be) ...
