Failure to Fulfil Obligations. Subject to section 14.1(e), the failure of either Party to fulfil any of its obligations under the Agreement shall not be considered to be a breach of, or Event of Default under, the Agreement to the extent that such failure to fulfill the obligation arose from an event of Force Majeure, if the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of the Agreement.
Failure to Fulfil Obligations. The Translation Centre reserves the right to terminate the contract in respect of one, several or all language combinations at any time by registered letter:
a) in the event of failure by the Contractor — duly noted by the Translation Centre and communicated to the Contractor in writing — to discharge his obligations under this contract;
b) where a change in the Contractor's legal, financial, technical or organisational situation could have a material effect on the contract.
Failure to Fulfil Obligations. 36.1. The Contracting Parties shall refrain from taking any measures which might jeopardize the attainment of the objectives of the Agreement.
36.2. They shall take all general or special measures necessary to ensure fulfilment of the obligations arising from this Agreement. If either Contracting Party considers that the other Contracting Party has failed to fulfil an obligation arising from this Agreement, the procedure referred to in paragraph 37.2 shall apply.
Failure to Fulfil Obligations. 22.1. The Lessor is entitled to terminate or cancel all or part of the lease agreement with immediate effect by written notice to the Lessee if:
22.1.1. Lessee is in default of its obligations under the lease agreement;
22.1.2. Lessee applies for (provisional) suspension of payment or is granted (provisional) suspension of payment;
22.1.3. The Lessee's bankruptcy is filed, or he is declared bankrupt;
22.1.4. Xxxxxx is placed under guardianship or admitted to the debt restructuring scheme for natural persons;
22.1.5. At the Lessee's expense, the pram or other property of the Lessee is seized and this adversely affects the performance of its obligations under the lease agreement;
22.1.6. In the opinion of the Lessor, the Lessee misuses the service provided by the Lessor;
22.1.7. Lessee intentionally provides false information to Lessor;
22.1.8. Lessee should otherwise be deemed no longer able to fulfil the obligations under the lease agreement.
Failure to Fulfil Obligations. Neither Party shall be liable for any failure to fulfil its obligations under this Agreement (except an obligation to pay money) if such failure is caused by any circumstances beyond its reasonable control, including flood, earthquakes, war (whether declared or not), terrorism, sabotage, revolution, invasion, insurrection, strike, lock-out or any other industrial action, riot, civil commotion, mob violence, blockade, embargo, boycott, exercise of military power, fire, explosion, quarantine, theft, acts or restraints of government including the imposition or restrictions of or embargos on imports or exports and/or services, and electricity failures or blackouts.
Failure to Fulfil Obligations. 12.1. Obligations under the Agreement shall be fulfilled in the currency in which the Schedule is drawn up. If the Borrower makes a payment in a different currency, Mogo shall convert the amount to the currency of the Schedule according to the commercial currency exchange rate of a credit institution of Mogo’s choice or the currency exchange rate fixed by the Bank of Lithuania on the date of receipt of the payment. If, after the conversion of the appropriate amount, the Borrower’s payment is not sufficient to cover the regular payment under the Schedule, the Borrower shall cover the resulting debt not later than within three (3) working days. The Borrower shall cover any costs related to money transfers, payments, etc.
12.2. The Agreement shall remain in force until full discharge of obligations under the Agreement.
12.3. The Agreement shall be deemed completed upon completion of the following:
12.3.1. the Borrower pays Mogo all Lease/Leasing Payments provided for in the Schedule or the Outstanding Lease/Leasing Amount and Lease/Leasing Payments accrued until the payment date thereof,
12.3.2. the Borrower pays Mogo the Penalty for Delayed Payment (if any),
12.3.3. if the Borrower decides to exercise the right to buy back the Vehicle as set out in the Agreement and Mogo transfers the title to the Vehicle to the Borrower in accordance with the terms and conditions of the Agreement and this is registered in the Register.
