Penalties for Breach of Contract Sample Clauses

Penalties for Breach of Contract. 11.1. Without prejudice to other remedies or powers that the Contract or the Applicable Laws and Provisions may establish in favor of the Grantor in the event of the failure to comply with obligations, the Grantor may demand that the Concessionaire pay a penalty in accordance with the provisions set forth in Annex 12. This power may be exercised without prejudice to the Grantor’s decision regarding whether or not to terminate the Contract in accordance with Clause 13. 11.2. The cases of noncompliance referred to in Clause 11.1 shall result in the obligation to pay the respective penalty, without the need for any prior notice. The payment thereof shall not release the Concessionaire from performing the respective obligation. 11.3. The payment of the penalties referred to in Clause 11.1 is subject to the following rules: a) Said payment shall be requested in writing by the Grantor from the Concessionaire, indicating the bank account in which it shall deposit the corresponding amount, which shall be done within ten (10) Days following reception of the request. Before said deadline, the Concessionaire may challenge the admissibility of the payment request, thus leading to a dispute to be settled in accordance with Clause 14. The deadline established in the first paragraph of this item for the payment of penalties shall be suspended in case of a challenge to the admissibility of the payment request by the Concessionaire. The calculation of the deadline shall recommence once the imposition of the penalty is ratified. b) If the dispute is settled in favor of the Grantor, whether through direct negotiations or by virtue of an arbitration award, or the term of ten (10) Days indicated in Item a) hereinabove elapses without any challenge by the Concessionaire to the payment requirement, it shall be understood that the obligation to pay the penalty is enforceable. In such case, the obligation to pay the penalty shall be complied with on the Day following the expiration of said term, or within three (3) Days after the Concessionaire is notified of the arbitration award, or within three (3) Days after the dispute is settled through direct negotiations, as applicable. c) In the event that the Concessionaire fails to comply with the penalty payment, the Grantor shall be entitled to request the execution of the respective guarantee.
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Penalties for Breach of Contract. 5.1 WALKAWAY CLAUSE - In accordance with the provisions of Articles 1219 et seq. of the French Civil Code, performance of the Contract may be suspended by either Party if the other Party fails to fulfil any of its essential obligations, after having served formal notice by registered letter with acknowledgement of receipt, within the period stated in the said letter. All costs arising from resumption of performance of the Contract by either Party will be invoiced with appropriate supporting evidence to the defaulting Party. At the end of this period, if no change has taken place to enable resumption of performance of the Contract, it will be automatically terminated through the fault of the defaulting Party. Such termination will be notified to the latter in another registered letter with acknowledgement of receipt. In such cases, the amounts paid to the Organizer by the Exhibitor up to the day of the termination of the Contract will be reimbursed to the Exhibitor, less the internal and external costs incurred by the Organizer in its performance of the Contract up to the date of termination.
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Penalties for Breach of Contract. 1. If Party B does not use the premises according to the terms set forth herein, and fails to correct or does not fully correct such misconduct after being notified by Party A and upon expiration of the correction period given by Party A, Party A will be entitled to terminate this lease contract. 2. On the next day after the termination of this lease contract or the expiration of the lease term, Party B shall vacate the premises and return the possession to Party A. Party B shall not refuse to do so or claim any rights in this regard. If Party B fails to vacate the premises and return the possession in time, Party A is entitled to charge Party B a default penalty amounts to two hundred percent of the rent until Party B vacates the premises. 3. If any party breaches the contract, and thus causes damages to the other party’s legal rights, the defaulting party will compensate the other party for all damages and the litigation fees, lawyer’s fees (minimum standard charge evaluated by the tax authority) and other related costs. 4. If both Party A and Party B breach the contract, any party is entitled to terminate the lease contract and claim for compensation for its damages (if any).
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Penalties for Breach of Contract. In the event of non-compliance by one of the Parties with its contractual obligations, the sale contract may be subject to sanctions as provided for in the new Article 1217 of the French Civil Code, which is of public order. Thus and in application of the said Article 1217 of the French Civil Code, the party towards whom the commitment has not been executed, or has been executed imperfectly, will have the choice, by way of penalty(ies), to: ▪ refuse to perform or suspend the performance of its own obligation ▪ continue the compulsory performance in kind of the obligation ▪ request a price reduction ▪ cause the contract to be terminated or furthermore claim compensation for the consequences of non- performance. For the application of these provisions, the injured party must first give formal notice to his co-contracting party by registered letter with acknowledgement of receipt to have to remedy the fact for alleged against him, failing which, after a period of thirty (30) days, the injured party will request one of the aforementioned sanctions, expressly referring to the measure that he intends to apply. By express agreement, this clause is not applicable in the event of failure by SOFRIGAM to comply with the delivery deadlines for its Products mentioned on the Order Confirmation, in which case the parties agree to apply exclusively the provisions set out in these General Terms and Conditions. If the Customer is at the origin of the contractual breach, the sums paid by the latter in execution of the contract will remain definitively acquired by SOFRIGAM as compensation for early termination. If SOFRIGAM is behind the contractual breach, the Customer will be reimbursed all sums paid as a deposit, without any other compensation whatsoever, except in the case of proven serious misconduct. It is reminded that each of the Parties will be held liable and will not incur any risk of termination on its own fault, if it establishes that the impossibility of fulfilling its obligations is attributable to an unforeseeable, external and insurmountable event or similar cases. In this case and unless otherwise agreed by the parties, this contract will be suspended for the duration of this event. It is expressly stated that no Products may be returned without SOFRIGAM's prior written agreement.
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Penalties for Breach of Contract. 1. Except as otherwise stipulated in this agreement, the stipulations shall be followed. If Party B has any of the conditions in Article 6, Party B shall return the training subsidies paid by Party A, and shall pay 50% of the training subsidies to Party A as liquidated damages; however, if Party B’s study time exceeds the provisions of Article 2, paragraph 1 due to force majeure, or due to force majeure, any of the conditions described in Article 6, paragraph 3 occurs, Party B can provide relevant supporting documents, upon verification and approval by Party A and the University, Party A may consider the amount of compensation. 2. After Party B graduates, if Party B serves Party A but does not fulfill the service commitment for two years, Party B shall return the training subsidy fees to Party A according to the ratio between the fulfilled service and the promised service periods; and Party B should return 50% of the training subsidies to Party A as liquidated damages.
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Penalties for Breach of Contract. If any artist, by reason of his/her own neglect or default, fails to appear and perform as stipulated in this Agreement and/or his/her Form of Engagement and contests any claims for damages made by the Company the dispute shall be referred for decision, if the parties agree in writing so to do, to the Joint Standing Committee as laid down in Clause 50 but nothing in that Clause shall prejudice the right of the Company to restrain the artist by injunction from performing in breach of this Agreement and/or the Form of Engagement and the right of the Company to determine the artist's engagement herein provided.
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Penalties for Breach of Contract 
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Related to Penalties for Breach of Contract

