DISPUTES AND TERMINATION. 12.1 In the event of any default by Supplier in the performance of any obligations, including without limitation the making of delivery of Goods or failing to carry out Pall ForteBio Shanghai’s reasonable instructions, Pall ForteBio Shanghai may, where such default is capable of remedy give Supplier written notice to rectify such default in a specified time. If Supplier fails to comply with the requirements of the notice, or in Pall ForteBio Shanghai’s sole opinion Supplier’s default is incapable of remedy to Pall ForteBio Shanghai’s satisfaction, Pall ForteBio Shanghai shall be entitled to terminate the Purchase Order in whole or in part, immediately serving notice in writing to Supplier to such effect, without prejudice to any other rights under the Purchase Order or otherwise, and shall have the right to retain any Goods previously supplied or the benefit of services supplied (as applicable) under the Purchase Order.
12.2 Without limiting any of Pall ForteBio Shanghai’s rights under law, Pall ForteBio Shanghai shall be entitled to terminate its Purchase Order, with immediate effect, if:
(a) Supplier makes any voluntary arrangement with its creditors or (being an individual or firm) Supplier becomes bankrupt or (being a company) becomes subject to an administration order or enters into liquidation (otherwise than for the purpose of amalgamation or reconstruction); or
(b) an encumbrancer takes possession; or a receiver or receiver and manager or administrator, or official manager is appointed, of any of Supplier’s property or assets; or
(c) Supplier ceases, or threatens to cease, to carry on business; or
(d) Pall ForteBio Shanghai reasonably apprehends that any of the events mentioned above is about to occur and notifies Supplier accordingly; or
(e) Supplier repudiates the Purchase Order; or
(f) Supplier is in default of this Purchase Order and such default is, in the opinion of Pall ForteBio Shanghai, incapable of remedy.
12.3 Pall ForteBio Shanghai’s rights and remedies are in addition to and without prejudice to other rights and remedies under the Purchase Order including Pall ForteBio Shanghai’s right to allow Supplier to continue with and recover from Supplier the loss or damage suffered by Pall ForteBio Shanghai in respect of Supplier’s defective or delayed performance.
12.4 Pall ForteBio Shanghai shall be entitled, at any time, to terminate the Purchase Order in whole or in part for its sole convenience, by serving notice on Supplier. Supplier shal...
DISPUTES AND TERMINATION. 13.1. If any dispute or difference arises between the OFI and the NF concerning the interpretation or application of this Agreement that cannot be resolved informally between the Parties, it shall be solely and exclusively determined by SDSI. The decision of SDSI will be final and binding on the Parties. Neither party may commence or maintain proceedings in any court or tribunal.
13.2. If either party breaches a term of this Agreement, the other party shall provide written notice of any required remedial action if appropriate, failing which it may terminate this Agreement by giving written notice to the party in breach.
13.3. If this Agreement is terminated prior to the Nomination Date, the OFI shall have the sole and exclusive right to determine a Nomination Policy and Appeals Process and may nominate athletes for the OFI Nomination List.
DISPUTES AND TERMINATION. 6.1 ( Dispute Regarding Duties Other than Payments) Any controversy, claim or dispute regarding the duties of the Grantee or arising out of or relating to the Agreement, or breach thereof, shall be resolved by the Director, after the OEE Chief has endeavored to resolve the dispute through discussions with the Grantee's Project Director.
