Remedies for Breach of Contract. 4.1 The Parties agree that if Party B breaches the Non-Compete obligations stipulated by Clause II of the Agreement, he shall bear liability for such breach. All benefits and proceeds acquired as a result of the breach of such Non-Compete obligations (such as work product resulting from engaging in competition with Party A) shall become the property of Party A. Furthermore, Party B shall compensate Party A for actual losses incurred by Party A as a result of such breach. Party A shall also have the right to request that Party B immediately terminate any activity related to the Competing Business.
4.2 Party B acknowledges that the compensation for the losses described in Clause 4.1 above will not constitute sufficient remedy for a breach of contract. Party B agrees that if the breach of the Agreement by Party B results in any payments, liabilities or losses suffered on the part of Party A (including but not limited to loss of profits by Party A), Party B shall compensate Party A such payments, liabilities or losses (including but not limited to interest and legal fees paid or lost as a result of the breach).
4.3 Party B agrees that, upon breach of the Agreement by Party B, he shall immediately resign from all posts held with Party A (if any) and waive any claims against Party A which may arise from such resignation.
Remedies for Breach of Contract. Failure to complete the Services in accordance with this Agreement will be considered a material breach. In the event of such breach, the City may suspend all payments to the Provider and may pursue any and all remedies available at law or in equity. The Provider shall repay to the City any portion of the Contract Amount expended for matters not within the scope of the Services.
Remedies for Breach of Contract. Except as otherwise provided herein, if a party (“Breaching Party”) fails to perform any of its obligations under this Contract, then the other party (“Aggrieved Party”) may at its option:
a. give written notice to the Breaching Party describing the nature and scope of the breach and demand that the Breaching Party cure the breach at its cost within a reasonable time specified in the notice (“Cure Period”); and
b. if the Breaching Party fails to cure the breach within the Cure Period, the Aggrieved Party may claim direct and indirect damages arising from the breach.
Remedies for Breach of Contract. The Employee acknowledges the Company shall or may suffer serious damage or loss should the above obligations be violated. The Employee agrees that should the above obligations be violated or threatened, the Company shall have the right to seek instructive or injunction legal remedies in the courts aside from other legal remedies such as economic compensation.
Remedies for Breach of Contract a. In the event the breach or threatened breach of any provision of the contract of the Employee, the Company shall be entitled to injunctions, both preliminary and final, and join in or understanding such breach or threatened breach. Such remedies shall be in addition to all other remedies available at law or in equity including the Company's right to recover from the Employee any damages that may be sustained as a result of the Employee's breach of contract.
b. In addition to any other remedies the Company may have available to it under the terms of this contract, the Company shall be entitled to stop Employee, by means of injunction, from violating any part of this Agreement, and to recover by means of an accounting, any profits the Employee may have obtained in violation of this contract. The Company shall be entitled to recover its attorneys fees and expenses in any successful action by the Company to enforce this Agreement.
Remedies for Breach of Contract.
11.5.1 Withheld payment In the event of breach of contract, the Customer may withhold payment, although the amount withheld shall not be obviously higher than what is necessary to secure the Customer's claim resulting from the breach of contract.
11.5.2 Liquidated damages in the case of delay If the agreed commencement date or delivery date or other deadline in respect of which the parties have stipulated liquidated damages in Appendix 4, is not complied with, and this is not caused by force majeure or circumstances related to the Customer, there is a delay on the part of the Contractor that triggers liquidated damages. If the Contractor is delayed with regard to commencement date or later milestones for which the parties have stipulated liquidated damages, later deadlines shall be extended corresponding to the number of calendar days of the liquidated damages. If the Contractor, through acceleration, manages to meet the milestone commencement date at the originally agreed time, the previously accrued liquidated damages shall be cancelled. The liquidated damages shall accumulate automatically. The liquidated damages amount to 0.15 per cent of the contract price for the establishment phase, excluding Value Added Tax, for each calendar day of delay, but albeit limited to a maximum of one hundred (100) calendar days. If the delay pertains to a partial delivery, the liquidated damages shall amount to 0.15 per cent of the total consideration (exclusive of Value Added Tax) for the partial delivery in question for each calendar day the delay lasts, but limited to a maximum of one hundred (100) calendar days. If no price has been quoted for the partial delivery in Appendix 7, the liquidated damages shall be calculated based on the partial delivery's relative share of the consideration for the total delivery. Other rates for liquidated damages, a different calculation basis and other periods for liquidated damages may be agreed in Appendix 4. Unless otherwise is explicitly stated in Appendix 4, total liquidated damages shall not exceed 15 per cent of the contract price. The Customer shall not have the right to terminate the Agreement for breach for as long as the liquidated damages continue to accumulate. However, this time restriction shall not apply in the case of wilful misconduct or gross negligence on the part of the Contractor or anyone for whom it is responsible. If only parts of the agreed deliverables are delayed, the Contractor may request a reduction...
