Termination by the Government a. The Government may, subject to the provisions of this paragraph, terminate this Agreement if any of the following events shall occur:
i. the Company shall fail to make any of the payments described in this Agreement on the payment date; or
ii. the Company shall contravene or fail to comply with any other condition of this Agreement; or
iii. the Company shall become insolvent or commit any act of bankruptcy or enter into any agreement or composition with its creditors or take advantage of any law for the benefit of debtors or go into liquidation, whether compulsory or voluntary, except for the purposes of reconstruction or amalgamation; or
iv. the Company knowingly submits any false statement to the Government in connection with this Agreement.
b. If and whenever the Government decides to terminate this Agreement pursuant to clauses (i) and (ii) of the preceding sub-paragraph, the Government shall give the Company notice specifying the particular contravention or failure and permit the Company to remedy the same within twenty-one days of such notice or such longer period as the Secretary may specify in such notice as reasonable in the circumstances.
c. If the Company shall fail to remedy an event specified in clauses (i) and (ii) of sub-paragraph (a) of this paragraph within the stated period, or an event specified in clauses (iii) and (iv) of the said sub-paragraph shall occur, the Government may by notice to the Company terminate this Agreement.
d. Upon termination of this Agreement by the Government every right of the Company hereunder shall cease (save as specifically otherwise provided hereunder) but subject nevertheless and without prejudice to any obligation or liability imposed or incurred under this Agreement or applicable law prior to the effective date of termination.
e. No delay or omission or course of dealing by the Government shall impair any of its rights hereunder or be construed to be a waiver of an event specified in sub-paragraph (a) of this paragraph or acquiescence therein.
Termination by the Government. 10.1.1 In the event Click or tap here to enter text. without reasonable cause —
(a) breaches any of its obligations or fails to comply with any other terms and conditions of this Agreement; persistently neglect to carry out its obligations under this Agreement; or defaults in performing its duties under this Agreement, then the Government shall give notice in writing to Click or tap here to enter text. specifying the breach or default and requiring Click or tap here to enter text. to remedy such breach or default within thirty (30) days from the date of the notice. If Click or tap here to enter text. fails to remedy the relevant breach or default within such period or such other period as may be determined by the Government, the Government shall have the right to terminate this Agreement by giving a notice in writing to Click or tap here to enter text. with effect from such date as may be specified in the notice and the date shall be not less than six (6) months from the date of the notice.
10.1.2 Notwithstanding clause 10.1, if at any time during this Agreement Period, if Click or tap here to enter text. ceases to be a liberalized PRP training facility listed under the second schedule of the Registration of Pharmacists Xxx 0000 or any other written law for the time being enforced, then the Government shall have the right to terminate this Agreement forthwith by giving Click or tap here to enter text. notice in writing to that effect
Termination by the Government. Without prejudice to other provisions in this Agreement and to any other rights, actions or remedies available to the Government, the Government may at any time by written notice terminate forthwith the participation of a Private Doctor in the CDCC Pilot Scheme without entitling the Private Doctor to any compensation therefor if:
Termination by the Government a. In the event the Supplier without reasonable cause:
i. Persistently neglects to carry out its obligations under this Agreement;
ii. Defaults in performing its duties under this Agreement; or
iii. Breaches any of its obligations or fails to comply with any other terms and conditions of this Agreement, then the Government shall give notice in writing to the Supplier specifying the default and requiring the Supplier to remedy such default within fourteen (14) days after date of the notice. If the Supplier fails to remedy the relevant default within such period or such other period as may be determined by the Government, the Government shall have the right to terminate this Agreement at any time thereafter by giving notice to that effect.
b. If at any time during the subsistence of this Agreement:
i. An order is made or a resolution is passed for the winding-up of the Supplier, except for the purpose of reconstruction or amalgamation not involving the realization of assets in which the interest of creditors are protected;
ii. The Supplier goes into liquidation or a receiver is appointed over the assets of the Supplier or the Supplier makes an assignment for the benefit of or enters into an arrangement or composition with its creditors stops payment or is unable to pay its debts;
iii. As execution is levied against a substantial portion of the Supplier’s assets, unless it has instituted proceedings in good faith to set aside such execution; or
iv. The Supply contract is terminated for any reasons (other than by virtue of the events referred to in [Clauses 11.2.b.i. and 11.2.b.ii.] below, then the Government shall have the right to terminate this Agreement forthwith by giving notice to that effect.
Termination by the Government. The Government shall have the right to terminate this Agreement (including the Akyem Mining Lease) only as provided herein and subject to the provisions of Section 24, if any of the following events (hereinafter called “Events of Default”) shall occur and continue:
(a) Golden Ridge fails in a material way to comply with its obligations under this Agreement and the failure has a materially adverse effect on the Government;
Termination by the Government. (a) In the event the Entity without reasonable cause –
(i) suspends the Project and fails to proceed regularly and diligently with the performance of its obligations under this Agreement;
(ii) fails to execute the Project in accordance with this Agreement or persistently neglects to carry out its obligations under this Agreement;
(iii) defaults in performing the duties attributed to it under this Agreement; or
(iv) breaches any of its obligations or fail to comply with any other terms and conditions of this Agreement, then, the Government shall give notice in writing to the Entity specifying the default and requiring the Entity to remedy such default within thirty (30) days after the date of the notice. If the Entity fails to remedy the relevant default within such period or such other period as may be determined by the Government, the Government shall have the right to terminate this Agreement at any time thereafter by giving notice to that effect.
