Supplier Default. If the services cannot be carried out due to any default of the Supplier then the Hirer shall incur no charge for the specific item of Plant the subject of such default.
Supplier Default. The obligations to purchase Product under this Agreement may be terminated by Buyer if any one or more of the following events occur (each a "Supplier Default"):
(a) If Supplier files a petition for adjudication as a bankrupt, for reorganization or for an arrangement under any bankruptcy or insolvency law, or if any involuntary petition under such law is filed against Supplier and is not dismissed within thirty (30) days thereafter; then, so long as any such event is continuing, Buyer may by notice in writing to Supplier terminate its obligations to purchase all or a portion of Product forthwith;
(b) If Supplier makes an assignment of all or substantially all of its assets for the benefit of creditors, or if Supplier's interest under this Agreement shall be taken upon execution;
(c) If Supplier fails to perform any material covenant or material obligation including, but not limited to, the payment of any amounts due to Buyer; provided, however, that no termination shall be made hereunder unless and until Buyer gives Supplier notice of such failure to perform and Supplier has not cured such failure within thirty (30) days after its receipt of such notice, or ten (10) days in the case of failure to make payment of any amounts due to Buyer; or
(d) There is a change of ownership or control of Supplier or Supplier transfers its interest in the Plant to a third party (in either case, other than to an Affiliate of Supplier), or if Bunge Corporation terminates its guaranty provided below; provided, however, that Buyer's exclusive remedy upon the occurrence of such an event in the absence of Buyer's prior written consent to any such event (and without limiting Buyer's remedies in the event of any other Supplier Default) shall be limited to the right to terminate this Agreement.
Supplier Default. If the Supplier:
(a) breaches any obligation or undertaking under the Contract and fails to remedy it within 7 days of the Company’s written request to do so; or
(b) becomes insolvent, then the Company may, without prejudice to any other rights it may have, including to claim damages, terminate the Contract with immediate effect.
Supplier Default. A breach of the Agreement Terms on the part of SmartCitizen
Supplier Default. Should the Buyer consider that the Seller is not executing the Order in accordance with or as stipulated in the Contract; or the Seller has not made sufficient progress to ensure delivery of the Goods by the time stated in the Order, or that such time has already expired; or the Seller has refused to carry out the reasonable instruction of the Purchaser for the execution of Order or is otherwise in breach of its obligations under the Contract. The Buyer may give notice to the Seller specifying the default and requiring the Seller to remedy it within seven days or such longer period as the Buyer may specify. If the Seller fails so to remedy its default then the Buyer may terminate the Order in whole or in part by notice to the Seller with immediate effect. Thereupon the Buyer may itself complete performance or secure such performance by others of that part of the Order which the Seller has failed to perform using for that purpose (making a fair and proper allowance therefor in any payment subsequently made to the Seller) any materials, plant and equipment on the Buyers premises belonging to the Seller. The Buyer shall not be liable to make any further payment to the Seller until the Order has been completed in accordance with the requirements of the Contract, and shall be entitled to deduct from any amount due to the Seller the costs thereof incurred by the Buyer if the total cost to the Company exceeds the amount (if any) due to the Seller, the difference shall be recoverable by the Buyer from the Seller. The Buyer shall not be liable for any loss whatsoever suffered by the Seller as a result of the Buyers action.
Supplier Default. 33.1.1 If the Supplier:
33.1.1.1 breaches any provision of this Agreement and fails to remedy the breach within 14 days of written notice to do so, or such longer time period as agreed to by the Company in writing;
33.1.1.2 takes steps to place itself, or is placed, in liquidation, whether voluntary or compulsory, or in judicial management in either case whether provisionally or finally or in business rescue;
33.1.1.3 takes steps to deregister itself or is deregistered;
33.1.1.4 commits an act of insolvency as defined in the applicable Laws pertaining to insolvency as at the date of this Agreement, or, being a corporate body, commits an act which would be such an act of insolvency if committed by a natural person;
33.1.1.5 undergoes a change of Control without the prior written consent of the Company;
33.1.1.6 is unable to meet its day-to-day liabilities and/or its liabilities exceed its assets;
33.1.1.7 falsifies any documents or records or commits any act of fraud or dishonesty in respect of its dealings with the Company or matters arising from the terms of this Agreement;
33.1.1.8 cedes, delegates, assigns or transfers (or purports to do so) its rights, benefits or obligations under this Agreement without the prior written consent of the Company; and/or
33.1.1.9 sells the whole or any material part of its business, assets and/or its facilities to any third party without the prior written consent of the Company, then the Supplier shall be in default.
