Common use of Examples of Breach Provisions Clause in Contracts

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 indigenous parties give the explorer notice of the breach on 6 January 2008. 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 2008); (x) the explorer makes the required payment on 8 January 2008; (xi) the accepted exploration contract will continue to apply to EL1, EL2 and EL3 and any renewal or regrant of those ELs. (c) This clause sets out an example of the application of clauses 14.2 and 14.3: (i) the explorer enters into the accepted exploration contract in accordance with the framework ILUA; (ii) the accepted exploration contract applies to exploration tenements EL1, EL2 and EL3; (iii) the explorer holds a required environment protection licence under the Environment Protection Act 1993 in relation to its authorised exploration activities on EL1; (iv) the explorer fails to renew its environment protection licence by the due date; (v) this failure is a contravention of the Environment Protection Act 1993; (vi) this failure is also a breach of clause 7.1 of the accepted exploration contract; (vii) clause 7.1 is an essential term of the accepted exploration contract; (viii) the association becomes aware of the failure to hold an environment protection licence on 3 January 2008; (ix) the indigenous parties give the explorer notice of the breach on 6 January 2008. 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 2008); (x) EL1 expires on 10 March 2008 and is to be renewed or regranted on 11 March 2008; (xi) assume the following two scenarios: (A) the explorer obtains an environment protection licence on 8 March 2008 and thereby remedies the breach of clause 7.1 of the accepted exploration contract; and (B) the explorer does not obtain an environment protection licence by 11 March 2008; and (xii) the accepted exploration contract will apply to: (A) EL1 until 11 March 2008 and also to EL2 and EL3 and to any renewal or regrant of EL1, EL2 or EL3 (in the scenario referred to in 14.4(c)(xi)(A)); and (B) EL1 until 10 March 2008, EL2 and EL3 (and any renewal or regrant of those ELs), but not to any renewal or regrant of EL1 (in the scenario referred to in clause 14.4(c)(xi)(B)).

Examples of Breach Provisions. (a) This clause 14.4(a15.4(a) sets out an example of the application of clause 14.1 15.1 (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 minister 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 minister 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(b15.4(b) sets out an example of the application of clause 14.1 15.1 (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 indigenous parties give the explorer notice of the breach on 6 January 2008. A copy of this notice is also provided to the state minister 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 2008); (x) the explorer makes the required payment on 8 January 2008; (xi) the accepted exploration contract will continue to apply to EL1, EL2 and EL3 and any renewal or regrant of those ELs. (c) This clause sets out an example of the application of clauses 14.2 15.2 and 14.315.3: (i) the explorer enters into the accepted exploration contract in accordance with the framework ILUA; (ii) the accepted exploration contract applies to exploration tenements EL1, EL2 and EL3; (iii) the explorer holds a required environment protection licence under the Environment Protection Act 1993 in relation to its authorised exploration activities on EL1; (iv) the explorer fails to renew its environment protection licence by the due date; (v) this failure is a contravention of the Environment Protection Act 1993; (vi) this failure is also a breach of clause 7.1 of the accepted exploration contract; (vii) clause 7.1 is an essential term of the accepted exploration contract; (viii) the association becomes aware of the failure to hold an environment protection licence on 3 January 2008; (ix) the indigenous parties give the explorer notice of the breach on 6 January 2008. A copy of this notice is also provided to the state minister 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 2008); (x) EL1 expires on 10 March 2008 and is to be renewed or regranted on 11 March 2008; (xi) assume the following two scenarios: (A) the explorer obtains an environment protection licence on 8 March 2008 and thereby remedies the breach of clause 7.1 of the accepted exploration contract; and (B) the explorer does not obtain an environment protection licence by 11 March 2008; and (xii) the accepted exploration contract will apply to: (A) EL1 until 11 March 2008 and also to EL2 and EL3 and to any renewal or regrant of EL1, EL2 or EL3 (in the scenario referred to in 14.4(c)(xi)(A)); and (B) EL1 until 10 March 2008, EL2 and EL3 (and any renewal or regrant of those ELs), but not to any renewal or regrant of EL1 (in the scenario referred to in clause 14.4(c)(xi)(B15.4(c)(xi)(B)).