(b) If at any time during the subsistence of this Agreement
(i) an order is made or a resolution is passed for the winding-up of the Entity, except for the purpose of reconstruction or amalgamation not involving the realization of assets in which the interest of creditors are protected;
(ii) the Entity goes into liquidation or a receiver is appointed over the assets of the Entity or the Entity makes an assignment for the benefit of or enters into an arrangement or composition with its creditors or stops payment or is unable to pay its debts; or
(iii) execution is levied against a substantial portion of the Entity‟s assets, unless it has instituted proceedings in good faith to set aside such execution, then the Government shall have the right to terminate this Agreement forthwith by giving notice to that effect.
(c) Upon termination of this Agreement under Clause 14.1(a) or 14.1(b):
(i) the powers and rights granted by and the obligations in this Agreement shall terminate immediately;
(ii) the Entity shall –
(aa) forthwith cease the Project; and
(bb) prepare a statement of expenditure incurred and a report in a form satisfactory to the Government in connection of the Project including the present stage of its progress; and
Termination by the Government a. The Government may terminate this Agreement if any of the following events occur:
i. the Company fails to make any payments as required under this Agreement or under any laws including Act 703 and L.I. 2176 by the due date;
ii. the company’s actual expenditure on the prospecting operations is not in accordance with the stipulated expenditure in the Work Programme;
iii. the Company is insolvent or bankrupt or enters into any agreement or scheme of composition with its creditors or takes advantage of any law for the benefit of debtors or goes into liquidation, whether compulsory or voluntary, except for the purposes of reconstruction or amalgamation;
iv. the Company knowingly submits any false statement or gives false information to the Government in connection with this Agreement;
v. the Company fails to conduct the prospecting operations according to the Work Programme;
vi. the Company fails to submit reports on the prospecting operations for more than 90 days after the reports are due;
vii. the Company contravenes or fails to comply with any other condition of this Agreement.
b. The procedure provided in regulations 168 to 170 of LI 2176 shall be applicable following any of the above events of breach.
c. Upon termination of this Agreement by the Government, every right of the Company under this Agreement shall cease (save as specifically otherwise provided in this Agreement) but subject nevertheless and without prejudice to any obligation or liability imposed or incurred under this Agreement or applicable law prior to the effective date of termination.
d. No delay or omission or course of dealing by the Government shall impair any of its rights under this Agreement or be construed to be a waiver of an event specified in paragraph (a) of this clause or an acquiescence therein.
Termination by the Government. The Government may terminate this Agreement, without prejudice to any other rights that the Government may have, if any of the following events occur:
(a) Subject to the Force Majeure Section of this Agreement, the Date of Commencement of Commercial Production does not occur on or before the end of the thirty- sixth (36) month following the Effective Date;
(b) The Company commits a material breach of, or does not comply with or observe, a fundamental provision of this Agreement, and then fails or neglects to remedy that breach or comply with or observe that provision within sixty (60) Days (or a longer period as is reasonable in the circumstances) after the Government gives a Notice requiring that the breach be remedied or the provision be complied with or observed;
(c) The Company dissolves, liquidates, becomes insolvent, commits an act of bankruptcy, makes an assignment for the benefit of creditors, petitions or applies to any tribunal for the appointment of a trustee or receiver for itself, or commences any proceedings concerning itself under a law concerning bankruptcy, or insolvency other than for the purposes of corporate reorganisation; or
(d) Parent Company dissolves or liquidates (other than for the purposes of corporate reorganisation) or becomes unable to perform its obligations under this agreement and does not provide a financially responsible third party to accept those obligations with the consent of the Government, which consent must not be unreasonably withheld.
Termination by the Government. Upon the occurrence of any of the following events the Government may, after consultation with FAO and the Association or the Bank, as the case may be, terminate this Agreement, by not less than thirty (30) days’ written notice of termination to FAO: If, as the result of force majeure, FAO is unable to perform a material portion of the Technical Assistance for a period of not less than sixty (60) business days; If FAO is in material breach of any of its material obligations under this Agreement and has not remedied the same within sixty (60) days (or such longer period as the Government may have subsequently agreed to in writing) following the receipt by FAO of the Government’s notice specifying such breach; or If the Government, in the public interest, decides to terminate implementation of this Agreement.
Termination by the Government. If there is an event of default pursuant to the Privatisation Agreement by RJSB after the completion of Project 1 or during the construction of Project 2, the Government shall be entitled to give a notice in writing to RJSB specifying the relevant default and requiring RJSB to remedy such default. If RJSB fails to remedy the relevant default within the remedy period as specified in the notice or such other period as may be determined by the Government, the Government shall be entitled to terminate the Privatisation Agreement with immediate effect by giving notice to RJSB. Upon termination of the Privatisation Agreement by the Government, the consequences of such termination shall include, amongst others, the following:-
(a) the Government shall:-
(i) be entitled to call on the Performance Bond for Project 2 (if any);
(ii) be entitled to call on the Maintenance Bond(s) and Design Guarantee Bond(s) for Project 1;
(iii) be entitled to call on the Land Bond if the Exchange Lands has been registered in the name of RJSB and/ or its nominee(s); and
(b) RJSB shall be entitled to deal with the Exchange Lands. The Parties agree that RJSB shall not be entitled to any compensation or any other form of losses including loss of profit, damages, claims or whatsoever upon the termination of the Privatisation Agreement. For the avoidance of doubt, except for Sections 2.10(a) and 2.10(b) of this Announcement, the other clauses in respect of the consequences of termination by the Government as set out in the Privatisation Agreement has not been varied under the Second Supplemental Agreement and will remain in effect.
