Material or Repeated Failure Sample Clauses
The 'Material or Repeated Failure' clause defines the circumstances under which a party's significant or ongoing breaches of contract terms are considered grounds for specific remedies, such as termination or damages. In practice, this clause applies when a party either commits a serious violation of a key obligation or repeatedly fails to meet contractual requirements, even if each individual failure is minor. By clearly outlining what constitutes unacceptable performance, the clause helps prevent ongoing non-compliance and provides a mechanism for the non-breaching party to address persistent issues, thereby protecting the integrity of the contractual relationship.
Material or Repeated Failure. If, in our opinion, based on reasonable grounds:
a. your non-compliance with your obligations under this Agreement, as stated in a Final Audit Report, is material; or
b. on the basis of a Final Audit Report and any previous Final Audit Report relating to any previous Audit of your Unit, you have repeatedly failed to comply with your obligations under this Agreement, we may give you a single period of not less than 20 Working Days to complete any or all compliance requirements specified under clause A16.2(b)(iii), and if by the end of that period, you have not completed the relevant compliance requirements, clause A16.3 shall not apply and, despite clause A17.4, we may terminate this Agreement under clause A24.