Common use of Metrolinx Remedies for Event of Default by Purchaser Clause in Contracts

Metrolinx Remedies for Event of Default by Purchaser. Notwithstanding any other rights which Metrolinx may have under this Agreement, if an Event of Default by a Purchaser has occurred, Metrolinx shall have the following remedies provided that, in the case of an Event of Default which is curable, as determined by Metrolinx, Metrolinx has first given written notice of the Event of Default to the defaulting Purchaser and the defaulting Purchaser has failed to correct the Event of Default within thirty (30) calendar days of receipt of such notice or such longer period of time as Metrolinx may consent in writing: a. Metrolinx may terminate the defaulting Purchaser’s right to participate in a Procurement or in this Agreement by giving the defaulting Purchaser at least thirty (30) calendar days prior written notice thereof. Subject to Section 9.8 (Obligations Survive), as of the termination date, the defaulting Purchaser shall no longer participate as a Purchaser in the Procurement or this Agreement, as applicable; and b. subject to Article X (Dispute Resolution), Metrolinx may avail itself of any other legal remedies that may be available to it under law or in equity.

Metrolinx Remedies for Event of Default by Purchaser. Notwithstanding any other rights which Metrolinx may have under this Agreement, if an Event of Default by a Purchaser has occurred, Metrolinx shall have the following remedies provided that, in the case of an Event of Default which is curable, as determined by Metrolinx, Metrolinx has first given written notice of the Event of Default to the defaulting Purchaser and the defaulting Purchaser has failed to correct the Event of Default within thirty (30) calendar days of receipt of such notice or such longer period of time as Metrolinx may consent in writing: a. Metrolinx may terminate the defaulting Purchaser’s right to participate in a the Procurement or in this Agreement by giving the defaulting Purchaser at least thirty (30) calendar days prior written notice thereof. Subject to Section 9.8 (Obligations Survive), as of the termination date, . As of the termination date: i. the defaulting Purchaser shall no longer participate as in the Procurement; and ii. the defaulting Purchaser shall no longer be a Purchaser in for the Procurement or purpose of this Agreement, as applicable; and; b. subject to Article X (Dispute Resolution), Metrolinx may avail itself of any other legal remedies that may be available to it under law or in equity.

Metrolinx Remedies for Event of Default by Purchaser. Notwithstanding any other rights which Metrolinx may have under this Agreement, if an Event of Default by a Purchaser has occurredoccurred as determined by the Steering Committee under section 6(d) (Decisions of the Steering Committee), Metrolinx shall have the following remedies provided that, in the case of an Event of Default which is curable, as determined by Metrolinx, Metrolinx has first given written notice of the Event of Default to the defaulting Purchaser and the defaulting Purchaser has failed to correct the Event of Default within thirty (30) calendar days of receipt of such notice or such longer period of time as Metrolinx may consent in writing: a. Metrolinx may , Metrolinx, may, at its option, terminate the defaulting Purchaser’s right to participate in a the Procurement or in this Agreement by giving the defaulting Purchaser at least thirty (30) calendar days prior written notice thereof. Subject to Section 9.8 (Obligations Survive), as of the termination date. As of the termination date: − the defaulting Purchaser shall no longer participate in the Procurement; − subject only to its obligation to comply with terms surviving the expiry or termination of this Agreement, the defaulting Purchaser shall no longer participate as be a Purchaser in for the Procurement or purpose of this Agreement, as applicable; and b. and − subject to Article X (Dispute Resolution), Metrolinx may avail itself of any other legal remedies that may be available to it under law or in equity.

Metrolinx Remedies for Event of Default by Purchaser. Notwithstanding any other rights which Metrolinx may have under this Agreement, if an Event of Default by a Purchaser has occurred, Metrolinx shall have the following remedies provided that, in the case of an Event of Default which is curable, as determined by Metrolinx, Metrolinx has first given written notice of the Event of Default to the defaulting Purchaser and the defaulting Purchaser has failed to correct the Event of Default within thirty (30) calendar days of receipt of such notice or such longer period of time as Metrolinx may consent in writing: a. Metrolinx may terminate the defaulting Purchaser’s right to participate in a the Procurement or in this Agreement by giving the defaulting Purchaser at least thirty (30) calendar days prior written notice thereofof the termination date. Subject to Section 9.8 (Obligations Survive), as of the termination date, : i. the defaulting Purchaser shall no longer participate as in the Procurement; and ii. the defaulting Purchaser shall no longer be a Purchaser in for the Procurement or purpose of this Agreement, as applicable; and; b. subject to Article X (Dispute Resolution), Metrolinx may avail itself of any other legal remedies that may be available to it under law or in equity.