Common use of Determination of Agreement Clause in Contracts

Determination of Agreement. (1) If at any time the Company enters into liquidation (other than a voluntary liquidation for the purpose of reconstruction and assignment of rights under this Agreement) the Minister may determine this Agreement. (2) If— (a) the Company at any time fails to comply with the terms and conditions of this Agreement; and (b) the Minister having given to the Company at least six months' written notice requiring it to remedy that failure either wholly or so far as it is possible to do so within the period of the notice, the Company does not comply with the notice— the Minister may apply to a judge of the Court in xxxxxxxx for a summons calling upon the Company to show cause why this Agreement should not be determined. (3) Upon the hearing of any summons issued under the last preceding sub-clause the following provisions shall apply— (a) unless the Court considers that the failure aforesaid was due to mistake or to circumstances beyond the control of the Company or that there was otherwise a reasonable cause therefor and that the State has not been and will not be materially prejudiced by that failure, the Court may by order authorize the Minister to determine this Agreement and thereupon the Minister may determine it accordingly; (b) evidence may be given by affidavit or if the Court so directs may be given orally or partly by affidavit and partly orally; (c) subject to the last preceding paragraph the procedure shall be as the Court may direct; (d) the Court may make such order as to costs as it deems just. (4) In the last preceding sub-clause "Court" means the Supreme Court of the State of Xxxxxxxx or a Judge thereof.

Determination of Agreement. (1) If at any time the Company enters into liquidation (other than a voluntary liquidation for the purpose of reconstruction and assignment of rights under this Agreement) the Minister may determine this Agreement. (2) If— (a) the Company at any time fails to comply with the terms and conditions (other than clause 15) of this Agreement; and (b) the Minister having given to the Company at least six months' written notice requiring it to remedy that failure either wholly or so far as it is possible to do so within the period of the notice, the Company does not comply with the notice— the Minister may apply to a judge of the Court in xxxxxxxx for a summons calling upon the Company to show cause why this Agreement should not be determined. (3) Upon the hearing of any summons issued under the last preceding sub-clause the following provisions shall apply— (a) unless the Court considers that the failure aforesaid was due to mistake or to circumstances beyond the control of the Company or that there was otherwise a reasonable cause therefor and that the State has not been and will not be materially prejudiced by that failure, the Court may by order authorize the Minister to determine this Agreement and thereupon the Minister may determine it accordingly; (b) evidence may be given by affidavit or if the Court so directs may be given orally or partly by affidavit and partly orally; (c) subject to the last preceding paragraph the procedure shall be as the Court may direct; (d) the Court may make such order as to costs as it deems just. (4) In the last preceding sub-clause "Court" means the Supreme Court of the State of Xxxxxxxx or a Judge thereof.

Determination of Agreement. Sch. 2 (1) If at any time the Company enters into liquidation (other than a voluntary liquidation for the purpose of reconstruction and assignment of rights under this Agreement) the Minister may determine this Agreement. (2) If— (a) the Company at any time fails to comply with the terms and conditions of this Agreement; and (b) the Minister having given to the Company at least six months' written notice requiring it to remedy that failure either wholly or so far as it is possible to do so within the period of the notice, the Company does not comply with the notice— the Minister may apply to a judge of the Court in xxxxxxxx for a summons calling upon the Company to show cause why this Agreement should not be determined. (3) Upon the hearing of any summons issued under the last preceding sub-clause the following provisions shall apply— (a) unless the Court considers that the failure aforesaid was due to mistake or to circumstances beyond the control of the Company or that there was otherwise a reasonable cause therefor and that the State has not been and will not be materially prejudiced by that failure, the Court may by order authorize the Minister to determine this Agreement and thereupon the Minister may determine it accordingly; (b) evidence may be given by affidavit or if the Court so directs may be given orally or partly by affidavit and partly orally; (c) subject to the last preceding paragraph the procedure shall be as the Court may direct; (d) the Court may make such order as to costs as it deems just. (4) In the last preceding sub-clause "Court" means the Supreme Court of the State of Xxxxxxxx or a Judge thereof.