DISPUTES AND TERMINATION. Dispute resolution Subject to clause 43.3, the Parties agree not to commence any legal proceedings in respect of any dispute arising under this Agreement, which cannot be resolved by informal discussion, until the procedure provided by this clause 43 has been used. The Parties agree that any dispute arising during the course of this Agreement is dealt with as follows: in the first instance and if relevant, any dispute in relation to this Agreement is to be dealt with through the process outlined in any Guidelines, after which; the Party claiming that there is a dispute will send the other Party a written Notice setting out the nature of the dispute; the Parties will try to resolve the dispute through direct negotiation by persons who they have given authority to resolve the dispute; and the Parties have 10 business days from the receipt of the Notice by the other Party to reach a resolution or to agree that the dispute is to be submitted to mediation or some other alternative dispute resolution procedure, on such terms as is agreed by the Parties, and if: there is no resolution of the dispute; there is no agreement on submission of the dispute to mediation or some alternative dispute resolution procedure; or there is a submission to mediation or some other form of alternative dispute resolution procedure, but there is no resolution within 15 business days of the submission, or extended time as the Parties may agree in writing before the expiration of the 15 business days, then either Party may commence legal proceedings. This clause 43 does not apply if: either Party commences legal proceedings for urgent interlocutory relief; action is taken by Us, pursuant to a right afforded to Us under this Agreement, including, without limitation, under clauses 23 [Repayment of Monies paid under this Agreement], 32 [Access to premises and records], 45 [Remedies], 47 [Termination with costs and reduction], or 48 [Termination for default]; or an authority of the Commonwealth, a State or Territory is investigating a breach or suspected breach of the law by You. Despite the existence of a dispute, both Parties must (unless requested in writing by the other Party not to do so) continue to perform their obligations under this Agreement. Each Party will bear its own costs in complying with the clause 43. Your Suspension Without limiting Our rights under this Agreement, or at law, if We are of the opinion that: You may be in breach of Your obligations under this Agreement, an...
DISPUTES AND TERMINATION. 5.1. Should any dispute arise between the parties, the parties shall use their best endeavours to resolve the dispute amicably, failing which, the matter shall be referred for resolution to the Court mentioned in paragraph 5.4. below. For provisional sentence or otherwise, a certificate which is signed by a director or accountant of The Administrator as to the amount owing by The Client and as to the date of payment of such an amount in terms of this Agreement, shall be prima facie proof of the particulars therein stated.
5.2. The parties hereto agree that, in the event that The Contractor no longer qualifies as an employer of security officers, in terms of the Private Security Industry Regulatory Authority Act No. 56 of 2001, The Administrator shall immediately engage the services of another suitable security services provider and this Agreement shall complete its course. In this regard, The Contractor undertakes to notify The Client immediately in the event that it no longer meets with the aforesaid requirements. The Contractor undertakes to remove immediately from The Client’s site any of the personnel of The Contractor who no longer qualify as security officers in terms of such Act.
5.3. In the event of non-compliance by any party with any of the terms and conditions of this Agreement, the other party/(ies) may give written notice to the defaulting party to rectify and/or remedy such non-compliance within 14 (fourteen) days of receipt of such written notice and should the defaulting party fail to rectify and/or remedy such non-compliance within 14 (fourteen) days of such written notice, the other parties shall be entitled to cancel this contract forthwith without prejudice to any other rights or remedies such party may have in law.
5.4. The Parties hereby consent to the jurisdiction of the Witwatersrand Local Division of the High Court of South Africa for the resolution of any disputes, claims and interdicts or any other actions or applications arising out of the operation of this agreement or the termination thereof.
DISPUTES AND TERMINATION. 6.1 Any dispute between the Client and Compudraft Pty Ltd shall first be subject to mediation, provided that this provision shall not prevent Compudraft Pty Ltd from instituting legal action at any time, to recover monies owing by the Client to Compudraft Pty Ltd.
6.2 Either Compudraft Pty Ltd or the Client may terminate this Agreement prior to its completion (by giving seven (7) days notice in writing to the other), provided that such notice shall not be given until the party intending to give notice has consulted with the other. Compudraft Pty Ltd shall be reimbursed for work carried out prior to the termination.
6.3 Compudraft Pty Ltd may terminate or suspend this Agreement if the Client is in breach of Clause 2 of this Agreement.
DISPUTES AND TERMINATION. The Parties agree that they will use best efforts, in good faith, to resolve any disputes arising under this MOU. This MOU may be terminated by any Party by giving 120 days written notice to the other Party, after using best efforts to resolve any differences leading to such termination.
