Penalties for Breach Sample Clauses

Penalties for Breach. Any breach by Project Company of its obligations set forth in this Article 9 shall subject Project Company to fines and the obligation to indemnify and compensate for any damages caused by Project Company in accordance with Lao PDR Law.
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Penalties for Breach. Unless the Regatta Director is satisfied on reasonable grounds that a failure to comply with Article 33.1 was due to unintended damage, circumstances beyond the reasonable control of the Competitor and/or reasonable and genuine safety concerns of the Competitor: (a) for a first failure to attend an America’ s Cup World Series regatta, a Youth America’ s Cup regatta or any other official regatta organized by ACEA pursuant to this Protocol in AC 45 Yachts, the Competitor shall be fined the sum of US$250,000 (two hundred and fifty thousand United States Dollars); (b) for a first failure to compete in any race in an America’ s Cup World Series regatta, a Youth America’ s Cup regatta or any other official regatta organized by ACEA pursuant to this Protocol in AC 45 Yachts, the Competitor shall be fined the sum of US$50,000 (fifty thousand United States Dollars); (c) for a first failure to attend the America’ s Cup Qualifiers, an America’ s Cup Challenger Playoffs stage or the Match pursuant to this Protocol in AC 62 Yachts, the Competitor shall be fined the sum of US$1,000,000 (one million United States Dollars);
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Penalties for Breach. Client understands and agrees that allowing e-mail that does not meet the criteria set forth above is a breach of the E-Mail Terms, which may result in (a) immediate termination or suspension of the Services to Client, with or without notice, and (b) legal action against Client for misuse. Additionally, if Client becomes aware of any such activities, Client is obligated to immediately notify Cobalt and take all other appropriate actions to cause such activities to cease. Client will comply with the terms and spirit of the E-mail Terms. Cobalt reserves the right to immediately suspend or terminate Client’s access to the Service without notice to Client at any time for any reason, including but not limited to Client’s violation of the E-mail Terms. Indirect or attempted violations of the E-mail Terms, and actual or attempted violations by a third party on behalf of a Client, shall be considered violations of the E- mail Terms by such Client.
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Penalties for Breach. Neither party has the right to unilaterally cancel this contract and the attached appendix. This contract can only be terminated when there is a written agreement of both parties or by decision of a competent jurisdiction. If either party shall default in performance of any of the covenants or obligations imposed under this Contract and shall not remedy the default within ten days upon receipt of written notice from the other party, the party not in default may, at its option, terminate the Contract. In case of contract termination, the party in default shall compensate the other party for actual damage. The total compensation value shall not exceed 50% of the contract value. Any amount payable to Party B under the contract that is not paid within 10 days from the date Party A has to pay, Party B can suspend the performance of its obligations in this contract until the payment is made in full. If Party B performs the contract slowly according to Article 2.1 and Article 3.4 and due to Party B's fault, Party B shall pay for penalty 0.5% of the total contract value / 1 day late since the 13th day. In case the default comes from unexpected requirements from Party A or force majeure causes any delay, two party shall confirm the default in writting
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Penalties for Breach. Violation of this provision may result in the immediate termination of this Agreement and the permanent suspension of Vendor from providing contract transportation for CHCCS. This provision does not relieve Vendor from any of its other responsibilities as set out in this Agreement, including its duty to provide reliable and responsible drivers.
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Penalties for Breach. 26.1 Subject to the other provisions of this Clause, any breach by the Concessionaires of their obligations under this Agreement will entitle the Principals to levy a penalty as their sole remedy under this Agreement. 26.2 As soon as such breach has come to the attention of the Intergovernmental Commission, it will give written notice to the Concessionaires specifying the nature and subject of the breach so that the Concessionaires can know the precise nature of the complaints that have been made against them. After hearing the Concessionaires the Intergovernmental Commission may give them notice requiring them to remedy the breach within a sufficient period which shall not be less than 30 days. 26.3 If, at the end of such period, the Concessionaires have not remedied the breach notified to them by the Intergovernmental Commission, it may impose a penalty for the non-performance of their contractual obligations on the basis of a daily rate of not less than 10,000 ecus and not more than 100,000 ecus (1986 value) for each day that such breach continues. The amount of the penalty will be proportionate to the gravity of the breach. 26.4 If a Concessionaire is in breach of its obligations under this Agreement in circumstances where the Principals are entitled for the same breach to invoke the provisions of Clause 37, then if the Intergovernmental Commission imposes a penalty under this Clause in respect of such breach, it may not invoke the provisions of Clause 37 in respect of the same breach unless that breach continues for more than 60 days after the imposition of such penalty. 26.5 If a Concessionaire is in breach of its obligations under this Agreement in circumstances where it is liable to be proceeded against under the national laws of either Principal or under Community law for the same breach and the breach is not an impediment to the performance by the Concessionaires of fundamental obligations under this Agreement, the Intergovernmental Commission shall not be entitled to impose a penalty under this Clause for the same breach so long as the relevant Concessionaire is liable to be proceeded against under such laws or, having being so proceeded against has complied with the requirements of the relevant law enforcement body.
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Penalties for Breach. You further understand and agree that any disclosure or misuse of Confidential Information or breach of any other pre-existing contract or legal obligation relating to Confidential Information and property of the Company will constitute a material breach of this Agreement and will subject you to potential legal penalties at law and in equity. Specifically, you understand and agree that breach of this Section 3 this Agreement by you or any person to whom you disclosed Confidential Information will constitute irreparable harm and will provide the Company the right to immediate injunctive relief, and will immediately terminate any right that you may have to receive any payment whatsoever which may be contemplated by this Agreement. Repayment by you to the Company will be required of the total lump sum of any payments already made under this Agreement upon an arbitrator’s determination of a breach of Section 3 of this Agreement. Any repayment by you will include interest running from the date of the breach or misuse computed at 120% of the Applicable Federal Rate published by the Internal Revenue Service from time to time.
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Penalties for Breach. For the event of violation of the foregoing covenants of Non-Competition and Non-Solicitation and the covenant pursuant to Article 1 by any of the Murmann Family Members (the “Breaching Murmann Family Member”), such Breaching Murmann Family Member shall pay to Danfoss a penalty in the amount of USD 650,000.00 (in words: USD six hundred and fifty thousand) for each individual case. A continued violation shall be deemed a new violation triggering a further penalty payment with the beginning of each month after occurrence of the initial violating act or conduct, without consideration of any coherence of continuation. The right of Danfoss to claim any further damages in excess of the amount of the penalty paid by the Breaching Murmann Family Member shall not be affected.
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Penalties for Breach 
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Related to Penalties for Breach

