Common use of Other Rights of Termination Clause in Contracts

Other Rights of Termination. (a) VicForests may terminate this Agreement immediately by providing written notice to the Contractor if the Contractor is issued a notice for Serious and Wilful Misconduct: (i) where the action constituting the Serious and Wilful Misconduct does not permit a remedy or, in VicForests reasonable opinion, it is not possible to tender fair compensation or take such other steps to address the failure; or (ii) where the Contractor has been previously been issued with a notice for Serious and Wilful Misconduct, and to avoid any doubt, although XxxXxxxxxx has the right to exercise its rights to immediate termination it is not obliged to exercise such right immediately and may exercise such right at a later date. (b) Without limiting or derogating from any other rights of VicForests under this Agreement, where this Agreement has been terminated pursuant to clauses 14.2(b)(iv), paragraph (a) above or paragraph (e) below, VicForests shall have the right to move the Equipment and engage another contractor to provide the Services, and the cost of moving the Equipment and any difference in the cost of the contractor so engaged which is above the Contractor’s rates shall be borne by the Contractor. (c) Subject to clauses 14.2(b), paragraph (a) above or paragraph (e) below, either VicForests or the Contractor may terminate the Agreement by providing to the other Party: (i) 24 months’ notice; or (ii) notice comprising such number of months remaining in the Term, whichever is the lesser. (d) The Contractor shall be entitled to terminate the Agreement immediately by notice in writing to VicForests where VicForests commits a material breach of the Agreement and within 14 days of receiving a request from the Contractor to remedy that breach has: (i) failed to remedy the breach to the satisfaction of the Contractor (acting reasonably); or (ii) where the failure does not permit a remedy, fails to tender fair compensation to the Contractor or take such other steps to address the failure as are satisfactory to the Contractor (acting reasonably) as being appropriate in the circumstances. (e) In addition to any other right to terminate this Agreement VicForests shall be entitled to terminate the Agreement immediately by notice in writing to the Contractor if the Contractor fails to comply with clause 5.6(g).

Other Rights of Termination. (a) VicForests may terminate this Agreement immediately by providing written notice to the Contractor if the Contractor is issued a notice for Serious and Wilful Misconduct: (i) where the action constituting the Serious and Wilful Misconduct does not permit a remedy or, in VicForests reasonable opinion, it is not possible to tender fair compensation or take such other steps to address the failure; or (ii) where the Contractor has been previously been issued with a notice for Serious and Wilful Misconduct, and to avoid any doubt, although XxxXxxxxxx VicForests has the right to exercise its rights to immediate termination it is not obliged to exercise such right immediately and may exercise such right at a later date. (b) Without limiting or derogating from any other rights of VicForests under this Agreement, where this Agreement has been terminated pursuant to clauses 14.2(b)(iv), ) or paragraph (a) above or paragraph (e) below, VicForests shall have the right to move the Equipment and engage another contractor to provide the Services, and the cost of moving the Equipment and any difference in the cost of the contractor so engaged which is above the Contractor’s rates shall be borne by the Contractor. (c) Subject to clauses 14.2(b), ) and paragraph (a) above or paragraph (e) belowa)above, either VicForests or the Contractor may terminate the Agreement by providing to the other Partyparty: (i) 24 months’ notice; or (ii) notice comprising such number of months remaining in the Term, whichever is the lesser, provided that where the Contractor has exercised the right to terminate and the Contractor or an Associate of the Contractor is party to a Harvest Contract and harvests timber which is to be hauled under this Agreement, such notice shall only be effective where the Contractor agrees, or procures that the Associate agrees to the termination of such Harvest Contract to occur at the same time this Agreement is proposed to be terminated, if VicForests so requires. (d) The Contractor shall be entitled to terminate the Agreement immediately by notice in writing to VicForests where VicForests commits a material breach of the Agreement and within 14 days of receiving a request from the Contractor to remedy that breach has: (i) failed to remedy the breach to the satisfaction of the Contractor (acting reasonably); or (ii) where the failure does not permit a remedy, fails to tender fair compensation to the Contractor or take such other steps to address the failure as are satisfactory to the Contractor (acting reasonably) as being appropriate in the circumstances. (e) In addition to any other right to terminate this Agreement VicForests shall be entitled to terminate the Agreement immediately by notice in writing to the Contractor if the Contractor fails to comply with clause 5.6(g5.8(i).

