Suspension and dissolution. 1. User shall be authorised to suspend the fulfilment of the obligations under the agreement or to dissolve the agreement, in the event that: - client does not fulfil or does not fully fulfil his obligations resulting from the agreement - after the agreement has been concluded, user learns of circumstances giving good ground to fear that the client will not fulfil his obligations. If good ground exists to fear that the client will only partially or improperly fulfil his obligations, suspension shall only be allowed in so far the shortcoming justifies such action. - client was asked to furnish security to guarantee the fulfilment of his obligations resulting from the agreement when the contract was concluded and that this security is not provided or insufficient.
2. User shall furthermore be authorised to dissolve the agreement (have the agreement dissolved) if circumstances arise of such a nature that fulfilment of the obligations becomes impossible or can no longer be demanded in accordance with the requirements of reasonableness and fairness, or if other circumstances arise of such a nature that the unaltered maintenance of the agreement can no longer be demanded in all reasonableness.
3. If the agreement is dissolved, the user's claims against the client shall be forthwith due and payable. If user suspends fulfilment of his obligations, he shall retain his rights under the law and the agreement.
4. User shall always retain the right to claim damages.
Suspension and dissolution. U-CyTech shall be authorized to suspend the fulfillment of the obligations under the agreement, in the event that (a) Buyer does not fulfill or does not fully fulfill his obligations resulting from the agreement or in case of liquidation, bankruptcy, seizure or suspension of payment with respect to the Buyer; (b) after the agreement has been concluded, U-CyTech learns of circumstances giving good ground to fear that the Buyer will not fulfill his obligations. If good ground exists to fear that the Buyer will only partially or improperly fulfill his obligations, suspension shall only be allowed in so far the shortcoming justifies such action;
(c) Buyer was asked to furnish security to guarantee the fulfillment of his obligations resulting from the agreement when the contract was concluded and that this security is not provided or insufficient. As soon as security is furnished, the authorization to suspend shall lapse, unless said fulfillment has been unreasonably delayed because of it. U-CyTech shall furthermore be authorized to have the agreement dissolved if circumstances arise of such a nature that fulfillment of the obligations becomes impossible or can no longer be demanded in accordance with the requirements of reasonableness and fairness, or if other circumstances arise of such a nature that the unaltered maintenance of the agreement can no longer be demanded in all reasonableness. If the agreement is dissolved, U-CyTech's claims against the Buyer shall be forthwith due and payable. If U-CyTech suspends fulfillment of his obligations, he shall retain his rights under the law and the agreement. U-CyTech shall always retain the right to claim damages.
Suspension and dissolution. 1. In the event of an impediment to the implementation of the agreement arising as a result of force majeure VERHOEF EMC shall be entitled, without the intervention of the court, to suspend the implementation of the agreement for a maximum of 6 months or to dissolve the agreement in full or in part, without being obliged to pay any compensation. During the suspension VERHOEF EMC is empowered, and at the end of this obliged to opt for implementation or full or partial dissolution of the agreement. Both in the case of suspension and dissolution, VERHOEF EMC is entitled to require immediate payment for all that already has been performed for the implementation of the agreement.
2. If the Principal fails to comply with any obligation deriving for him from the agreement concluded with VERHOEF EMC, or from a coherent agreement, or fails to do so properly or in good time, or if there is a good ground for fearing that the Principal is unable or will be unable to comply with the contractual commitments vis-à-vis VERHOEF EMC, as well as in the case of bankruptcy, suspension of payment, closure, liquidation or partial transfer for collateral or otherwise, of the Principal’s business including the transfer of a major portion of his receivables, VERHOEF EMC is entitled, without notice of default and without the intervention of the court, to suspend the implementation of each of these agreements for a maximum of 6 months or to dissolve them in full or in part without being held to any compensation or guarantee and notwithstanding the further rights accruing to VERHOEF EMC. During the suspension VERHOEF EMC is empowered, and at the end of this obliged, to opt for implementation or full or partial dissolution of the suspended agreement(s).
3. In the event of suspension and/or dissolution by virtue of paragraph 2 the agreed price becomes immediately due with deduction of the instalments already paid, and the costs saved by VERHOEF EMC as a result of the suspension or dissolution. General conditions of Verhoef EMC BV Pagina 6 van 7
4. The Principal is not entitled to claim dissolution of the agreement with retroactive force.
Suspension and dissolution. 10.1 Element1 will be entitled to suspend performance of its obligations or to dissolve the Agreement in the following event: − if the Other Party fails to perform the obligations arising from the Agreement or fails to perform them in time or in full; circumstances arise following the Agreement’s conclusion that provide good reason for fearing that the Other Party will not perform its obligations, or will not perform such in good time or in full;
10.2 In addition, Element1 will be entitled to dissolve the agreement or have it dissolved if circumstances arise of such nature that performance of the agreement is impossible or can no longer be required pursuant to the standards of reasonableness and fairness, or if any other circumstances arise of such nature that continued unamended maintenance of the agreement can no longer reasonably be expected.
