Common use of TERMINATING THIS AGREEMENT Clause in Contracts

TERMINATING THIS AGREEMENT. 19.1 This Agreement may be terminated by the Merchant or the Grower by providing notice in writing to the other party (Termination Notice). 19.2 Any such termination: (a) shall apply to prevent any despatch of Produce by the Grower under this Agreement after service of the Termination Notice but shall not apply to any Produce despatched by the Grower (whether delivered to the Merchant or not) before the service of the Termination Notice; (b) shall apply to prevent any purchase of Produce by the Merchant under this Agreement after the service of the Termination Notice but shall not apply to any Produce purchased by the Merchant before the service of the Termination Notice; and (c) will not affect any accrued rights or obligations of the Merchant or the Grower prior to the service of the Termination Notice. 19.3 Following termination, the Grower and the Merchant shall be entitled to pursue any other claim they may have against the other which has accrued or arisen up to the date of termination. 19.4 Despite anything else in this Agreement, where the term of this Agreement is 90 days or more, or is not specified, either party may terminate this Agreement by issuing a Termination Notice at any time within the cooling-off period, as set out in the Schedule, provided that such cooling-off period is not less than 7 days as set out in the Code. 19.5 Where this Agreement is terminated by either the Merchant or the Grower within the cooling-off period: (a) clause 19.2 and clause 19.3 shall apply; and (b) any payment of money or other valuable consideration, that was made for the purposes of, and directly related to, a purchase of Produce by the Merchant that would have occurred after the service of the Termination Notice (Trade), must be returned to the party who made the payment within 14 days of the service of the Termination Notice (less reasonable expenses incurred under this Agreement for the purpose of, and directly relating to the Trade).

Appears in 10 contracts

Samples: Horticulture Produce Agreement, Horticulture Produce Agreement, Horticulture Produce Agreement

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TERMINATING THIS AGREEMENT. 19.1 20.1 This Agreement may be terminated by the Merchant or the Grower by providing notice in writing to the other party (Termination Notice). 19.2 20.2 Any such termination: (a) shall apply to prevent any despatch of Produce by the Grower under this Agreement after service of the Termination Notice but shall not apply to any Produce despatched by the Grower (whether delivered to the Merchant or not) before the service of the Termination Notice; (b) shall apply to prevent any purchase of Produce by the Merchant under this Agreement after the service of the Termination Notice but shall not apply to any Produce purchased by the Merchant before the service of the Termination Notice; and (c) will not affect any accrued rights or obligations of the Merchant or the Grower prior to the service of the Termination Notice. 19.3 20.3 Following termination, the Grower and the Merchant shall be entitled to pursue any other claim they may have against the other which has accrued or arisen up to the date of termination. 19.4 20.4 Despite anything else in this Agreement, where the term of this Agreement is 90 days or more, or is not specified, either party may terminate this Agreement by issuing a Termination Notice at any time within the cooling-off period, as set out in the Schedule, provided that such cooling-off period is not less than 7 days as set out in the Code. 19.5 20.5 Where this Agreement is terminated by either the Merchant or the Grower within the cooling-off period: (a) clause 19.2 20.2 and clause 19.3 20.3 shall apply; and (b) any payment of money or other valuable consideration, that was made for the purposes of, and directly related to, a purchase of Produce by the Merchant that would have occurred after the service of the Termination Notice (Trade), must be returned to the party who made the payment within 14 days of the service of the Termination Notice (less reasonable expenses incurred under this Agreement for the purpose of, and directly relating to the Trade).

Appears in 4 contracts

Samples: Horticulture Produce Agreement, Horticulture Produce Agreement, Horticulture Produce Agreement

TERMINATING THIS AGREEMENT. 19.1 This Agreement may be terminated by the Merchant or the Grower by providing notice in writing to the other party (Termination Notice). 19.2 Any such termination: (a) shall apply to prevent any despatch of Produce by the Grower under this Agreement after service of the Termination Notice but shall not apply to any Produce despatched by the Grower (whether delivered to the Merchant or not) before the service of the Termination Notice; (b) shall apply to prevent any purchase of Produce by the Merchant under this Agreement after the service of the Termination Notice but shall not apply to any Produce purchased by the Merchant before the service of the Termination Notice; and (c) will not affect any accrued rights or obligations of the Merchant or the Grower prior to the service of the Termination Notice. 19.3 Following termination, the Grower and the Merchant shall be entitled to pursue any other claim they may have against the other which has accrued or arisen up to the date of termination. 19.4 Despite anything else in this Agreement, where the term of this Agreement is 90 days or more, or is not specified, either party may terminate this Agreement by issuing a Termination Notice at any time within the cooling-off period, as set out in the Schedule, provided that such cooling-off period is not less than 7 days as set out in the Code. 19.5 Where this Agreement is terminated by either the Merchant or the Grower within the cooling-off period: (a) clause 19.2 and clause 19.3 shall apply; and (b) any payment of money or other valuable consideration, that was made for the purposes of, and directly related to, a purchase of Produce by the Merchant that would have occurred after the service of the Termination Notice (Trade), must be returned to the party who made the payment within 14 days of the service of the Termination Notice (less reasonable expenses incurred under this Agreement for the purpose of, and directly relating to the Trade). All details contained in this Agreement or acquired as a result of this Agreement or in any agreement as to price shall remain confidential between the parties except to the extent a party is required by law to disclose its contents. A party may disclose the contents of this Agreement or any agreement as to price to its professional advisers and its directors, officers, employees, servants and agents on a confidential basis.

