NON-COMPLIANCE; TERMINATION Sample Clauses
NON-COMPLIANCE; TERMINATION. If either Party fails to perform any obligation pursuant to this Agreement and such party fails to cure its nonperformance within 30 days after notice of nonperformance is given by the non-defaulting Party, such Party will be in default. In the event of such default, the non-defaulting Party may terminate this Agreement immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. Upon termination, User shall be entitled to a pro rata refund of any advance fees paid under the terms of this Agreement.
NON-COMPLIANCE; TERMINATION. Upon an Event of Default, the Non-Defaulting Party shall have the right, with reasonable prior notice, to liquidate any or all transactions arising under the Agreements(s) (including any portion of a firm transaction not yet fully delivered) then outstanding. Such right to liquidate shall be in addition to any other rights that the Non-Defaulting Party may have under the Agreements, at law, in equity or otherwise. Such liquidation shall be performed as follows:
(i) The Non-Defaulting Party shall provide written notice to the Defaulting Party that an Event of Default has occurred and designating any Business Day after the Event of Default as an Early Termination Date. The failure to give such notice shall not affect the validity or enforceability of the Netting Agreement or give rise to any claim by the Defaulting Party against the Non-Defaulting Party; The Non-Defaulting Party shall calculate, in a commercially reasonable manner, the liquidated damages for not delivering the gas to the delivery point under the liquidated provisions of the Agreements;the Market Value and Contract of Value of each liquidated firm transaction. The Market Value shall be the calculated under the terms of the applicable Agreements for the amount of natural gas and related transportation and storage charges yet to be delivered under the Agreement. The Contract Value shall be the price under the applicable Agreement for the amount natural gas and related transportation and storage charges yet to be delivered under the Agreement. Market Values and Contract Values shall be discounted to present value to account for the period of time between the Early Termination Date and the date on which payments for natural gas and related transportation and storage charges would be due under the liquidated firm transaction; The Non-Defaulting Party shall calculate, in a commercially reasonable manner, any Imbalance Charges that may be incurred by the Non-Defaulting Party as set forth under the Aagreements incurred as a result of the Defaulting Party not delivering the gas to the delivery point.interrupting an interruptible transaction Imbalance Charges shall mean any fees, penalties, costs or charges assessed by a Transporter for failure to satisfy the Transporter’s balance and/or nomination requirements; ; The settlement amounts owed to each Party as calculated in Sections 4 (ii) and 4 (iii) shall be netted out and offset against each other such that the Party owing the greater amount of settle...
NON-COMPLIANCE; TERMINATION. If the Departments determines that the Subrecipient materially fails to comply with any term of this Subaward, whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a notice of award, or any other applicable requirement, the Department, in its sole discretion may take actions including:
1. Temporarily withholding payments pending correction of the deficiency or more severe enforcement action by the Department;
2. Disallowing or denying use of funds for all or part of the cost of the activity or action not in compliance;
3. Disallowing claims for reimbursement;
4. Wholly or partially suspending or terminating this grant;
5. Requiring return or offset of previousreimbursements;
6. Prohibiting the Subrecipient from applying for or receiving additional funds for other grant programs administered by the Department until repayment to Department is made and any other compliance or auditfinding is satisfactorily resolved;
7. Reducing the grant award maximum liability of the Department;
8. Terminating this Subaward Agreement;
9. Imposing a corrective action plan;
10. Withholding further awards; or
11. Taking other remedies or appropriate actions.
NON-COMPLIANCE; TERMINATION. ERN eUROGEN has developed a Non-Compliance & Termination Procedure for HCPs (see Annex 7). HCPs may also be terminated for violation of the Governance Statutes or for any action which may be harmful or widely perceived to be harmful to the network. Termination of the role of SP is covered by the SP Agreement (see Annexes 4 & 5). Termination of the role of APP/SPP is covered by the Rules of Engagement for Patients (see Annex 6).