T ermination for Cause. A. If CONTRACTOR refuses or fails to prosecute the work with such diligence as will insure its completion within the time specified in AGREEMENT or any extension thereof, or fails to complete said work within such time, the Board of Supervisors may and in accordance with Paragraph 41 below (Breach of Contract) by written notice to CONTRACTOR, terminate his right to proceed with the work or such part of the work as to which there has been delay. In such event, COUNTY may take over the work and prosecute the same to completion, by contract or otherwise, and may take possession of and utilize in completing the work such materials, appliances, and plant as may be on the site of the work and necessary therefor. Whether or not s right to proceed with the work is terminated, he and his sureties shall be liable for any damage to COUNTY resulting from his refusal or failure to complete the work within the specified time.
B. If fixed and agreed liquidated damages are provided in AGREEMENT and if COUNTY is required to complete all or portion of the work under AGREEMENT pursuant to Paragraph 5 above or because of the default by CONTRACTOR as specified in Paragraph 42 (Default), the resulting damage will include, but not be limited to, such liquidated damages until such reasonable time as may be required for final completion of the work together with any increased costs occasioned by COUNTY in completing the work.
C. s right to proceed shall not be so terminated nor CONTRACTOR charged with resulting damage if:
1) The delay in the completion of the work arises from causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God, acts of the public enemy, acts of COUNTY, acts of another contractor in the performance of a contract with COUNTY, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, other than normal weather, and
2) CONTRACTOR, within ten (10) days from the beginning of any such delays (unless DIRECTOR grants in writing a further period of time before the date of final payment under AGREEMENT), notifies DIRECTOR in writing of the causes of delay. DIRECTOR shall ascertain the facts and the extent of the delay and extend the time for completing the work when, in his judgment, the delay is justified. DIRECTOR shall make written findings, and the findings of fact shall be final and conclusive on the parties, subject only to appeal as provided by law.
D. The rights and remedies of CO...
T ermination for Cause. In the event of Business Associate’s breach of a material term of this Addendum, Covered Entity may either:
(a) Provide an opportunity for Business Associate to cure the breach or end the violation and terminate this Addendum and the Underlying Agreement if the Business Associate does not cure the breach or end the violation within the time specified by the Covered Entity; or
(b) Immediately terminate this Addendum and the Underlying Agreement.
T ermination for Cause. (a) If Customer is in breach of a payment party as set forth in this Agreement upon its execution are based on law and the regulatory environment as it exists on the date of obligation (including failure to pay a required deposit), and fails to make payment in full within ten (10) days after receipt of notice of default, or has failed to make payments of all undisputed charges on or before the due date on three (3) or more occasions during any twelve (12) month period, Comcast may, at its option, terminate this Agreement, terminate the affected Service Orders, suspend Service under the affected Service Orders, and/or require a deposit, advance payment, or other satisfactory assurances in connection with any or all Service Orders as a condition of continuing to provide the Services. However, Comcast will not take any such action as a result of Customer’s non-payment of a charge that is the subject of a timely billing dispute, unless the parties have reviewed the dispute and determined in good faith that the charge is correct.
(b) If either party breaches any material term of this Agreement and the breach continues without remedy for thirty (30) days after notice of default, the non-defaulting party may terminate for cause any Service Order materially affected by the breach.
(c) A Service Order may be terminated by either party immediately upon notice if the other party has become insolvent or involved in liquidation or termination of its business, or adjudicated bankrupt, or been involved in an assignment for the benefit of its creditors. execution of this Agreement. Comcast may, in its sole discretion, immediately terminate this Agreement, in whole or in part, in the event there is a material change in any law, rule, regulation, Force Majeure event, or judgment of any court or government agency, and that change affects Comcast’s ability to provide the Services herein. A RTICLE 6. LIMITATION OF LIABILITY;
T ermination for Cause. In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a “Termination for Convenience” if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are in addition to any other rights and remedies provided by law.
T ermination for Cause. To the extent permissible under applicable law, either Party may terminate or withdraw with immediate effect, upon prior written notice to the other Party, in the following cases:
(1) material breach of this Agreement, provided the Party in breach was given one (1) month’s opportunity to cure;
(2) the other Party or its Affiliates have been registered for insolvency or bankruptcy. You may also withdraw an individual Service upon one (1) month prior written notice, at any time during the agreed Term, but not earlier than twelve (12) contract months from the initial Start Date of this Agreement without any applicable Termination Charges, in the following events:
(1) the Eligible Products for which the Service is provided is permanently replaced by an equivalent Lenovo Product which is eligible for the same Service; Lenovo DCG Services - Maintenance General Terms and Conditions - EMEA
(2) the Eligible Product for which the Service is provided is permanently removed or disposed from productive and operational use within the enterprise at the Asset Location. Proof must be provided of such disposal and/or end of use to Lenovo at Lenovo’s first request. For the avoidance of doubt, this clause does not apply if the Eligible Products is used for different purposes at the Asset Location, such as educational purposes, for backup solutions, or operation in test environment;
(3) inclusion/transfer of an Eligible Product into another Lenovo contract or statement of work;
(4) the Asset Location is no longer under the control of the same enterprise (e.g. the business premises are sold or closed definitely);
(5) the transfer of an Eligible Product or Service to another country within the same enterprise.