  • 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.

  • Liability for Breach of Contract 1. Party A and Party B shall strictly perform the terms stipulated in the agreement. If one party breaches the contract, the breaching party shall bear the liability for breach of contract according to the contract. 2. If the product is delivered by Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A; 3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses. 4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A; 5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B; 6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profit.

  • Liability for Breach of Agreement Upon the effectiveness of this Agreement, the Parties hereto shall perform their respective obligations under the Agreement. Any failure to perform the obligations stipulated in the Agreement, in part or in whole, shall be deemed as breach of contract and the breaching party shall compensate the non-breaching party for the loss incurred as a result of the breach.

  • Breach of Contract The failure of the Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event the County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract: a) Terminate the Contract immediately, pursuant to Section K herein; b) Afford the Contractor written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach; c) Discontinue payment to the Contactor for and during the period in which the Contractor is in breach; and d) Offset against any monies billed by the Contractor but yet unpaid by the County those monies disallowed pursuant to the above.

  • 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.

  • 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.

  • VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer’s default, breach of contract, or violation of contract terms shall be paid by Engineer.

  • NO BREACH OF CONTRACT The Executive hereby represents to the Company that: (i) the execution and delivery of this Agreement by the Executive and the performance by the Executive of the Executive’s duties hereunder shall not constitute a breach of, or otherwise contravene, the terms of any other agreement or policy to which the Executive is a party or otherwise bound, except for agreements entered into by and between the Executive and any member of the Group pursuant to applicable law, if any; (ii) that the Executive has no information (including, without limitation, confidential information and trade secrets) relating to any other person or entity which would prevent, or be violated by, the Executive entering into this Agreement or carrying out his duties hereunder; (iii) that the Executive is not bound by any confidentiality, trade secret or similar agreement (other than this) with any other person or entity except for other member(s) of the Group, as the case may be.

  • Material Breach of Contract In the event Contractor fails to deliver the product and services as contracted for herein, to the satisfaction of the City of Sparks or otherwise fails to perform any provisions of this Contract, the City, after providing five (5) days written notice and Contractor’s failure to cure such breach within the time specified in the notice, may without waiving any other remedy, make good the deficiencies and deduct the actual cost of providing alternative products and/or services from payment due the Contractor. Non-performance after the first notice of non-performance shall be considered a material breach of contract.

  • BREACH OF CONTRACT TERMS The State reserves its right to all administrative, contractual, or legal remedies, including but not limited to suspension or termination of this contract, in instances where the Contractor or any of its subcontractors violate or breach any contract term. If the Contractor or any of its subcontractors violate or breach any contract term, they shall be subject to such sanctions and penalties as may be appropriate. The duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.

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