33.1.2 If the Supplier is in default, the Company will be entitled, in addition to all other remedies in terms of this Agreement or at Law:
33.1.2.1 to demand specific performance of this Agreement and to take such action as may be necessary in order to implement and fulfil its rights herein and to recover any damage which it may suffer as a result of the Supplier’s default; or
33.1.2.2 to terminate forthwith this Agreement and claim such damages as the Company may have suffered as a result of the Supplier’s default.
33.1.3 Further, if the Supplier is in default the Company is entitled (but not obliged) to request copies of all sub-contracts and other agreements between the Supplier and its Personnel which relate to the Products and/or Services. The Company is also entitled to direct the Supplier to:
33.1.3.1 procure the assignment to the Company, or to another person or entity designated by the Company, of the Supplier’s rights and obligations under such of those sub-contracts and agreements as the Company ...
Supplier Default. 18.1 If the Supplier fails to perform any of its obligations, or fails to do the same properly or in a timely manner, or if: - the Supplier is declared insolvent, put into receivership or placed under administration; - the Supplier receives or requests a suspension of payment; - the Supplier participates in a debt-restructuring scheme, whether or not voluntarily; - the Supplier ceases to operate all or a substantial part of its business, changes ownership or transfers it to a third party or liquidates it in another manner; - an attachment is levied in such a manner that there are reasonable grounds for doubting whether the Supplier will be able to continue all or part of its business activities (or those relevant to the Buyer), then, without prejudice to any other rights the Buyer may have, the Buyer shall be entitled, without any further notice of default and/or judicial intervention being required, to terminate all or part of the Agreement, without prejudice to the Buyer’s right to claim compensation for all loss or harm, expenses (including any and all judicial and extrajudicial expenses) and interest.
18.2 Any claims which the Buyer may have against the Supplier in Article 18.1 shall immediately become due and payable in full.
18.3 Notwithstanding termination of the Agreement as referred to in Article 18.1, the Buyer shall retain all of its rights and the Supplier shall retain all of its obligations as stipulated in these Terms and Conditions or pursuant to the applicable law.
18.4 The Buyer shall at all times be entitled to terminate all or part of the Agreement by observing a written term of notice. In such case, the Buyer shall reimburse the Supplier only the direct expenses incurred prior to the termination, plus the direct costs relating to the termination of the Agreement.
Supplier Default. 18.1 Where a Supplier Event of Default occurs or the Supplier breaches any term of the Contract, the Company may issue a notice of default on the Supplier, which must:
(a) either require the breach to be remedied within a specified period, which must not be less than 14 days, or state the breach is incapable of remedy;
(b) state that if the breach is not remedied within the period specified in the notice or is incapable of remedy then the Company may by further notice to the Supplier do one or more of the following:
(i) elect to suspend payment under the Contract either wholly or in part until the breach has been remedied;
(ii) take such action as the Company deems necessary to cure the breach (the cost of such action to be recoverable from the Supplier as a debt due to the Company by the Supplier); or
(iii) terminate the Contract or any part of it with effect from a specified date.
Supplier Default. 8 8.1.1. Failure to Provide Chilled Water Service ....................... 8 8.1.2. Failure to Perform Other Obligations ........................... 9 8.2. Customer Default ...................................................... 9 8.2.1. Failure to Pay ................................................. 9 8.2.2. Failure to Perform Other Obligations ........................... 9
Supplier Default. 9 9.1.1 Performance Failures and Service Default.....................................9 9.1.2