DISPUTES AND TERMINATION. (a) For all disputes, whether monetary or non-monetary, Xxxxxx and Distributor agree that before resorting to any remedies provided in this Agreement, each Party will first notify the other Party in writing of the item(s) of dispute. For a period of ten (10) business days following such written notice, the Parties agree to work together in good faith to resolve such dispute.
(b) If the Parties are unable to resolve the dispute during such ten (10) business day period and a Party believes a breach has occurred, such Party may give the other Party written notice describing in reasonable detail the breach. Upon the receipt of such written notice of breach, the Party receiving the notice shall have a period of sixty (60) days to cure such breach. Distributor’s sole and exclusive remedy for a non-monetary breach not cured by the expiration of such sixty (60) day period is to terminate this Agreement by giving Xxxxxx written notice that Distributor is terminating this Agreement.
DISPUTES AND TERMINATION. 1. Invoice disputes concerning authorizations and invoices of payment should be sent to DWIHN.
2. This Agreement will be in effect until such time as it is terminated or changed. Both parties agree to provide thirty (30) days written notice for termination without cause. The agreement may be terminated immediately if there has been substantiated cause of abuse, neglect, or fraud. The SERVICE PROVIDER agrees to participate in transition planning. Service Provider Representative (Print) Service Provider’s Business Name Phone Service Provider Representative’s (Print) Title Service Provider Representative’s Signature Date Individual’s Signature Date Legal Representative’s Signature (only if applicable) Date Legal Representative’s Relationship to the Individual This Agreement is made on between Detroit Xxxxx Integrated Health Network (DWIHN)/the Pre-paid Inpatient Health Plan (PIHP) and (Medicaid Provider). The purpose of this agreement is to define the roles and responsibilities of the above name parties and to assure compliance with federal Medicaid requirements. This agreement shall remain in effect until such time it must be terminated or modified. Any party can initiate a termination or modification by providing written notice to the other of the desire to terminate or modify this agreement. This agreement should not be finalized until the provider has met any additional requirements to provide Medicaid Services (i.e. background check, training). Should the provider fail to meet Medicaid requirements, DWIHN may suspend or terminate this agreement.
1) Upon receipt of this agreement, to certify the Medicaid Provider as available to provide Supports and Services to Individuals Self-Directing their Supports and Services that are financed through Michigan’s Medicaid Specialty Pre-paid Mental Health Plan.
1) To keep any records necessary to fully disclose the extent of services the provider furnishes to the individual who receives services.
2) On request, to furnish any information maintained under paragraph (1) of this section and any information regarding payments claimed for furnishing services under the person-centered plan to DWIHN, the Financial Management Agency, the Self-Determination Administrator, the State Medicaid Agency, the Secretary of the Department of Health and Human Services, or the State Medicaid Fraud Control Unit.
3) To comply with the disclosure requirements specified in 42 CFR 455, Subpart B, as applicable which state that I must disclose...
DISPUTES AND TERMINATION. 1. ( Dispute Regarding Duties Other than Payments) Any controversy, claim or dispute (other than whether any payment of money or reimbursement of money is due under this Agreement) regarding the duties of the Grantee or arising out of or relating to this Agreement, or breach thereof, shall be resolved by the Director after the OEE Chief has endeavored to resolve the dispute, through discussions with the Grantee's Project Director.
2. (Suspension/Termination) As part of the resolution of any controversy, claim or dispute regarding the duties of the Grantee or arising out of or relating to this Agreement, or breach thereof, the Director may immediately, with written notice to the Grantee, suspend or terminate this Agreement and any obligations incidental thereto, in whole or in part, and/or require total or partial refund of payments made to the Grantee by the OEEF, if it appears to the Director that 1) the Grantee has not substantially performed according to the terms of this Agreement; 2) the Grantee has not shown the ability to perform in the future; 3) the Grantee has violated federal or state laws or regulations; or 4) the effective performance of this Agreement is substantially endangered.