Appears in 1 contract

Samples: Horticulture Produce Agreement Merchant

TERMINATING THIS AGREEMENT. 19.1 22.1 This Agreement may be terminated by the Merchant or the Grower by providing notice in writing to the other party (Termination Notice)party. 19.2 22.2 Any such termination: (a) 22.2.1 shall apply to prevent any despatch of Produce by the Grower under this Agreement after service of the Termination Notice but shall not apply to any Produce despatched by the Grower (whether delivered to the Merchant or not) before the service of the Termination Notice; (b) 22.2.2 shall apply to prevent any purchase of Produce by the Merchant under this Agreement after the service of the Termination Notice but shall not apply to any Produce purchased by the Merchant before the service of the Termination Notice; and (c) 22.2.3 will not affect any accrued rights or obligations of the Merchant or the Grower prior to the service of the Termination Notice. 19.3 22.3 Following termination, the Grower and the Merchant shall be entitled to pursue any other claim they may have against the other which has accrued or arisen up to the date of termination. 19.4 22.4 Despite anything else in this Agreement, where the term of this Agreement is 90 days or more, or is not specified, either party may terminate this Agreement by issuing a Termination Notice at any time within the cooling-off period, as set out in the Schedule, provided that such cooling-off period is not less than 7 days or any other such period as set out in the Code. 19.5 22.5 Where this Agreement is terminated by either the Merchant or the Grower within the cooling-off period: (a) 22.5.1 clause 19.2 22.2 and clause 19.3 22.3 shall apply; and (b) 22.5.2 any payment of money or other valuable consideration, that was made for the purposes of, and directly related to, a purchase of Produce by the Merchant that would have occurred after the service of the Termination Notice (Trade), must be returned to the party who made the payment within 14 fourteen (14) days of the service of the Termination Notice (less reasonable expenses incurred under this Agreement for the purpose of, and directly relating to the Trade).

Appears in 1 contract

Samples: Horticulture Produce Agreement

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TERMINATING THIS AGREEMENT. 19.1 This Agreement may be terminated by the Merchant or the Grower by providing notice in writing to the other party (Termination Notice). 19.2 Any such termination: (a) shall apply to prevent any despatch of Produce by the Grower under this Agreement after service of the Termination Notice but shall not apply to any Produce despatched by the Grower (whether delivered to the Merchant or not) before the service of the Termination Notice; (b) shall apply to prevent any purchase of Produce by the Merchant under this Agreement after the service of the Termination Notice but shall not apply to any Produce purchased by the Merchant before the service of the Termination Notice; and (c) will not affect any accrued rights or obligations of the Merchant or the Grower prior to the service of the Termination Notice. 19.3 Following termination, the Grower and the Merchant shall be entitled to pursue any other claim they may have against the other which has accrued or arisen up to the date of termination. 19.4 Despite anything else in this Agreement, where the term of this Agreement is 90 days or more, or is not specified, either party may terminate this Agreement by issuing a Termination Notice at any time within the cooling-off period, as set out in the Schedule, provided that such cooling-off period is not less than 7 days as set out in the Code. 19.5 Where this Agreement is terminated by either the Merchant or the Grower within the cooling-off period: (a) clause 19.2 and clause 19.3 shall apply; and (b) any payment of money or other valuable consideration, that was made for the purposes of, and directly related to, a purchase of Produce by the Merchant that would have occurred after the service All details contained in this Agreement or acquired as a result of this Agreement or in any agreement as to price shall remain confidential between the Termination Notice (Trade), must be returned parties except to the extent a party who made is required by law to disclose its contents. A party may disclose the payment within 14 days contents of the service of the Termination Notice (less reasonable expenses incurred under this Agreement for the purpose ofor any agreement as to price to its professional advisers and its directors, officers, employees, servants and directly relating to the Trade)agents on a confidential basis.

Appears in 1 contract

Samples: Horticulture Produce Agreement

TERMINATING THIS AGREEMENT. 19.1 18.1 This Agreement may be terminated by the Merchant or the Grower by providing notice in writing to the other party (Termination Notice). 19.2 18.2 Any such termination: (a) shall apply to prevent any despatch of Produce by the Grower under this Agreement after service of the Termination Notice but shall not apply to any Produce despatched by the Grower (whether delivered to the Merchant or not) before the service of the Termination Notice; (b) shall apply to prevent any purchase of Produce by the Merchant under this Agreement after the service of the Termination Notice but shall not apply to any Produce purchased by the Merchant before the service of the Termination Notice; and (c) will not affect any accrued rights or obligations of the Merchant or the Grower prior to the service of the Termination Notice. 19.3 18.3 Following termination, the Grower and the Merchant shall be entitled to pursue any other claim they may have against the other which has accrued or arisen up to the date of termination. 19.4 18.4 Despite anything else in this Agreement, where the term of this Agreement is 90 days or more, or is not specified, either party may terminate this Agreement by issuing a Termination Notice at any time within the cooling-off (cooling-off) period, as set out in the Schedule, provided that such cooling-off period is not less than 7 days as set out in the Code. 19.5 18.5 Where this Agreement is terminated by either the Merchant or the Grower within the cooling-off period: (a) clause 19.2 18.2 and clause 19.3 18.3 shall apply; and (b) any payment of money or other valuable consideration, that was made for the purposes of, and directly related to, a purchase of Produce by the Merchant that would have occurred after the service of the Termination Notice (Trade), must be returned to the party who made the payment within 14 days of the service of the Termination Notice (less reasonable expenses incurred under this Agreement for the purpose of, and directly relating to the Trade).

Appears in 1 contract

Samples: Horticulture Produce Agreement

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