Other Rights of Termination. (a) VicForests may terminate this Agreement immediately by providing written notice to the Contractor if the Contractor is issued a notice for Serious and Wilful Misconduct: (i) where the action constituting the Serious and Wilful Misconduct does not permit a remedy or, in VicForests reasonable opinion, it is not possible to tender fair compensation or take such other steps to address the failure; or (ii) where the Contractor has been previously been issued with a notice for Serious and Wilful Misconduct, and to avoid any doubt, although XxxXxxxxxx VicForests has the right to exercise its rights to immediate termination it is not obliged to exercise such right immediately and may exercise such right at a later date. (b) Without limiting or derogating from any other rights of VicForests under this Agreement, where this Agreement has been terminated pursuant to clauses 14.2(b)(iv), 12.2(b)(iv) or paragraph (a) above or paragraph (e) belowabove, VicForests shall have the right to move the Equipment and engage another contractor to provide the Services, and the cost of moving the Equipment and any difference in the cost of the contractor so engaged which is above the Contractor’s Contractors rates shall be borne by at the cost of the Contractor. (c) Subject to clauses 14.2(b), 12.2(b) and paragraph (a) above or paragraph (e) belowabove, either VicForests or the Contractor may terminate the Agreement by providing to the other Partyparty: (i) 24 months’ notice; or (ii) notice comprising such number of months remaining in the Term, whichever is the lesser, provided that where the Contractor has exercised the right to terminate and the Contractor or an Associate of the Contractor is party to a Harvest Contract and harvests timber which is to be hauled under this Agreement, such notice shall only be effective where the Contractor agrees, or procures that the Associate agrees to the termination of such Harvest Contract to occur at the same time this Agreement is proposed to be terminated, if VicForests so requires. (d) The Contractor shall be entitled to terminate the Agreement immediately by notice in writing to VicForests where VicForests commits a material breach of the Agreement and within 14 days of receiving a request from the Contractor to remedy that breach has: (i) failed to remedy the breach to the satisfaction of the Contractor (acting reasonably); or (ii) where the failure does not permit a remedy, fails to tender fair compensation to the Contractor or take such other steps to address the failure as are satisfactory to the Contractor (acting reasonably) as being appropriate in the circumstances. (e) In addition to any other right to terminate this Agreement VicForests shall be entitled to terminate the Agreement immediately by notice in writing to the Contractor if the Contractor fails to comply with clause 5.6(g5.8(i).

Other Rights of Termination. (a) VicForests may terminate this Agreement immediately by providing written notice to the Contractor if the Contractor is issued a notice for Serious and Wilful Misconduct: (i) where the action constituting the Serious and Wilful Misconduct does not permit a remedy or, in VicForests reasonable opinion, it is not possible to tender fair compensation or take such other steps to address the failure; or (ii) where the Contractor has been previously been issued with a notice for Serious and Wilful Misconduct, and to avoid any doubt, although XxxXxxxxxx VicForests has the right to exercise its rights to immediate termination it is not obliged to exercise such right immediately and may exercise such right at a later date. (b) Without limiting or derogating from any other rights of VicForests under this Agreement, where this Agreement has been terminated pursuant to clauses 14.2(b)(iv), paragraph paragraph (a) above or paragraph (e) below, VicForests shall have the right to move the Equipment and engage another contractor to provide the Services, and the cost of moving the Equipment and any difference in the cost of the contractor so engaged which is above the Contractor’s rates shall be borne by the Contractor. (c) Subject to clauses 14.2(b), paragraph (a) above or paragraph (e) below, either VicForests or the Contractor may terminate the Agreement by providing to the other Party: (i) 24 months’ notice; or (ii) notice comprising such number of months remaining in the Term, whichever is the lesser. (d) The Contractor shall be entitled to terminate the Agreement immediately by notice in writing to VicForests where VicForests commits a material breach of the Agreement and within 14 days of receiving a request from the Contractor to remedy that breach has: (i) failed to remedy the breach to the satisfaction of the Contractor (acting reasonably); or (ii) where the failure does not permit a remedy, fails to tender fair compensation to the Contractor or take such other steps to address the failure as are satisfactory to the Contractor (acting reasonably) as being appropriate in the circumstances. (e) In addition to any other right to terminate this Agreement VicForests shall be entitled to terminate the Agreement immediately by notice in writing to the Contractor if the Contractor fails to comply with clause 5.6(g5.8(i).

