Termination: Breach. 15.1 Any party, by written notice to the other party (“Breaching Party”), may terminate this Agreement in whole or in part with respect to such Breaching Party or suspend further performance without terminating this Agreement upon the occurrence of any of the following:
(a) the Breaching Party terminates or suspends doing business; (b) the Breaching Party becomes subject to any bankruptcy or insolvency proceeding under federal or state law (unless removed or dismissed within sixty (60) days from the filing thereof), or becomes insolvent, becomes subject to direct control of a transferee, receiver or similar authority, or makes an assignment for the benefit of creditors; or (c) the Breaching Party commits a material breach of any of its obligations under this Agreement or the Terms and Conditions and has not cured such breach within fifteen (15) days after receipt of a written notice from the other party specifying the nature of such.
15.2 Neither Party may suspend performance or terminate this Agreement as a result an event or occurrence described in subsection 15.1, as to which there is a good faith dispute between the Parties concerning the right of the non-defaulting Party hereunder to terminate this Agreement. The Parties hereby agree to submit such good faith dispute to arbitration pursuant to the provisions of Section 20 hereof, and acknowledge that such obligation shall be subject to enforcement by a decree of specific performance. With respect to any such good faith dispute resolved pursuant to the provisions of Section 20, the time period to cure any default, which shall include payment of any damages determined to have been caused by such default, shall not commence until the issuance of a final arbitration decision; provided, however, that the accrual of such damages shall be from the date of notice of arbitration required under Section 20.2. Neither party may terminate this Agreement if the defaulting Party shall have complied fully with the arbitration decision within the time period set forth therein. If the defaulting Party shall not comply fully with the arbitration decision within such time period, the non-Defaulting Party shall have the right to terminate this Agreement and shall be entitled to recover its direct damages and losses (which shall not include consequential damages) relate to all transactions contemplated between the parties.
Termination: Breach. In the event that either party defaults or breaches any of the provisions of this Agreement, the other party shall have the right to terminate this Agreement by giving written notice to the defaulting party, provided, however, that if the said defaulting party cures said default within thirty (30) days after said notice shall have been given, this Agreement shall continue in full force and effect. The failure on the part of either of the parties hereto to exercise or enforce any right conferred upon it hereunder shall not be deemed to be a waiver of any such right nor operate to bar the exercise or enforcement thereof at any time or times thereafter.
Termination: Breach. 16.1 Notwithstanding anything to the contrary elsewhere in this Agreement, any party, by written notice to the other party (“Breaching Party”), may terminate this Agreement in whole or in part with respect to such Breaching Party or suspend further performance without terminating this Agreement upon the occurrence of any of the following: (a) the Breaching Party terminates or suspends doing business; (b) the Breaching Party becomes subject to any bankruptcy or insolvency proceeding under federal or state law (unless removed or dismissed within sixty (60) days from the filing thereof), or becomes insolvent, becomes subject to direct control of a transferee, receiver or similar authority, or makes an assignment for the benefit of creditors; or (c) the Breaching Party commits a material breach of any of its obligations under this Agreement or the Terms and Conditions and has not cured such breach within fifteen (15) days after receipt of a written notice from the other party specifying the nature of such.
16.2 The enumeration of the foregoing remedies shall not be deemed a waiver of any other remedies to which either party is legally entitled. Notwithstanding the availability of other remedies in law or equity, either party shall be entitled to specific performance to remedy a breach of this Agreement by the other party.
Termination: Breach. Any breach of this contract by Vendor, including the failure of Vendor to totally and satisfactorily perform as specified herein, is cause for forfeiture by the Vendor of all compensation due and/or payable under this contract, without limitation upon any other relief available to the State, and will allow Department to terminate the contract and seek any other available relief including, but not limited to, damages and attorney’s fees. Department may terminate this Contract without penalty at any time, and for any reason, including but not limited to convenience. Vendor may terminate this Contract upon 30 days written notice to Department.
Termination: Breach. Either Party may terminate this agreement at any time upon giving 60 days written notice to the other. Should either Party commit any breach of its obligations in terms hereof and fails to remedy that breach within 7 (seven) days after receipt of written notice to do so, the other Party shall be entitled to terminate this Agreement upon final notice of termination to the other.
Termination: Breach. (a) Client shall have the right to terminate this Agreement at any time for convenience, provided the Agreement is not then the current subject of a Minimum Commitment and provided that Client has remained current with payments to Interneuron of applicable fees prior to termination.