12.4. If the Borrower decides to exercise the right to buy back the Vehicle, he/she/it shall be required to fulfil the requirements of paragraph 6.5 of the General Terms. In such event, not later than within seven (7) days from the date on which the Borrower fulfils all the obligations provided for in paragraph 6.5 of the General Terms, Mogo shall issue to the Borrower a confirmation (in the Durable Medium) that the title to the Vehicle has been passed to the Borrower under the Agreement, while the Borrower shall register the Vehicle in the Register on his/her/its own behalf not later than within seven (7) days from the receipt of such confirmation. Should the Borrower fail to re-register the Vehicle in the Register on his/her/its behalf within the time limit specified herein, Mogo shall have the right to remove the Vehicle from the Register. It shall be deemed that the Borrower hereby grants to Mogo an irrevocable and unconditional authorisation to take these steps on behalf of the Borrower.
12.5. The obligations under the Agreement shall be...
Failure to Fulfil Obligations. Neither Party shall be liable for any failure to fulfil its obligations under this Agreement if such failure is caused by any circumstances beyond its reasonable control, including flood, fire, earthquake, war, tempest, hurricane, industrial action, government restrictions or acts of God.
Failure to Fulfil Obligations. In case of the default of one party to perform any of its obligations, including any inaccuracy in its declarations and guarantees, the other party, if a formal notice sent to the defaulting party by registered post and recorded delivery remains unheeded for eight days after its first presentation, will have the right to consider the present Agreement as terminated because of the wrongs and grievances of the defaulting party. In case of the default of one party over financing the production, especially in case of bankruptcy or suspension of payments, the other party shall have the right, after formal notice sent to the defaulting party by registered post and recorded delivery has remained without effect for 15 days of its first presentation, to replace the defaulting party by a co-producer of the same nationality who will take on all or part of the latter's rights. Such substitution shall be in proportion to the amount not funded compared with the defaulting party's original commitment as it appears in this present Agreement and that, subject to any additional damages. The money already invested by the defaulting party shall in any event be treated as a debt repayable: - by revenue, - last row - after recovery of its contribution by the replacing co-producer. The non-defaulting party shall also be entitled to have priority for the purchase, subject to notification of such intent in the notice above, of all the defaulting party's tangible and intangible rights (including rights to income) against payment of a share of the Film's profits equal to the ratio between the amounts owed by the defaulting party from its own funds and the total cost of production and this, up to the limit of the amounts paid by the defaulting party (having made clear that the benefits mean here the surplus of the net producer takings after the cost of the Film has been covered).
Failure to Fulfil Obligations. In case of the default of one party to fulfil any of its obligations, including any inaccuracy in its declarations and guarantees, the other party, if formal notice to the defaulting party by registered letter by recorded delivery remains unheeded for eight days after its first presentation, will have the right to consider this present agreement as terminated because of the wrongs and grievances of the Defaulting Party. In case of the default of Company A, Company B will be entitled to be reimbursed all monies already paid in pursuance of the present contract, without prejudice to any additional damages. Finally, in case of the default of one of the parties, and particularly in the case of bankruptcy or suspension of payments, the other party shall have priority for the purchase, subject to notification of such intent in the notice above, of all the defaulting party's tangible and intangible rights (including rights to income) against payment of a share of the Film's profits equal to the ratio between the amounts owed by the defaulting party from its own funds and the total cost of the production and this, up to the limit of the amounts paid by the defaulting party (having made clear that the benefits are understood here to mean the surplus of the net producer takings after the cost of the Film has been covered).
Failure to Fulfil Obligations. 26.1 If one of the Parties fails or can reasonably be expected to fail to fulfil its obligations arising out of this Agreement, the respective Party shall immediately inform the other Parties and the XXXX Director, together with an explanation of the causes. The XXXX Director shall immediately forward this information to the Board, together with the likely consequences of such failure and proposed actions to be taken.
26.2 The said Party shall be called upon by the other Parties to abide by its obligations. If the said Party does not comply with that request or remedies the failure in the time set by the other Parties, the other Parties may take such steps as they deem necessary to ensure that the purpose of this Agreement is maintained. These steps may include measures to be taken against the Party failing to fulfil its obligations, including, but not limited to, a reduction of Observing Time or the suspension of voting rights on the Board.
26.3 An event where a Party should not be in a position to adhere to its intentions as described in Articles 13.1, 15.3, 23.1 or 24.1, shall be considered a failure to fulfil obligations and treated according to this Article. The said Party shall use best efforts to mitigate the effects of such an event.
