Non Performance of Obligations. (a) the Borrower fails to pay on its due date, any sum due from the Borrower under this Agreement and/or any of the other Security Documents to which it is a party at the time, in the currency and in the manner stipulated herein and/or any of the other Security Documents to which it is a party, or, in the case of any sum payable on demand, within three (3) Banking Days of such demand; or
(b) the Borrower fails to observe and perform any one or more of the covenants, terms or obligations contained in this Agreement and/or any other Security Document to which it is a party relating to the Insurances; or
(c) the Borrower commits any breach of or omits to observe any of the covenants, terms, obligations or undertakings under this Agreement and/or any of the other Security Documents to which it is a party (other than failure to pay any sum when due or to comply with any obligation concerning the Insurances) and, in respect of any such breach or omission which in the opinion of the Bank is capable of remedy, such action as the Bank may require shall not have been taken within ten (10) Banking Days of the Bank notifying the Borrower of such required action to remedy the breach or omission; or
Non Performance of Obligations. 14.1.1 If the Borrower and/or any other Security Party fail to pay any sum due hereunder and/or under the other Security Documents when due, or in the case of any sum payable on demand, within seven (7) Banking Days of such demand;
14.1.2 If the Borrower and/or any other Security Party fail to obtain and/or maintain the Insurances (as defined in Schedule II) or if any insurer in respect of such Insurances becomes entitled to cancel the insurances or to disclaim liability;
14.1.3 If the Borrower and/or any other Security Party default in the due performance and/or observance of any covenant, term, obligation or undertaking under this Agreement and/or any of the other Security Documents (other than those referred to in sub-Clauses 14.1.1. and 14.1.2. hereinabove). In case such default is in the opinion of the Bank, capable of remedy, if it will continue unremedied for seven (7) Banking Days after its occurrence.
Non Performance of Obligations. The Vendor shall immediately notify DBS in writing of the occurrence of any event which may result in or which may give reason to believe that there may be work stoppage, slowdown, labour dispute, strike, any labour related disruption of its own staff or other impediment or disruption in the due performance of the obligations of the Vendor under this PO. The Vendor also agrees to submit a full written report of the events forthwith upon request by DBS. DBS agrees that in the event any such work stoppage, slowdown, labour dispute, strike, disruption or impediment continues for a period exceeding days, then the Bank may at its sole discretion terminate this PO forthwith. Notwithstanding what is stated hereinabove in case of breach of any of the terms of this PO by the Vendor, DBS shall be entitled to terminate this Agreement immediately without giving any written notice to the Vendor for the same.
Non Performance of Obligations a) Failure by the Borrower to pay any sum due from the Borrower under this Agreement and/or any of the other Security Documents when due, or, in the case of any sum payable on demand, within three (3) Banking Days of such demand; or
b) Failure by the Borrower to observe and perform any one or more of the covenants, terms or obligations contained in this Agreement (including Schedule 1) and/or any other Security Document relating to the Insurances; or
c) Any breach by the Borrower of or omission of the Borrower to observe any of the covenants, terms, obligations or undertakings under this Agreement and/or any of the other Security Documents (other than failure to pay any sum when due or to comply with any obligation concerning the Insurances) and, in respect of any such breach or omission which in the opinion of the Bank is capable of remedy, such action as the Bank may require shall not have been taken within seven (7) days of the Bank notifying the Borrower of such required action to remedy the breach or omission; or
d) An Event of Default or Potential Event of Default (in each case as defined in the Master Swap Agreement) has occurred and is continuing with the Borrower as the Defaulting Party (as defined in the Master Swap Agreement) under the Master Swap Agreement or an Early Termination Date has occurred or been or become capable of being effectively designated under the Master Swap Agreement by the Bank or the Master Swap Agreement is terminated, cancelled, suspended, rescinded or revoked or otherwise ceases to remain in full force and effect for any reason; or
Non Performance of Obligations. (a) the Owner or any other Security Party fails to pay any sum due from the Owner or, as the case may be such Security Party, under the Loan Agreement and/or any of the other Security Documents at the time, in the currency and in the manner stipulated herein and/or any of the other Security Documents, or, in the case of any sum payable on demand, within three (3) Banking Days of such demand; or
(b) failure by the Owner to observe and perform any one or more of the covenants, terms or obligations contained in the Loan Agreement, the Mortgage, this Deed and/or any other Security Document relating to the Insurances; or
(c) any breach by the Owner of or omission of the Owner to observe any of the covenants, terms, obligations or undertakings under the Loan Agreement, the Mortgage, this Deed and/or any of the other Security Documents (other than failure to pay any sum when due or to comply with any obligation concerning the Insurances) and, in respect of any such breach or omission which in the reasonable opinion of the Mortgagee is capable of remedy, such action as the Mortgagee may require shall not have been taken within ten (10) days of the Mortgagee notifying the Owner of such required action to remedy the breach or omission); or
(d) the Owner or any other Security Party fails to observe and perform any one or more of the covenants, terms or obligations contained in the Loan Agreement and/or any other Security Document relating to the Insurances; or
Non Performance of Obligations. Either Party shall not be held responsible for anyconsequences or liabilities under this Lease Deed if it is prevented in performing its obligations by reason of Laws, action by Governmental Authority or due to reasons of force majeure which may include but not limited to riots, insurrection, war, terrorist action, act(s) of God and any other unforeseen circumstances beyond its control. Upon happening of any such force majeure event, either Party would inform the other Party of such event. Upon abatement of such event, either Party would inform the other Party about cessation of the same.