(b) If the licence is a Subscription Licence, this Agreement shall terminate in the event that Clientdoes not timely renew the Subscription Licence by paying the invoice for same before the expiry ofthe term of the Subscription Licence.
(c) Client shall have the right to terminate the whole of this Agreement (including any then prevailing Schedule or Addendum) if Interneuron is in a Service Breach (as defined in section 5(f)below) and thirty (30) days have elapsed since Client provided to Interneuron written notice of that breach, identifying in detail the nature and particulars of the breach, and such breach has not beencured.
(d) The parties agree that the purpose of the right set forth in 5(c) is to permit Client to escape xxxxxx unworkable situation. Thus, if Client chooses not to make use of a right to terminate pursuant to5(c) within six (6) months of said breach by Interneuron, the parties agree that Client’s right to terminatefor that breach shall expire.
Termination: Breach. 12.1 Either Party may terminate this agreement by giving 14 (fourteen) days due notice to the other in writing. Termination shall be without prejudice to all rights which have accrued to either Party prior to the termination thereof. All monies due (whether in the form of fees or disbursements) shall become payable in full upon date of termination, and Xcelerate shall be entitled to issue an invoice for an amount covering all unbilled fees pertaining to the Verification Service already conducted, whether in part or full.
12.2 If either of the Parties commits a breach of this agreement (“defaulting party”) and/or fails to comply with the provisions hereof, then the other against whom the breach is committed (“innocent party”) shall be entitled to give the defaulting party 14 (fourteen) days notice in writing to remedy such breach. Should the defaulting party fail to comply with such notice then the innocent party shall forthwith be entitled, without prejudice to any other rights or remedies which the innocent party may have in law, including the right the right to claim damages: • to cancel this agreement; or • to claim immediate performance and/or payment of all the obligations of the defaulting party in terms hereof.
Termination: Breach. 1. Failure to abide by any term of this contract constitutes a breach of this contract.
2. Breach of this contract by Applicant will result in the forfeiture of the security/damage deposit to Township.
3. This rental agreement may be terminated in advance of the rental period by Applicant upon written notification received by the Township 24 hours or more before the start of the rental period. If the Applicant terminates this rental agreement less than 24 hours before the start of the rental period, the Applicant forfeits his security/damage deposit to Township.
4. The Township may terminate the rental agreement at any time prior to Applicant taking possession of the property. Township may terminate this rental agreement and cause the removal of all persons from said property during the rental period for any act that any Township Trustee or its Fiscal Officer believes in good faith to be a violation of the conditions of this rental agreement.
Termination: Breach. 15.1. In the event that the "End User" breaches any term of this agreement or any warranty given by it hereunder or fails to fulfil any obligation resting upon it, then without prejudice to Comb's other rights in terms of this agreement or the common law, Comb may forthwith and after 3 days written notice to the "End User", either terminate this agreement or call for specific performance of all the "end user's" obligations and immediate payment of all sums owing by the "End User", whether or not then due, in either event without prejudice to Comb's right to recover pre-estimated damages.
15.2. Comb may, without notice, terminate this agreement immediately in any of the following circumstances:
15.2.1. If the "End User" fails to pay an amount owing to Comb on due date;
15.2.2. If the "End User" makes or offers any composition with its creditors or commits any act of insolvency in terms of the Insolvency Act, 1936, or any act which would have been an act of insolvency had it been committed by a natural person or if any petition or application for sequestration, liquidation, winding-up or judicial management is presented by or made against the "End User", or if any resolution to wind-up the "End User" is passed or if a receiver, trustee or curator is appointed over the whole or any part of the "End User's" assets or estate or if Comb anticipates that any of the events as set out in this clause are imminent; or
15.2.3. If the "End User" does or allows to be done anything which in Comb's opinion will or may have the effect of negatively affecting the operation of the services;
15.3. Upon termination of this agreement Comb shall disconnect the terminal equipment from the system.
15.4. After disconnection of the terminal equipment from the system consequent upon termination of this agreement, the "End User" shall pay on demand all charges outstanding at the time of disconnection, including the balance of the monthly access charges described in clause 5.2.
Termination: Breach. Should either party fail to fulfill in a timely and proper manner its obligations under this Agreement or if either party should violate the terms of this Agreement, the nonbreaching party shall have the right to immediately terminate this Agreement. Such termination shall not relieve the breaching party of any damages sustained by the nonbreaching party. Termination of this Agreement by the nonbreaching party for any breach by the breaching party shall be in addition to any other remedies available for such breach. Nothing in this Agreement shall be construed as prohibiting the nonbreaching party from pursuing any other available remedies.