Other Rights of Termination. (a) VicForests may terminate this Agreement immediately by providing written notice to the Contractor if the Contractor is issued a notice for Serious and Wilful Misconduct: (i) where the action constituting the Serious and Wilful Misconduct does not permit a remedy or, in VicForests reasonable opinion, it is not possible to tender fair compensation or take such other steps to address the failure; or (ii) where the Contractor has been previously been issued with a notice for Serious and Wilful Misconduct, and to avoid any doubt, although XxxXxxxxxx has the right to exercise its rights to immediate termination it is not obliged to exercise such right immediately and may exercise such right at a later date. (b) Without limiting or derogating from any other rights of VicForests under this Agreement, where this Agreement has been terminated pursuant to clauses 14.2(b)(iv), paragraph paragraph (a) above or paragraph (e) below, VicForests shall have the right to move the Equipment and engage another contractor to provide the Services, and the cost of moving the Equipment and any difference in the cost of the contractor so engaged which is above the Contractor’s Contractors rates shall be borne by at the cost of the Contractor. (c) Subject to clauses 14.2(b), paragraph (a) above or paragraph (e) below, either VicForests or the Contractor may terminate the Agreement by providing to the other Party: (i) 24 months’ notice; or (ii) notice comprising such number of months remaining in the Term, whichever is the lesser. (d) The Contractor shall be entitled to terminate the Agreement immediately by notice in writing to VicForests where VicForests commits a material breach of the Agreement and within 14 days of receiving a request from the Contractor to remedy that breach has: (i) failed to remedy the breach to the satisfaction of the Contractor (acting reasonably); or (ii) where the failure does not permit a remedy, fails to tender fair compensation to the Contractor or take such other steps to address the failure as are satisfactory to the Contractor (acting reasonably) as being appropriate in the circumstances. (e) In addition to any other right to terminate this Agreement VicForests shall be entitled to terminate the Agreement immediately by notice in writing to the Contractor if the Contractor fails to comply with clause 5.6(g5.8(h).

Other Rights of Termination. (a) VicForests may terminate this Agreement immediately by providing written notice to the Contractor if the Contractor is issued a notice for Serious and Wilful Misconduct: (i) where the action constituting the Serious and Wilful Misconduct does not permit a remedy or, in VicForests reasonable opinion, it is not possible to tender fair compensation or take such other steps to address the failure; or (ii) where the Contractor has been previously been issued with a notice for Serious and Wilful Misconduct, and to avoid any doubt, although XxxXxxxxxx VicForests has the right to exercise its rights to immediate termination it is not obliged to exercise such right immediately and may exercise such right at a later date. (b) Without limiting or derogating from any other rights of VicForests under this Agreement, where this Agreement has been terminated pursuant to clauses 14.2(b)(iv), paragraph paragraph (a) above or paragraph (e) below, VicForests shall have the right to move the Equipment and engage another contractor to provide the Services, and the cost of moving the Equipment and any difference in the cost of the contractor so engaged which is above the Contractor’s Contractors rates shall be borne by at the cost of the Contractor. (c) Subject to clauses 14.2(b), paragraph (a) above or paragraph (e) below, either VicForests or the Contractor may terminate the Agreement by providing to the other Party: (i) 24 months’ notice; or (ii) notice comprising such number of months remaining in the Term, whichever is the lesser. (d) The Contractor shall be entitled to terminate the Agreement immediately by notice in writing to VicForests where VicForests commits a material breach of the Agreement and within 14 days of receiving a request from the Contractor to remedy that breach has: (i) failed to remedy the breach to the satisfaction of the Contractor (acting reasonably); or (ii) where the failure does not permit a remedy, fails to tender fair compensation to the Contractor or take such other steps to address the failure as are satisfactory to the Contractor (acting reasonably) as being appropriate in the circumstances. (e) In addition to any other right to terminate this Agreement VicForests shall be entitled to terminate the Agreement immediately by notice in writing to the Contractor if the Contractor fails to comply with clause 5.6(g5.8(h).