Non Performance of Obligations. (A) failure by the Borrowers to pay any sum due from the Borrowers under this Agreement and/or any of the other Security Documents when due, or, in the case of any sum payable on demand, within three (3) days of such demand; or
(B) failure by the Borrowers to observe and perform any one or more of the covenants, terms or obligations contained in this Agreement (including Schedule 1) and/or any other Security Document relating to the Insurances; or
(C) any breach by the Borrowers of or omission of the Borrowers to observe any of the covenants, terms, obligations or undertakings under this Agreement and/or any of the other Security Documents (other than failure to pay any sum when due or to comply with any obligation concerning the Insurances) and, in respect of any such breach or omission which in the opinion of the Bank is capable of remedy, such action as the Bank may require shall not have been taken within fourteen (14) days of the Bank notifying the Borrowers of such required action to remedy the breach or omission;
Non Performance of Obligations. 42.1 Either party shall not be held responsible for any consequences or liabilities under this Lease Deed if it is prevented in performing its obligations by reason of laws or regulations, action by any Government or local body or other authority, or due to reasons of force majeure which may include but not limited to riots, insurrection, war, terrorist action, acts of God and unforeseen circumstances beyond its control. Upon happening of the any such force majeure event, either party would inform the other party of such event. Upon abatement of such event, either party would inform the other party about cessation of the same.
42.2 In the event the Demised Premises or any part thereof be destroyed or damaged due to the following circumstances (including but not limited to):
i) Fire (not caused by any willful act or negligence of THE LESSEE),
ii) Act(s) of God like earthquake, tempest, flood or lightning etc.,
iii) By reasons of laws or regulations, action by any government or local body or other authority,
iv) Violence of any army or mob or enemies of the country, and/ or
v) Any other irresistible force rendering the Demised Premises unfit for the purpose for which the same was leased; then, THE LESSEE may, temporarily vacate the whole or such portion of the Demised Premises, as may be required, to enable THE LESSOR to carry out repairs to restore the Demised Premises to as good condition as it was in at the time of handover of the Demised Premises for interior fit-outs.
42.3 In such an event, all payments specified under the Lease Deed for the affected area of the Demised Premises or portion thereof shall xxxxx till the time the Demised Premises is repaired and restored to as good condition as it was in at the time of handover of the Demised Premises for interior fit-outs.
42.4 However, all payments specified under the Lease Deed during such period shall continue to be made by THE LESSEE for the unaffected area of the Demised Premises.
42.5 Furthermore, if the above situation continues for a period of more than ninety (90) calendar days, THE LESSEE may terminate the Lease Deed by giving a prior written notice of thirty (30) days and THE LESSOR shall refund the Security Deposits paid by THE LESSEE, subject to recovery/ adjustment of the outstanding dues, if any, under the Lease Deed.
42.6 THE LESSOR shall not be responsible for paying any expenses or any financial or legal consequences arising out of such force majeure situation.
42.7 The performance of TH...
Non Performance of Obligations. The Contractor shall be liable for fees that may be imposed in the event that the Contractor does not comply with the obligations of this contract, as described in section 9.3 below.
Non Performance of Obligations. 21.1. Delay in Roll- Out Schedule by PABX Franchisee
21.1.1. The timely rollout of the services to customer is the essence of this agreement and franchisee should adhere to the timeline provided as mentioned in the Roll out Obligation in Schedule I.
21.1.2. In case of delay by franchisee in the performance of its service delivery obligations, BSNL shall impose penalty of liquidated damage for the delayed period. BSNL may extend the period of such Roll out Schedule by 15 days and any further delay on account of the franchisee, shall render franchisee liable to forfeiture of the PBG submitted or imposition of liquidated damages, failing which the Agreement shall be terminated as per the decision of BSNL.
21.1.3. Such forfeiture of the PBG, or imposition of liquidated damages and/or termination of the Agreement for the purpose of delay in the roll-out shall only be enforced in case the delays in the roll-out are directly attributable to the wilful negligence of franchisee in effecting such roll-out and not for any other reasons such as market demand for the scheme. BSNL’s decision in this regard shall be final and binding on franchisee.
21.1.4. In case BSNL agrees to impose the liquidated damages for any delay in commercial provisioning of services beyond the delivery period or breach of terms & conditions of Agreement prescribed above, the liquidated damages shall be @10% of the port charges for the number of ports to be deployed, for each week of delay or part thereof. This shall be recovered from the Revenue share due to franchisee or from PBG. Quantum of liquidated damages assessed and levied by BSNL shall be final and not challengeable by franchisee. Each occasion of such imposition of LD shall be counted towards the number of delay cases as mentioned in Roll out Obligation as per Schedule I.
21.2. Delays in fault restoration by PABX Franchisee
21.2.1. The following penalties shall be levied on the franchisee for delay in failure/ disruption of the services offered and also delay in fault restoration. These penalties shall be applicable only if the delay, failure / disruption is due to O&M scope of franchisee. Franchisee shall not be penalized if the failure is due to external plant, cable cut, etc. in BSNL portion. The penalties shall be calculated on prorata basis by the designated BSNL office on a monthly basis.
21.2.2. Penalties for Delay in Restoration of Faults Parameter (a) Penalty Amount (b) Remark (c)
