Termination by buyer for default Sample Clauses

Termination by buyer for default. 16.5.1 buyer may by notice to seller terminate or partially reduce the scope of this contract with immediate effect if any of the following apply: a) seller is in breach of this contract and seller has not cured the breach within 10 business days of being required to do so in a notice from buyer to seller; b) seller is in material breach of this contract and the breach cannot be cured; c) seller is in material breach of this contract and the breach results, or is likely to result, in material damage to buyer’s reputation and/or the Australian Government’s reputation; d) seller is in breach of any of the following clauses: 3.4, 3.7, 3.11, 4.2, 4.3, 4.5, 4.6, 4.7 4.8, 4.9, 7.12, 7.13, 9.1, 9.2, 9.3, 9.4, 9.6, 12, 13, 14.4, 14.5, and the breach is not immaterial; e) seller fails to give a notice under clause 3.4.3 in circumstances where the notice was required to be given; f) seller gives a notice under clause 3.4.3; buyer (in its discretion) considers that it has or may be adversely affected by the matters set out in the notice; and xxxxx’s right to terminate on the basis of the matters set out in the notice is not stayed by operation of law; g) seller fails to notify buyer of a conflict of interest in breach of its warranty in clause 3.9.1; h) seller or any seller’s personnel have a conflict of interest that cannot be managed to the reasonable satisfaction of buyer; i) seller fails to comply with a direction by buyer under clause 3.9.2; j) seller is in breach of the warranty in clause 9.4; k) the improper or illegal conduct of seller or seller’s personnel (whether or not in connection with this contract) results in significant damage to buyer’s reputation and/or the Australian Government’s reputation in relation to this contract.
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Termination by buyer for default buyer may by notice to seller terminate or partially reduce the scope of this contract with immediate effect if any of the following apply: seller is in breach of this contract and seller has not cured the breach within 10 business days of being required to do so in a notice from buyer to seller; seller is in material breach of this contract and the breach cannot be cured; seller is in material breach of this contract and the breach results, or is likely to result, in material damage to buyer’s reputation and/or the Australian Government’s reputation; seller is in breach of any of the following clauses: 3.4, 3.7, 3.11, 4.2, 4.3, 4.5, 4.6, 4.7 4.8, 4.9, 6.5, 8.1, 8.2, 8.3, 8.5, 11, 12, 13.4 and the breach is not immaterial; seller fails to give a notice under clause 3.4.3 in circumstances where the notice was required to be given; seller gives a notice under clause 3.4.3; buyer (in its discretion) considers that it has or may be adversely affected by the matters set out in the notice; and buyer’s right to terminate on the basis of the matters set out in the notice is not stayed by operation of law; seller fails to notify buyer of a conflict of interest in breach of its warranty in clause 3.9.1; seller or any seller’s personnel have a conflict of interest that cannot be managed to the reasonable satisfaction of buyer; seller fails to comply with a direction by buyer under clause 3.9.2; seller is in breach of the warranty in clause 8.3; the improper or illegal conduct of seller or seller’s personnel (whether or not in connection with this contract) results in significant damage to buyer’s reputation and/or the Australian Government’s reputation in relation to this contract. Termination by seller for default seller may only terminate this contract in accordance with this clause 15.6. If buyer fails to comply with its obligation to pay a correctly rendered invoice under clause 10 for more than 60 days after the due date, seller may demand immediate payment by sending a notice to buyer and also providing a copy of the notice to the invoice address. If a correctly rendered invoice remains unpaid for a period of 30 days after the date of a notice from seller under clause 15.6.2 relating to the invoice, buyer may make a further demand for immediate payment by sending a notice to buyer and also providing a copy of the notice to the invoice address. seller must ensure that the notice refers to seller’s right to terminate this contract under this clause 15.6. Subject ...
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Related to Termination by buyer for default

  • Termination for Default The Commonwealth may terminate this Agreement by notice where it reasonably believes the Grantee: (a) has breached this Agreement; or (b) has provided false or misleading statements in their application for the Grant; or (c) has become bankrupt or insolvent, entered into a scheme of arrangement with creditors, or come under any form of external administration.

  • Termination by Default If the Bank is in default (as defined in Section 3(x)(1) of the Federal Deposit Insurance Act (12 U.S.C. Section 1813(x)(1)), all obligations under this Agreement shall terminate as of the date of default, but any vested rights of the Executive shall not be affected.

  • Termination by Owner for Cause This Agreement may be terminated by Owner (or the Property Manager may be required by Owner to change its personnel assigned as Property Manager for the Property) at any time during the term hereof upon written notice to Property Manager effective immediately for any of the following causes: (a) If Property Manager shall suspend or discontinue business; (b) If a court shall enter a decree or order for relief in respect of Property Manager in an involuntary case under the federal bankruptcy laws, as now or hereafter constituted, or any other applicable federal, state or foreign bankruptcy, insolvency or other similar law, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) of Property Manager or for any substantial part of its property, or for the winding‑up, dissolution or liquidation of its affairs, and such decree or order shall continue unstayed and in effect for a period of sixty (60) consecutive days or if Property Manager shall consent to any of the foregoing; (c) If Property Manager shall commence a voluntary case or action under the federal bankruptcy laws, as now or hereafter constituted, or any other applicable federal or state bankruptcy insolvency or other similar law, or consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian, sequestrator (or other similar official) of Property Manager or for any substantial part of its property, or make any assignment for the benefit of creditors, or admit in writing that it is unable, or fail generally to pay its debts as such debts become due, or take action in furtherance of any of the foregoing; (d) If Property Manager is grossly negligent or engages in willful misconduct with respect to its duties or obligations to Owner under this Agreement; or (e) If Property Manager commits any other material default in the performance of any of its obligations under this Agreement, unless such default is cured with thirty (30) days after written notice of such default is given to Property Manager, or, if not curable within thirty (30) days, commenced within such thirty (30) days and diligently prosecuted to completion.

  • Termination by Either Party This Agreement may be terminated upon 60 days written notice without cause or penalty by either the Company (acting through the Conflicts Committee) or the Advisor. The provisions of Articles 1, 10, 12, 13, 15 and 16 shall survive termination of this Agreement.

  • Termination by XOOM We may terminate this Contract, or the applicable portion of this Contract, at our discretion and without penalty immediately upon notice to you if: a. do not pay your bill in full by the date on your bill; b. do anything that prevents us from supplying you with Energy or services; c. increase your consumption above 2,500 gigajoules per year; or d. do not give us satisfactory financial or credit information, do not give us a deposit when we request one, or do not meet our credit requirements. We may terminate this Contract, or the applicable portion of this Contract, at our direction and without penalty for any other reason on thirty (30) days notice.

  • Termination by Client Without prejudice to any rights or remedies of the Client, the Client may, by at least seven (7) days’ notice in writing to Deswik, terminate this Agreement if: (a) Deswik breaches its obligations under this Agreement and: (i) the breach is not capable of remedy; (ii) if capable of remedy, the breach is not remedied within 30 days of receipt of written notice by Deswik requiring the breach to be remedied; or (b) an Insolvency Event occurs in respect to Deswik.

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