Termination Due to Default. The Corporation may, without prejudice to any other rights it may possess under the Contract or law, at its option, terminate all or any part of the Work/ Work Order or the Contract forthwith by written notice to the Contractor, where: -
(a) the Contractor has breached any of its obligations under the Contract, provided that, where remediable, the Corporation has notified the Contractor of such breach in writing and the Contractor has, upon receipt of such notice, failed to immediately commence and thereafter continuously proceed to remedy such breach to the Corporation’s reasonable satisfaction; or
(b) the Contractor is not ready to commence the Work at the Site by the Commencement Date; or
(c) If the contractor has, without reasonable cause, suspended the progress of the work or has failed to proceed with the work with due diligence and continues to do so after a notice in writing of seven days from the Officer in Charge;
(d) If the contractor shall offer or give or agree to give to any person in Corporation service or to any other person on his behalf any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any act in relation to the obtaining or execution of this or any other contract for Corporation;
(e) If the contractor had secured the contract with Corporation as a result of wrong tendering or other non-bonafide methods of competitive tendering or commits breach of Integrity Agreement.
(f) the Contractor has failed to complete the Work by the Completion Date stipulated in work order or extended date of completion; or
(g) as provided in Clause 23 (Insolvency), one or more of the circumstances in that Clause apply.
(h) Fails to submit Insurance Certificate(s), Performance Bank Guarantee(s);
(i) Refuses or is unable to provide sufficient materials, services or labour (adequate resources) to execute and complete the Facilities in the manner specified in the Work Plan, at rates of progress that give reasonable assurance to the Corporation that the Contractor can attain completion of the Facilities/ Works by the Time for Completion;
(j) Refuses or is unable to rectify, reconstruct or replace any defects in services delivered or work completed/in progress or that the Service/work is being performed in an inefficient or otherwise improper or un-xxxxxxx like manner to the satisfaction of the corporation. If termination occurs pursuant to this Clause 24.3 (Termination due to Default),...
Termination Due to Default. If and whenever:
(a) the Licensee is in default in the payment of the Licence Fee or any sum payable under this Agreement forty-eight (48) hours after the receipt of written notice of such default from the District;
(b) the Licensee fails to observe or perform all other covenants, agreements, stipulations, obligations, conditions or other provisions of this Agreement applicable
(c) the Licensee vacates or abandons the Licence Area for more than forty-eight (48) consecutive hours and notice of such abandonment is given by the District, as evidenced by the removal of the Licensee’s equipment;
(d) any of the goods or chattels of the Licensee shall be at any time seized in execution or attachment by any creditor of the Licensee;
(e) a receiver or receiver-manager is appointed in respect of any property of the Licensee;
(f) the Licensee should make any assignment for the benefit of creditors or shall make any bulk sale;
(g) if the Licensee should become bankrupt or insolvent or take the benefit of any Act now or hereafter in force for bankrupt or insolvent debtors, or if the Licensee receives from any of its secured creditors a notice under the Bankruptcy and Insolvency Act (Canada) advising the Licensee that the secured creditor intends to realize upon security located on the Licence Area; or
(h) any order should be made for the winding up of the Licensee or other termination of the corporate existence of the Licensee;
Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non-performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party.
Termination Due to Default. If either party defaults under this Site Lease or the Facilities Lease, and the default is not cured by the end of any applicable cure period, the non-defaulting party may terminate this Site Lease and the Facilities Lease upon ten (10) days’ written notice to the defaulting party. Upon any such termination, (a) title to the Site and any improvements built upon the Site shall vest in the District upon the date of termination, and (b) the parties shall be entitled to receive compensation and exercise the remedies set forth in the Facilities Lease and/or (c) the non- defaulting party may pursue legal action for the damages caused by the breach.
Termination Due to Default. The Corporation may, without prejudice to any other rights it may possess under the Contract or law, at its option, terminate all or any part of the Work/ Work Order or the Contract forthwith by written notice to the Contractor, where: -
(a) the Contractor has breached any of its obligations under the Contract, provided that, where remediable, the Corporation has notified the Contractor of such breach in writing and the Contractor has, upon receipt of such notice, failed to immediately commence and thereafter continuously proceed to remedy such breach to the Corporation’s reasonable satisfaction; or
(b) the Contractor is not ready to commence the Work at the Site by the Commencement Date; or
(c) If the contractor has, without reasonable cause, suspended the progress of the work or has failed to proceed with the work with due diligence and continues to do so after a notice in writing of seven days from the Officer in Charge;
(d) If the contractor shall offer or give or agree to give to any person in Corporation service or to any other person on his behalf any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any act in relation to the obtaining or execution of this or any other contract for Corporation;
(e) If the contractor had secured the contract with Corporation as a result of wrong tendering or other non-bonafide methods of competitive tendering or commits breach of Integrity Agreement.