10.3 If the agreement is dissolved, Element1’s claims in respect of the Other Party will become immediately due and payable. If Element1 suspends performance of its obligations, it will retain its rights and claims under the law and the Agreement.
10.4 In case of application of those mentioned in this article, Element1 reserves the right to recover the costs incurred for Element1 and / or damage to the Other Party.
Suspension and dissolution. 1. GenDX shall be authorised to suspend the fulfilment of the obligations under the agreement or to dissolve the agreement, in the event that: - buyer does not fulfil or does not fully fulfil his obligations resulting from the agreement - after the agreement has been concluded, GenDX learns of circumstances giving good ground to fear that the buyer will not fulfil his obligations. If good ground exists to fear that the buyer will only partially or improperly fulfil his obligations, suspension shall only be allowed in so far the shortcoming justifies such action. - buyer was asked to furnish security to guarantee the fulfilment of his obligations resulting from the agreement when the contract was concluded and that this security is not provided or insufficient. As soon as security is furnished, the authorisation to suspend shall lapse, unless said fulfilment has been unreasonably delayed because of it.
2. GenDX shall furthermore be authorised to dissolve the agreement (have the agreement dissolved) if circumstances arise of such a nature that fulfilment of the obligations becomes impossible or can no longer be demanded in accordance with the requirements of reasonableness and fairness, or if other circumstances arise of such a nature that the unaltered maintenance of the agreement can no longer be demanded in all reasonableness.
3. If the agreement is dissolved, the GenDX's claims against the buyer shall be forthwith due and payable. If GenDX suspends fulfilment of his obligations, he shall retain his rights under the law and the agreement.
4. GenDX shall always retain the right to claim damages.
Suspension and dissolution. 1. In the event of failure of one of the two Parties to perform this Agreement for which the party in question cannot be blamed (force majeure), the performance of the part of this Agreement in question will be suspended. An event of force majeure will be involved if the party in question cannot be blamed, either by law, legal act or generally accepted standard. The parties must inform each other as soon as possible of such a circumstance. If the suspension has lasted four (4) months or as soon as it has been established that it will last at least four (4) months, either of the Parties may dissolve this Agreement with immediate effect in whole or in part without the Parties being required to pay each other any damages.
2. This Agreement may furthermore be dissolved in whole or in part:
a. by one of the Parties without any further notice of default if the other party is declared bankrupt or has been granted a suspension of payment;
b. by one of the Parties if the other party, after being given written notice of default, fails to fulfil any obligation arising from this Agreement within a reasonable period, insofar as the dissolving Party cannot reasonably be required to maintain this Agreement;
c. by the Principal if, otherwise than due to an event of force majeure on the part of the Supplier and otherwise than due to circumstances for which the Principal is to blame, the deadlines for turnkey delivery as agreed have been exceeded to such an extent that the Principal cannot reasonably be required to continue this Agreement; or
d. by one of the Parties if the other Party is taken over and the dissolving Party cannot reasonably be required to continue this Agreement.
3. Dissolution must take place by registered letter sent to the other Party.
4. In the event of dissolution on the grounds of paragraph 2 of this Article, the Party dissolving this Agreement will be entitled to damages with due observance of the provisions of Articles 13 and 14 of this Agreement.
5. In the event of dissolution as referred to in paragraph 2(b), (c) and (d) both of the Parties will be required to reverse the performance already received by them in the performance of this Agreement within one month after the date of the letter referred to in paragraph 3.
Suspension and dissolution. 1. Any shortcoming either or not foreseeable or attributable in the fulfilment or impending failure in the fulfilment by client of its obligations ensuing from the agreement with Lenze or from related agreements, entitles Lenze to suspend its obligations by virtue of these agreements without further notice of default and without judicial intervention or to dissolve each of the agreements in whole or in part, without being obliged to any compensation or guarantee and without prejudice to the other rights accruing to it by virtue of the applicable law. This also applies in case of suspension of payment or bankruptcy on the part of client and in case of whole or partial transfer of the business or components of the business of client to third parties - either or not as security.
2. In the case of suspension on the part of Lenze mentioned under 10.1 the agreed price shall become immediately due and payable, less the instalments already paid and less costs included therein and not yet made by Lenze, and client shall be obliged to pay the above-mentioned amount and to accept the items included therein, failing which Lenze shall be entitled to have these items stored or to sell them for the account of client. In case of dissolution on the part of Lenze the transaction shall be completed with due regard for the mutual implementation of the contractual obligations until then.