  • Liabilities for Breach 9.1 The Parties agree and confirm that, if any of the Parties (the “Breaching Party”) is materially in breach of any provision hereof, or materially fails or delays in performing any of the obligations hereunder, a breach hereof is constituted (a “Breach”), and any of the other Parties which does not commit any Breach (a “Non-breaching Party”) has the right to require that the Breaching Party rectify it or take a remedial action within a reasonable period. If the Breaching Party fails to rectify the Breach or take remedial actions within the reasonable period or within ten (10) days of the other Party’s written rectification notice, then: 9.1.1. if any Shareholder or the Company is the Breaching Party, the WFOE is entitled to terminate this Agreement and require the Breaching Party to indemnify it against its damage; 9.1.2. if the WFOE is the Breaching Party, each of the Non-defaulting Parties is entitled to require the Breaching Party to indemnify it against its damage; but unless otherwise provided for by law, in no case does it have the right to terminate or cancel this Agreement. 9.2 Notwithstanding any other provision herein, the effect of this Article 9 shall not be affected by the suspension or termination of this Agreement.

  • Remedies for Breach It is understood and agreed that all rights and remedies afforded below shall be in addition to all remedies or actions otherwise authorized or permitted by law: a. Cover/Substitute Performance In the event of Contractor's material breach that has not been cured within thirty (30) days following Contractor’s receipt of written notice of the material breach, the Commissioner may, with or without formally Bidding: (i) Purchase from other sources; or (ii) If the Commissioner is unsuccessful after making reasonable attempts, under the circumstances then-existing, to timely obtain acceptable service or acquire replacement Product of equal or comparable quality, the Commissioner may acquire acceptable replacement service or Product of lesser or greater quality. Such purchases may be deducted from the Contract quantity without penalty or liability to the State. The Commissioner agrees that Authorized Users shall accept allocated performance or deliveries during a period where Contractor is making good faith efforts to cure a material breach. b. Withhold Payment In any case where a reasonable question of material, uncured non-performance by Contractor arises, payment may be withheld in whole or in part at the discretion of the Commissioner. Should Contractor and the Commissioner fail to agree upon the question of “materiality” in an instance of non-performance, such failure to agree shall be a dispute under the Disputes clause. c. Bankruptcy In the event that the Contractor files, or there is filed against Contractor, a petition under the U.S. Bankruptcy Code during the term of this Centralized Contract, Authorized Users may, at their discretion, make application to exercise its right to set-off against monies due the Debtor or, under the Doctrine of Recoupment, be credited the amounts owed by the Contractor arising out of the same transactions.

