Failure and Termination. 12.1 Buyer may terminate this Agreement at any time giving thirty (30) days written notice to Supplier.
12.2 If the Supplier fails to fulfill to the letter of obligation resting on it under the Order, or if the Buyer can reasonably conclude that the Supplier will fail to fulfill any such obligation, then without notice of default the Buyer may, by notice in writing, suspend all its obligations towards the Supplier, cancel the Order and/or terminate the Order in whole or in part, without judicial intervention, retaining all other rights accruing to it.
12.3 In the event of full termination, in exchange for restitution of amounts already paid and costs of transport, the Buyer will return Goods already delivered to the Supplier, at the Supplier’s expense and risk. In the event of partial termination, the Buyer will pay a reasonable portion of the price agreed for the Goods already delivered and accepted by the Buyer.
12.4 The Buyer is also authorized to cancel the Order or dissolve it in whole or in part with immediate effect, without notice of default and without judicial intervention by means of a written statement, if the Supplier applies for suspension of payments, provisional suspension of payments or bankruptcy, is declared bankrupt in a judgment that has become irrevocable, or if the Supplier’s business has been liquidated or terminated other than for the purposes of a merger or business split. If the Buyer terminates the Order for any such reason, the Buyer will never be obliged to pay any damages, without prejudice to the other rights accruing to the Buyer, including the right to full compensation of damages and refunding of the purchaseprice.
Failure and Termination. If the contractor fails to deliver the vehicles or any installment thereof within period fixed for such delivery in the schedule or as extended or at any time repudiates the contract before the expiry of such period, for any reason whatsoever other than those specified in clause 13 below, the President of India may without prejudice to his other rights:
(a) recovery from the contractor as agreed liquidated damages and not by way of penalty a sum as specified in clause 12 below, or
(b) to cancel the contract or a portion thereof and if so desired to have the vehicles manufactured or authorize the manufacture of the vehicles not so delivered or other of a similar description (where vehicles exactly complying with particulars are not in the opinion of President of India which shall be final readily procurable) at the risk and cost of the contractor.
Failure and Termination. Should the supplier fail to deliver the stores or any consignment within the period prescribed, then on the expiry of 30 days after such period, the Buyer shall be entitled at his option to take either of the following actions.
Failure and Termination. The fact, for any of the Parties, to fail to comply with any of the provisions of the Frogans Technology User Policy which concern their relations, constitutes a failure to respect this Agreement. In the event of any of the Parties failing to respect its obligations arising from this Agreement, the other Party can send it a formal notice by E-mail to the addresses defined in article 9.8 (Commu- nications) or by postal mail to the addresses defined in article 9.16 (Election of Domicile). If this formal notice remains without effect for 14 (fourteen) calendar days after it has been sent, this Agreement can be terminated. Termination of this Agreement leads to the closing of the FCR Account. In the case where, in compliance with the Frogans Technology User Policy, the OP3FT terminates the Frogans technology user license of the FCR Account Administrator, this Agreement shall be terminated as of right. This Agreement is automatically terminated in the case where the FCR Account Administrator proceeds to the closing of its FCR Account.
Failure and Termination. In case of delay in the conduct of Consultancy services within the time fixed or in the event of repudiation of the contract, the Client reserves the right to recover damage for Breach of contract as indicated below:
Failure and Termination. Should the Supplier fail to deliver the stores or any consignment thereof, within the period prescribed for such delivery, the Purchaser shall be entitled at his option, to the following:
Failure and Termination. If the bidder fails to deliver the goods and/or services or any instalment thereof within the period fixed for such delivery or at any time repudiates the contract before the expiry of such period, the Administrative Officer may without prejudice to the right of the purchaser to recover damages for breach of the contract;
a. Recover from the bidder as agreed liquidated damages and not by way of penalty, a sum equivalent to 2% of the price of any goods and/or services which the bidder has failed to deliver within the period fixed for delivery in the contract for ech month or part of a month during which delivery of such goods and/or services may be in arrears where delivery thereof, is accepted after expiry of aforesaid period, or
b. Purchase or authorize the purchase elsewhere without notice to the bidder, on the account and the risk of the bidder of the goods and/or services not so delivered or others of similar descriptions (where goods and/or services exactly complying with particulars are not in the opinion of the Administrative Officer, which shall be final readily procurable) without concealing the contract in respect of the instalments not yet due for delivery, or
c. Cancel the contract or a portion thereof and if so desired purchase or authorize the purchase of the goods and/or services not so delivered or other of a similar description (where goods and/or services exactly complying with particulars are not in the opinion of the Administrative Officer, which shall be final, readily procurable) at the risk and cost of the bidder. Where actions is taken under Sub-clause (ii) or sub-clause (iii) above, the bidder shall be liable for any loss which the purchaser may sustain on that account provided the purchase or if there is an agreement to purchase, such agreement is made, in case of failure to deliver the goods and/or services within the period fixed for such delivery within six months from the date of such failure and in case of repudiation of the contract before the expiry of the aforesaid period of delivery, within six months from the date of cancellation of the contract. The bidder shall not be entitled to any gain in such purchase and the manner and method of such purchase shall be in the entire discretion of the Administrative Officer. It shall not be necessary for the purchaser to serve a notice of such purchase on the bidder.
Failure and Termination. 10.1. If at any time during the term of this Agreement of the parties (hereinafter, the "breach part") violates any of its obligations agreed to in this Agreement is in or falsity of any of its manifestations or conventions declared in the Similarly, the other party shall have the right to terminate this Agreement at unilaterally and without resolution or interpellation court, but only IF
(A) such party has delivered previously to the breach part a notice of default to describe the peculiarities of the obligation (s) (is) breached (s) or event (s) (s) or fake agreement (s) (s) and
(B) the party has not corrected breach such failure within a period of thirty (30) days posteriors such notification or not has begun procedures to remedy such breach through timely payment or compliance with the requirement (s) (is) breached ( s).
Failure and Termination. If the bidder fails in the performance of the contract in the manner and within the time fixed or there is likelihood of an anticipatory breach of whole or part of the contract, the Company will have the right to rescind the contract and have it performed through other party at the risk and cost of the bidder.
Failure and Termination. Should the Contractor fail to deliver Service or abide by any Instruction or orders as issued from time to time thereof within the period prescribed for Contract agreement the authority will be entitled at the option either:-
i. To cancel the contract with forfeiture of Security Deposit.
ii. To impose fine ranging from Rs.1,000 to Rs.5,000 subject to the level / intensity of breach.
a) Clarification, if any, must be sought from the Procurement Section, Capital Hospital before preparation of your tender.
b) Non-compliance of any of the above instructions will render the tender liable to be ignored.