3. In case of force majeure on the part of Lenze, in this matter also understood to include all circumstances beyond the control of the business of Lenze as meant above under 4.7, even if already foreseeable at the time of the agreement, under which circumstances fulfilment of the agreement cannot in reasonableness be required from Lenze, Lenze shall be entitled either to suspend the implementation of the agreement or to dissolve the agreement in whole or in part without judicial intervention and without being obliged to pay any compensation or fine.
4. Client shall not be entitled to claim dissolution of the agreement with retroactive effect.
Suspension and dissolution. 1. In the event of an impediment to the implementation of the agreement arising as a result of force majeure Machinefabriek Bolier B.V.shall be entitled, without the intervention of the court, to suspend the implementation of the agreement for a maximum of 6 months or to dissolve the agreement in full or in part, without being obliged to pay any compensation. During the suspension Machinefabriek Bolier X.X.xx empowered, and at the end of this obliged to opt for implementation or full or partial dissolution of the agreement. Both in the case of suspension and dissolution, Machinefabriek Bolier X.X.xx entitled to require immediate payment for all that already has been performed for the implementation of the agreement.
2. If the Principal fails to comply with any obligation deriving for him from the agreement concluded with Machinefabriek Bolier B.V., or from a coherent agreement, or fails to do so properly or in good time, of if there is a good ground for fearing that the Principal is unable or will be unable to comply with the contractual commitments vis-à-vis Machinefabriek Bolier B.V., as well as in the case of bankruptcy, suspension of payment, closure, liquidation or partial transfer for collateral or otherwise, of the Principal’s business including the transfer of a major portion of his receivables, Machinefabriek Bolier X.X.xx entitled, without notice of default and without the intervention of the court, to suspend the implementation of each of these agreements for a maximum of 6 months or to dissolve them in full or in part without being held to any compensation or guarantee and notwithstanding the further rights accruing to Machinefabriek Bolier B.V.. During the suspension Machinefabriek Bolier X.X.xx empowered, and at the end of this obliged, to opt for implementation or full or partial dissolution of the suspended agreement(s).
3. In the event of suspension and/or dissolution by virtue of paragraph 2 the agreed price becomes immediately due with deduction of the instalments already paid, and the costs saved by Machinefabriek Bolier X.X.xx a result of the suspension or dissolution.
4. The Principal is not entitled to claim dissolution of the agreement with retroactive force.
Suspension and dissolution. 1. Matchmark B.V. shall be authorized to suspend the fulfillment of obligati- ons or dissolve the agreement if: - the principal does not (completely) fulfill the obligations arising from the agreement. - after the closing of the agreement, any circumstances having come to the attention of Matchmark B.V. provide sufficient evidence that the principal will not fulfill the obligations. If there is sufficient evidence to fear that the princi- pal will only partly, or not sufficiently, fulfill the obligations of the agreement, then suspension shall only be permitted to the extent justified by the shortco- ming. - the principal was requested, on the closing of the agreement, to provide se- curity for the fulfillment of his obligations arising from the agreement, and this security is not or insufficiently provided.
2. Furthermore, Matchmark B.V. is authorized to dissolve the agreement or have the agreement dissolved if circumstances arise on account of which ful- fillment of the agreement is impossible or, according to the standards of rea- sonableness and fairness, can no longer be required, or if other circumstances arise of such a nature that the unchanged fulfillment of the agreement cannot be expected in all reasonableness.
3. If the agreement is dissolved, then the accounts receivable by Matchmark
Suspension and dissolution. 1. The user is entitled to suspend fulfilment of its obligations towards the other party or to dissolve the agreement if: - the other party fails to fulfil or fails to fully fulfil its obligations under the agreement between the parties, after being in default according to Article 7. - circumstances of which the user becomes aware after conclusion of the agreement give it good reason to fear that the other party will not fulfil its obligations; - upon conclusion of the agreement, the other party has been requested to provide security for the fulfilment of its obligations under the agreement and this security has not been provided or is insufficient.
2. Furthermore, the user is entitled to dissolve the agreement (have the agreement dissolved) if circumstances occur that are of such a nature that fulfilment of the agreement cannot possibly be required or can no longer be required in accordance with standards of reasonableness and fairness or if otherwise circumstances arise of such a nature that it is not reasonable to expect that the agreement can be maintained without any changes.
3. If the agreement is dissolved, the user’s claims against the other party are immediately due and payable.
4. If the user suspends fulfilment of the obligations, it retains its rights under the law and the agreement.
5. The user always retains the right to claim damages.
