Examples of Breach Provisions Sample Clauses

Examples of Breach Provisions. (a) This clause 14.4(a) sets out an example of the application of clause 14.1 (where the breach of the relevant essential term is not remedied by the explorer): (i) the explorer enters into the accepted exploration contract in accordance with clause 5.1 of the framework ILUA; (ii) the accepted exploration contract applies to authorised exploration tenements EL1, EL2 and EL3; (iii) a heritage clearance survey is undertaken pursuant to the (iv) a payment for that heritage clearance survey is due on 1 January 2005; (v) the explorer does not make the payment by that date; (vi) this failure to pay is a breach of clause 6.3 of the accepted exploration contract; (vii) clause 6.3 is an essential term of the accepted exploration contract; (viii) the association becomes aware on 3 January 2005 of the failure of the explorer to make the required payment for the heritage clearance survey; (ix) the indigenous parties give the explorer notice of the breach on 6 January 2005. A copy of this notice is also provided to the state on the same day. This notice provides details of the alleged breach and the requirement to remedy it within 20 business days (ie by 4 February 2005); (x) EL1, EL2 and EL3 expire on 1 January 2006, 1 January 2007 and 1 January 2008, respectively; (xi) The state is thus notified of the breach more than 5 business days before any renewal or regrant of EL1, EL2 or EL3; (xii) The explorer has not remedied the breach by 1 January 2008; (xiii) the accepted exploration contract: (a) will continue to apply to EL1, EL2 and EL3; and (b) will not apply to the renewal or regrant of EL1, EL2 or EL3. (b) This clause 14.4(b) sets out an example of the application of clause 14.1 (where the breach of the relevant essential term is remedied by the explorer): (i) the explorer enters into the accepted exploration contract in accordance with clause 5.1 of the framework ILUA; (ii) the accepted exploration contract applies to exploration tenements EL1, EL2 and EL3; (iii) a heritage clearance survey is undertaken pursuant to the (iv) payment for that heritage clearance survey is due on 1 January 2008; (v) the explorer does not make payment by that date; (vi) this failure to pay is a breach of clause 6.3 of the accepted exploration contract; (vii) clause 6.3 is an essential term of the accepted exploration contract; (viii) the association becomes aware on 3 January 2008 of the failure of the explorer to make the required payment for the heritage clearance survey; (ix) the i...
Sample 1Sample 2See All (4)
AutoNDA by SimpleDocs

Related to Examples of Breach Provisions

  • Waiver of Breach The waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereof.

  • Non-Waiver of Breach The waiver by any party hereto of the other party’s prompt and complete performance, or breach or violation, of any term or provision of this Agreement shall be effected solely in a writing signed by such party, and shall not operate nor be construed as a waiver of any subsequent breach or violation, and the waiver by any party hereto to exercise any right or remedy which he or it may possess shall not operate nor be construed as the waiver of such right or remedy by such party, or as a bar to the exercise of such right or remedy by such party, upon the occurrence of any subsequent breach or violation.

  • Waiver of Breach; Specific Performance The waiver of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other breach. Each of the parties to this Agreement will be entitled to enforce this Agreement, specifically, to recover damages by reason of any breach of this Agreement, and to exercise all other rights existing in that party’s favor. The parties hereto agree and acknowledge that money damages may not be an adequate remedy for any breach of the provisions of this Agreement and that any party may apply to any court of law or equity of competent jurisdiction for specific performance or injunctive relief to enforce or prevent any violations of the provisions of this Agreement.

  • Notification of Breach During the term of this Agreement:

  • Limitation of Liability in Event of Breach An Interconnection Party (“Breaching Party”) shall have no liability hereunder to the other Interconnection Parties, and the other Interconnection Parties hereby release the Breaching Party, for all claims or damages that either of them incurs that are associated with any interruption in the availability of the Customer Facility, Interconnection Facilities, Transmission System or Interconnection Service or damages to an Interconnection Party’s facilities, except to the extent such interruption or damage is caused by the Breaching Party’s gross negligence or willful misconduct in the performance of its obligations under this Interconnection Service Agreement (including Appendix 2).

  • Event of Breach 7.1 The following circumstances shall be deemed Event of Default: 7.1.1 Pledgor’s any breach to any obligations under the Transaction Documents and/or this Agreement. 7.1.2 Party C’s any breach to any obligations under the Transaction Documents and/or this Agreement. 7.2 Upon notice or discovery of the occurrence of any circumstances or event that may lead to the aforementioned circumstances described in Section 7.1, Pledgor and Party C shall immediately notify Pledgee in writing accordingly. 7.3 Unless an Event of Default set forth in this Section 7.1 has been successfully resolved to Pledgee’s satisfaction within twenty (20) days after the Pledgee and /or Party C delivers a notice to the Pledgor requesting ratification of such Event of Default, Pledgee may issue a Notice of Default to Pledgor in writing at any time thereafter, demanding the Pledgor to immediately exercise the Pledge in accordance with the provisions of Section 8 of this Agreement.

  • Investigation of Breach If the Seller (i) has knowledge of a breach of a representation or warranty made in Section 3.4, (ii) receives notice from the Depositor, the Trust, the Owner Trustee or the Indenture Trustee of a breach of a representation or warranty made in Section 3.4, (iii) receives a written request to repurchase a Receivable due to an alleged breach of a representation and warranty in Section 3.4 from the Owner Trustee, the Indenture Trustee, any Verified Note Owner or any Noteholder (which repurchase request shall provide sufficient detail so as to allow the Seller to reasonably investigate the alleged breach of the representations and warranties in Section 3.4; provided, that with respect to a repurchase request from a Noteholder or a Verified Note Owner, such repurchase request shall initially be provided to the Indenture Trustee) for a Receivable (each, a “Repurchase Request”) or (iv) receives a final report from the Asset Representations Reviewer that indicates that the Asset Representations Reviewer has determined that a test procedure under the Asset Representations Review Agreement has not been satisfied with respect to a representation or warranty set forth in Section 3.4 for a Receivable, then, in each case, the Seller will investigate the Receivable to confirm the breach and determine if the breach materially and adversely affects the interests of the Purchaser, the Issuer or the Noteholders in any Receivable. None of the Servicer, the Issuer, the Owner Trustee, the Indenture Trustee, the Asset Representations Reviewer or the Administrator will have an obligation to investigate whether a breach of any representation or warranty has occurred or whether any Receivable is required to be repurchased under this Section 3.5.

  • Effect of Breach In the event that Executive breaches any provision of this Agreement, Executive agrees that the Company may suspend all payments to Executive under this Agreement (including any Severance Payment), recover from Executive any damages suffered as a result of such breach and recover from Executive any reasonable attorneys’ fees or costs it incurs as a result of such breach. In addition, Executive agrees that the Company may seek injunctive or other equitable relief, without the necessity of posting bond, as a result of a breach by Executive of any provision of this Agreement.

  • Waiver of Breach and Severability The waiver by either party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party. In the event any provision of this Agreement is found to be invalid or unenforceable, it may be severed from the Agreement and the remaining provisions of the Agreement shall continue to be binding and effective.

  • Independence from Material Breach Determination Except as set forth in Section X.D.1.c, these provisions for payment of Stipulated Penalties shall not affect or otherwise set a standard for OIG’s decision that Xxxxx has materially breached this IA, which decision shall be made at OIG’s discretion and shall be governed by the provisions in Section X.D, below.

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