DETERMINATION OF CONTRACT. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner, his/her obligation under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, or if the grant from the DHHS under which this Contract is made is terminated by DHHS, XXXX shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof. If the Contractor is unable or unwilling to comply with such additional conditions as may be lawfully imposed by DHHS on the grant or Contract under which the XXXX is performing the program to which these professional services are being rendered, XXXX shall have the right to terminate the Contract by giving written notice to the Contractor, signifying the effective date thereof. No fines or penalties will be assessed to XXXX as a result of the termination of this contract.
DETERMINATION OF CONTRACT. The contract shall be determined through Integrity Agreement which will form part of the Contract Agreement and will be signed by both the parties.
DETERMINATION OF CONTRACT. 16.1 If the Client is in breach or anticipated breach of any of the Client's obligations to the Company, or if the Client applies for suspension of payments, formal corporate reconstruction procedure is commenced or a composition with the creditors is made or the Client goes into liquidation, or if a petition is filed for liquidation proceedings against the Client and the insolvent estate does not within 5 business days from the issuance of the bankruptcy order inform the Company that the insolvent estate adopts the Contract,, the Company shall, in addition to its rights set out in condition 8.3 and condition 8.4, have the right forthwith to determine the whole or any unfulfilled part of this contract by written notice.
16.2 In the event of the Company's termination of the Contract the Company shall not be under any obligation to supply any further Products or Services under any such contract.
16.2.1 The Client shall indemnify the Company against all loss (including loss of profit) costs (including costs of labor and materials) and all expenses suffered by the Company by reason of such determination.
16.2.2 The Client (or Receiver) shall at its own cost return unsold or unused Products to the Company.
DETERMINATION OF CONTRACT. If the Buyer shall make default in or commit a breach of Contract or of any other of its obligations to the Company or if distress of execution shall be levied upon the Buyer’s property or assets, or if the Buyer shall make or offer arrangement or composition with creditors or commit any act of bankruptcy or if any petition or receiving order in bankruptcy shall be presented or made against him, or if the Buyer is a limited Company and any resolution or petition to wind up such Company’s business (other than for the purpose of amalgamation or reconstruction) shall be passed or presented, or if a receiver or administrator shall be appointed, the Company shall have the right forthwith to determine any contract then subsisting, and upon written notice of such determination being posted to the Buyer’s last known address, any subsisting contracts shall be deemed to have been determined without prejudice to any right the Company may otherwise make or exercise.
DETERMINATION OF CONTRACT. Subject to other provisions contained in this clause, the Engineer-in-charge may, without prejudice to his any other rights or remedy against the contractor in respect of any delay, inferior workmanship, any claims for damages and/or any other provisions of this contract or otherwise, and whether the date of completion has or has not elapsed, by notice in writing absolutely determine the contract in any of the following cases:
DETERMINATION OF CONTRACT. The Company shall have the right forthwith to determine this and/or any other Contract between the Buyer and the Company by written notice to the Buyer’s last known address (without prejudice to any claim or right the Company might otherwise make or exercise) in any of the following events:-
a) If the Buyer shall make default in or commit a breach of any contract with the Company; or
b) If any distress or execution shall be levied upon the Buyer’s property or assets; or
c) If the Buyer shall make or offer to make any arrangements or composition with creditors, or commit any act of bankruptcy or become insolvent; or
d) If any petition or receiving order in bankruptcy shall be presented or made against him; or
e) If the buyer shall be a limited Company and become subject of any resolution or petition for winding up or administration; or
f) If a receiver or manager of the Buyer’s undertaking, property or assets or any part thereof shall be appointed.
DETERMINATION OF CONTRACT. 20.1 Either Party may by notice of a Force Majeure Termination Notice in writing to the other Party in accordance with Clause 34 (Notices) determine the Contract upon an Event of Force Majeure occurring as more particularly detailed in Clause 23 (Force Majeure).
20.2 If the Contractor shall fail at any time to execute with due diligence and expedition any or part of the Services requisite and necessary for ensuring the proper performance of the Contract which in the Principal Contractor’s sole opinion constitutes a serious breach of this Contract the Principal Contractor may at any time after the same shall have come to its knowledge give fourteen days advance notice in writing served upon the Contractor in accordance with Clause 34 (Notices) below to rescind this Contract thereupon and without prejudice to any rights claim duties or obligations which have accrued or become due or arisen at the date of determination the Contract shall forthwith be determined and be of no effect.