Remedies for Breach of Contract. 10.1 Defects and shortcomings The Customer is obliged to examine the sales items or service immediately upon delivery, maximum 5 working days after receipt and immediately submit claims to Axcess Nordic. Subsequent claims cannot be made against Axcess Nordic in relation to shortcomings and defects that are discovered, or should have been discovered, in connection with such examination. The customer’s right to make claims regarding the delivery shall be void if the Customer has made corrections or changes in the delivered. Axcess Nordic’ responsibility for defects and shortcomings is limited to remedying. Axcess Nordic shall be free to choose the form of remedying as (i)repair, redelivery or additional delivery (ii) has instructed the customer a reasonable way to circumvent the defect or shortcoming. If there are significant deficiencies and if the mail part of the deficiencies are not been remedied within a reasonable time, the Customer may set a final deadline. The deadline can not be shorter than 30 working days. The Customer can then cancel the Agreement by submitting written notice. The deadline for this can not be shorter than 21 working days. If repair is not made before expiry of this notice, the Customer may terminate the agreement in whole or in part. Axcess Nordic is solely responsible for its own deliveries. Axcess Nordic is not responsible , nor does it grant any guarantee, for the Customer’s or third parties’ services, software, products, materials, tools and methods, even though these may be a part of the delivery, except for the guarantees that Axcess Nordic can pass on to the Customer. For agreements that cover an ongoing service, special non- compliance remedies apply, as outlined in section 11.2.
10.2 Breach of contract by the Customer If the fee is not paid on time, or if the Customer otherwise fails to fulfil its duties in accordance with this Agreement, Axcess Nordic may terminate the agreement if the Customer has not remedied the situation no later than 8 days after a written demand for such remedy has been issued.
Remedies for Breach of Contract. If the Contractor violates or breaches the Contract, the WDC may avail itself of any or all of the remedies provided for elsewhere in this Contract. If there are no remedies provided for elsewhere in this Contract, the WDC may avail itself of any or all of the following remedies. After declaring the Contractor in default pursuant to the procedures in paragraph (a) of subdivision
Remedies for Breach of Contract. If the Contractor violates or breaches the Contract, the WDC may avail itself of any or all of the remedies provided for elsewhere in this Contract. If there are no remedies provided for elsewhere in this Contract, the WDC may avail itself of any or all of the following remedies. After declaring the Contractor in default pursuant to the procedures in paragraph (a) of subdivision (2) of this section (B) below, the WDC may (i) withhold payment for unsatisfactory services, (ii) suspend or terminate the Contract in whole or in part; and/or (iii) have the services under this Contract completed by such means and in such manner, by contract procured with or without competition, or otherwise, as the WDC may deem advisable in accordance with all applicable Contract provisions and law. After completion of the services under this Contract, the WDC shall certify the expense incurred in such completion, which shall include the cost of procuring that contract. Should the expense of such completion, as certified by the WDC, exceed the total sum which would have been payable under the Contract if it had been completed by the Contractor, any excess shall be promptly paid by the Contractor upon demand by the WDC. The excess expense of such completion, including any and all related and incidental costs, as so certified by the WDC may be charged against and deducted out of monies earned by the Contractor.
Remedies for Breach of Contract. In addition to any and all other rights a party may have available according to law, if a party breaches this contract by failing to substantially perform any provision, term, or condition of this Agreement (including the failure to make a monetary payment when due), the other party may terminate this Agreement by providing written notice to the defaulting party. This notice will describe with sufficient detail the nature of the breach. The party receiving such notice will have five days from the effective date of such notice to cure the breach. Unless waived by a party providing notice, the failure to cure the breach within such time period shall result in the automatic termination of this Agreement.
