Irremediable Default Clause Samples
An Irremediable Default clause defines specific breaches of contract that cannot be corrected or cured by the defaulting party. In practice, this clause typically lists actions or failures—such as insolvency, fraud, or unauthorized disclosure of confidential information—that, once committed, immediately trigger consequences like termination or enforcement of remedies, regardless of any attempts to fix the breach. Its core function is to provide certainty and protection for the non-breaching party by allowing swift action when certain serious violations occur, thereby minimizing ongoing risk and potential harm.
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Irremediable Default. The Authorised Officer may issue a Default Notice to the Provider where a Default may have or appears to have occurred that is not capable of being remedied (“an Irremediable Default”). Where the Authorised Officer is satisfied that in any particular case the Provider is in Irremediable Default he shall be entitled to issue a Irremediable Default Notice to the Provider specifying: the nature of the Irremediable Default; and request written acknowledgment from the Provider within [24 hours] of the date of the Irremediable Default Notice that an Irremediable Default exists. On expiry of the [24 hour] notice period within the Irremediable Default Notice the Authority shall be entitled to invoke the termination provisions under clause 15.2.1. The administrative costs incurred by the Authority in respect of each Irremediable Default Notice issued shall be [£50.00]14 and such sums shall be deducted from the Provider’s monthly statements in accordance with clause 13.2 (Ascertainment of Amounts Due in Certificates). The parties agree the amount of the deduction stated in this clause shall constitute liquidated damages for administration and are not a penalty. The Authorised Officer shall endeavour to issue all Irremediable Default Notices in writing but in the event that it is not practicable it may do so verbally (whether in person or by telephone) and shall confirm the issue of such Irremediable Default Notices in writing as soon as reasonably practicable. The response times for the Irremediable Default Notices shall begin at the time of the transmission of the relevant notice either verbally or in writing by the Authorised Officer.
Irremediable Default. The Authorised Officer may issue a Default Notice to the Provider where a Default may have or appears to have occurred that is not capable of being remedied (“an Irremediable Default”). Where the Authorised Officer is satisfied that in any particular case the Provider is in Irremediable Default he shall be entitled to issue a Irremediable Default Notice to the Provider specifying: the nature of the Irremediable Default; and request written acknowledgment from the Provider within [24 hours] of the date of the Irremediable Default Notice that an Irremediable Default exists.