20.3 During the period of 12 months preceding the end of the Term or immediately after the Authority of the Provider has given notice to terminate the whole or part of the agreement the Provider:
20.3.1 Shall as soon as reasonably practicable, at the request of the Principal Contractor, fully and accurately disclose to the Principal Contractor the TUPE information in respect of the Assigned Employees which the Principal Contractor and/or Prospective Tenderer and/or a New Provider may reasonably require and permit the Principal Contractor to use the TUPE information supplied (subject to the Principal Contractor complying with its obligations under the Data Protection Act and appropriate obligations of confidentiality) to inform any Prospective Tenderer and/or New Provider about the Assigned Employees. If during the period between supplying the TUPE Information and the Relevant Transfer there is any material change in the TUPE Information supplied or new information is discovered, the Provider shall, as soon as reasonably practicable, disclose to the Principal Contractor the updated information.
20.3.2 Use all reasonable endeavours to co-operate with any other reasonable request made by the Principal Contractor concerning the TUPE Information requested.
20.3.3 Shall not, without the prior written agreement of the Principal Contractor (such agreement not to be unreasonably withheld or delayed), materially alter or change any of the terms and conditions of employment of an Assigned Emp...
DETERMINATION OF CONTRACT. If the Buyer shall make default in or commit a breach of the Contract or of any of its obligations to the Seller or if any distress or execution shall be levied upon the Buyer’s property or assets or if the Buyer shall make or offer to make any arrangement, or composition with its creditors or commit any act of bankruptcy or if any petition or receiving order bankruptcy shall be presented or made against him or being a Limited Company or Corporation any Resolution or Petition to wind up such Company business (other than for the purpose of a voluntary re-construction or amalgamation) shall be passed or presented or if a Receiver of such company’s assets, undertakings and property or any part there of shall be appointed then the Seller shall have the right forthwith to determine any Contract then subsisting and upon written notice of such determination being posted to the Buyer at the Buyer’s last known address or Registered Office any subsisting Contract shall be deemed to have been determined without prejudice to any claim or right the Seller may otherwise make or exercise.
DETERMINATION OF CONTRACT. If the Contractor except on account of any legal restraint upon the Bank preventing the continuance of the works, on account of any of the causes mentioned in Clause “Delay and Extension of time” in the case of a certificate being withheld or not paid when due, shall suspend the works, or, in the opinion of the Architect/Consultant, shall neglect or fail to proceed
DETERMINATION OF CONTRACT. If the Contractor except on account of any legal restraint upon the Bank preventing the continuance of the works, on account of any of the causes mentioned in Clause “Delay and Extension of time” in the case of a certificate being withheld or not paid when due, shall suspend the works, or, in the opinion of the Architect/Consultant, shall neglect or fail to proceed with due diligence in the performance of his part of the Contract or if he shall more than once make default in the respects mentioned in Clause “Removal of improper work and materials”, the Bank through the Architect/Consultant shall have power to give notice in writing to the Contractor requiring that the works be proceeded with a reasonable manner and with reasonable dispatch. Such notice shall not be unreasonably given and must signify that it purports to be a notice under the provisions of this clause and must signify the act or defaults on the part of the Contractor upon which it is based. After such notice shall have been given, the Contractor shall not be at liberty to remove from the site of work, or from any ground contiguous thereto, any plant or materials belonging to him which shall have been placed thereon for the purpose of the works, and the Bank shall have lien upon such plant and materials to subsist from the date of such notice being given until the notice shall have been complied with. If the Contractor shall fail, for seven days after such notice has been given to proceed with the works as therein prescribed, the Bank may enter upon & take possession of the works and of all such plant and materials thereon intended to be used for the work, and the Bank shall retain and hold alien upon all such plant and materials until the works shall have been completed under powers hereinafter conferred upon him. If the Bank shall exercise the above power, he may engage any other person to complete the works and exclude the Contractor, his agents and servants, from entry upon or access to the same, except that the Contractor or any person appointed in writing may have access at all reasonable times during the progress of the works to inspect, survey and measure the works. Such written appointment or a copy thereof shall be delivered to the Architect/Consultant before the person so appointed comes on to the works, and the Bank shall take such steps as in the opinion of the Architect/Consultant may be reasonably necessary for completion of the works, without undue delay or expenses, using fo...