T ermination for Cause. Either Purchaser or Seller may terminate a supplement and/or purchase order and this EPL Agreement solely as between themselves and without the assessment of any penalties upon a material breach by the other party upon thirty (30) calendar days prior written notice unless the defaulting party cures such breach within such thirty (30) calendar-day period. Provided that, if the Purchaser terminates a supplement and/or purchase order and this EPL Agreement solely as between those two parties because of Seller’s inability to cure material defects after notice and opportunity to cure as provided for in Article 7, the Purchaser may terminate the supplement and/or purchase order and this EPL Agreement solely as between those two parties without also providing the notice and opportunity to cure required in this Article. The non-defaulting party may also pursue any remedy available to it in law or in equity.
T ermination for Cause. If either party fails to perform any of its material obligations under this Agreement, the other party may terminate this Agreement by giving 30 days prior written notice, provided that the matters set forth in such notice are not cured to the other party’s reasonable satisfaction within the 30-day period. If either party commits or suffers (voluntarily or involuntarily) an act of bankruptcy, receivership, liquidation, or similar event, the other party may immediately terminate this Agreement. T o Ivanti, Inc: Attn: Legal Department 000 Xxxx 00000 Xxxxx Xxxxx Xxxxxx, XX 00000 T o Reseller:
T ermination for Cause. Upon a party’s knowledge of a material breach of the BAA by the other party, the non-breaching party shall provide an opportunity for the breaching party to cure the breach. If the breaching party does not cure the breach within thirty (30) days, following the breaching party’s receipt of a written notice from the non-breaching party setting forth the details of such material breach, then the non-breaching party shall have the right to terminate this BAA and the Agreement according to the terms of the Agreement, or, if termination is not feasible, shall report the problem to the Secretary or any other competent authority.
T ermination for Cause. BUSINESS ASSOCIATE agrees that COVERED ENTITY has the right to immediately terminate this Agreement and seek relief under Disputes Article if COVERED ENTITY determines that BUSINESS ASSOCIATE has violated a material term of this Agreement. R ETURN OR DESTRUCTION OF INFORMATION Upon termination of this Agreement for any reason, BUSINESS ASSOCIATE hereby agrees to return or destroy all information received or created on behalf of COVERED ENTITY. BUSINESS ASSOCIATE agrees not to retain any copies of information after termination of this Agreement. If return or destruction of the information is not feasible, BUSINESS ASSOCIATE agrees to extend protections outlined in this Agreement and agrees to limit all further use or disclosure and agrees to provide COVERED ENTITY with written confirmation that the information has been destroyed. C OMPLIANCE WITH STATE LAW BUSINESS ASSOCIATE acknowledges that by accepting the information from COVERED ENTITY, it becomes a holder of medical records information under the state Privacy laws and is subject to the provisions of that law. If the HIPAA Privacy or Security Rules and the state Privacy law conflict regarding the degree of protection provided for protected health information, Business Associate shall comply with the more restrictive protection requirement. G ROUNDS FOR BREACH Non-compliance by BUSINESS ASSOCIATE (or any of its subcontractors or agents) with any terms of this Agreement or the Health Insurance Portability and Accountability Act will automatically be considered grounds for breach. I NJUNCTIVE RELIEF Notwithstanding any rights or remedies provided for in this contract, COVERED ENTITY retains all rights to seek injunctive relief to prevent or stop unauthorized use or disclosure of information by BUSINESS ASSOCIATE or any agent, contractor, or third party that received information from BUSINESS ASSOCIATE. Parties agree to exercise good faith in performance of this contract.
T ermination for Cause. Upon PHPNI’s knowledge of a material breach by Business Associate, PHPNI shall either:
1. provide a reasonable opportunity (not less than three (3) business days) for Business Associate to cure the breach or end the violation and terminate the Agreement if Business Associate does not cure the breach or end the violation within the time specified by PHPNI; or
2. if Business Associate has breached a material term of this Agreement and cure is not possible, immediately terminate the Agreement by providing the Business Associate written notice of termination, stating the breach of this Agreement that provides the basis for the termination; or
3. if neither termination nor cure is feasible, PHPNI shall report the violation to the Secretary of HHS.