  • Remedy for Breach In the event of any actual or threatened breach of any of the provisions of this Section 11 by the Architectural Designer, and in addition to any other remedies that may be available to the School District in law or equity, the School District shall be entitled to a restraining order, preliminary injunction, permanent injunction, or other appropriate relief to specifically enforce the terms of this Section 11. The parties agree that a breach of the terms of this Section 11 by the Architectural Designer would cause the School District injury not compensable in monetary damages alone, and that the remedies provided herein are appropriate and reasonable.

  • Liability for Breach In addition to any liability you may have to Customer, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions.

  • For Breach A Party may terminate this Agreement for cause if it provides 30 days written notice of the breach to the other Party, and the breach remains uncured at the end of 30 days. If Agency terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination.

  • Liabilities for Breach of Contract 11.1 The Parties agree and acknowledge that, if any Party (“Defaulting Party”) is materially in breach of any provision of this Agreement, or materially fails to perform or delays in performing any of its obligations hereunder, such breach, failure or delay shall constitute a default hereunder (the “Default”), and the non-defaulting Party shall be entitled to demand the Defaulting Party to rectify such Default or take remedial actions within a reasonable period of time. If the Defaulting Party fails to rectify such Default or take remedial actions within such reasonable period of time or ten (10) days from the receipt of the written notice from the non-defaulting Party requiring such rectification, the non-defaulting Party shall be entitled to make a decision at its sole discretion: 11.1.1 the WFOE shall be entitled to terminate this Agreement and claim from the Defaulting Party for damages if the Defaulting Party is any of the Existing Shareholders or the Company; 11.1.2 the non-defaulting Party shall be entitled to claim from the Defaulting Party for damages if the Defaulting party is the WFOE, provided that under no circumstances shall the Non-defaulting Party be entitled to terminate or rescind this Agreement unless otherwise provided by laws. 11.2 Notwithstanding anything to the contrary in this Agreement, this Article shall survive the termination of this Agreement.

  • Breach and Remedies for Breach The benefits associated with Sector membership will only accrue to the Members if each of them strictly complies with this Agreement. Each Member will make significant operational and financial commitments based on this Agreement, and any Member’s failure to fulfill any of its obligations under this Agreement could have significant adverse consequences for some or all other Members. Any failure by a Member to fulfill any of its obligations under this Agreement shall constitute a breach of this Agreement. Each Member shall be bound by the procedures set forth in this Section for determining whether a Member has breached this Agreement. The Sector shall be entitled to the remedies set forth in this Section if a Member is determined by the Sector to have breached this Agreement. Each Member shall take all actions and execute all documents the Manager deems necessary or convenient to give effect to the provisions of this Section.

  • Liability for Breach of Agreement During the term of this Agreement, any violation of any provisions herein by either party constitutes breach of contract and the breaching party shall compensate the non-breaching party for the loss incurred as a result of this breach.

  • REMEDY FOR BREACH OF WARRANTY 3.1. Subject to the exclusions and limitations set out above, if the Product fails to comply with the Limited Warranty in clauses 1.2 or 1.3, BYD will repair or replace the non-conforming Product or parts thereof within the warranty term at no charge (or provide a partial refund) on the following conditions. 3.2. Whether to repair or replace the Product will be determined by BYD in its sole discretion. 3.3. The Product or any of its parts to be replaced will have the same performance and reliability as the original Product. If the Production of the relevant type of the Product or any of its parts has been discontinued, withdrawn from the market, or are otherwise unavailable, BYD may replace the Product or parts with a similar Product or part (which may include previously used parts that are equivalent to new in performance and reliability). 3.4. If BYD does not repair or replace the defective Product or parts, BYD will refund You an amount of money calculated as follows: a) If the Product fails to comply with the Limited Performance Warranty in clause 1.3, BYD may calculate the refund using one of the two refund formulas below: i) Refund = maximum claim amount* x (warranted Minimum Throughput Energy - output energy of the Product recorded in the control module of the Product)/ warranted Minimum Throughput Energy; or ii) Refund = maximum claim amount* x (warranted remaining Useable Energy - remaining Useable Energy)/ warranted Usable Energy; and b) If the Product cannot be operated, BYD will calculate the refund as follows: Refund = (maximum claim amount*/120) x (120 - number of months since Warranty Start Date). *The maximum claim amount is the market value of the Product (or an equivalent Product) determined by BYD if it were purchased new with no defects. 3.5. The remedies as set out above are the sole and exclusive obligations of BYD to You under this Limited Warranty, and BYD will have no other liability to You if the Product fails to comply with the Limited Warranty.

  • Remedies for Breaches of This Agreement Section 8.1 Survival of Representations and Warranties