Termination Due to Default. If and whenever
(a) the Tenant fails to pay any rent or other amount owing under this Lease when due, whether or not demanded by the Landlord;
(b) the Tenant fails to observe or perform any of its obligations under this Lease and the Tenant has not, within seven days after notice from the Landlord specifying the default, cured the default, or if the cure reasonably requires a longer period, the Tenant has not commenced to cure the default within the seven day period and thereafter does not diligently pursue the cure of such default;
(c) re-entry is permitted under other terms of this Lease;
(d) without the consent of the Landlord, the Premises are vacant or the Tenant fails to operate its business within the Premises for 10 days or more;
(e) the Term or any of the goods or chattels of the Tenant on the Premises are seized by a creditor or the Tenant receives a notice from a creditor that the creditor intends to realize on security located on the Premises;
(f) a receiver is appointed to control the conduct of the business of the Tenant on or from the Premises;
(g) the Tenant becomes bankrupt or insolvent or takes the benefit of any legislation in force for bankrupt or insolvent debtors;
(h) proceedings are instituted for the winding-up or termination of the corporate existence of the Tenant;
(i) without the consent of the Landlord, the Tenant abandons or attempts to abandon the Premises or disposes of the bulk of its goods and chattels on the Premises
(j) or taken in execution or attachment by any creditor of the Tenant or under xxxx of sale or chattel mortgage;
(k) a writ of execution issues against the goods and chattels of the Tenant;
(l) the Tenant makes any assignment for the benefit of creditors or becomes insolvent or bankrupt;
(m) the Tenant permits a builders lien to arise in respect of the Premises and to remain registered against title to the Premises for more than 60 days; then the Landlord may re-enter and take possession of the Premises as though the Tenant or other occupant was holding over after the expiration of the Term and this Leas may, at the Landlord’s option, be immediately terminated by notice left at the Premises.
Termination Due to Default. If and whenever:
Termination Due to Default. In the event that either Party is in default of its obligations under this Agreement and fails to remedy such default within sixty (60) days after receipt of written notice thereof regarding a default not solely in the payment of money due hereunder, or thirty (30) days after receipt of written notice thereof regarding a default solely in the payment of money due hereunder or, in either case, to the extent such default cannot be remedied within such thirty (30) or sixty (60) day period, shall fail to have commenced good faith efforts to remedy such breach within such sixty (60) or thirty (30) day period and continue thereafter to remedy such breach, the Party not in default shall have the option of terminating this Agreement by giving written notice of termination to the defaulting Party. In the event that UWMRF is the defaulting Party and Company shall retain the License Agreement, Company shall be eligible for liquidated damages in an amount to be determined by mediation
Termination Due to Default. Either Party may terminate this Agreement by written notice to the other Party if the other Party is in material default of this Agreement and has failed to cure such default within thirty (30) days after receipt of written notice of such default, or other extended period as agreed to by the Parties.
Termination Due to Default. (a) If either party fails or neglects to perform covenants or provisions of this AGREEMENT (other than pursuant to Paragraph 3.06) and if such default is (a) for failure to pay undisputed amounts due hereunder and such default is not cured within ten (10) business days, or (b) for any default other than non-payment and such default is not corrected within sixty (60) days after receiving written notice from the other party with respect to such default, such other party shall have the right to terminate rights to PRODUCT of the defaulting party under this AGREEMENT by giving written notice to the party in default provided the notice of termination is given within six (6) months of the default and prior to correction of the default.
(b) In the event that a party's ("Terminating Party") rights to the DEVELOPMENT and/or commercialization of PRODUCT in the TERRITORY are terminated at any time under this AGREEMENT in accordance with Paragraph 12.04, then all rights to PRODUCT granted to the Terminating Party in the TERRITORY shall terminate and revert to the other party ("Surviving Party"), the JDC, the Development Coordinators and/or the JMC shall terminate and the Surviving Party shall have sole responsibility for DEVELOPMENT and commercialization in the TERRITORY, the licenses to the Terminating Party under SB PATENTS and SB KNOW-HOW or PDL PATENTS and PDL KNOW-HOW, as the case may be, shall terminate in the TERRITORY, and the Terminating Party shall promptly transfer all clinical, preclinical and other relevant data and information related to PRODUCT in the TERRITORY in its possession (including the assignment of any filings with REGULATORY AUTHORITIES held by the Terminating Party) to the Surviving Party at no cost to the Surviving Party, and the Surviving Party shall immediately have an exclusive license to make, have made, import, use and sell PRODUCT in the TERRITORY under all relevant SB PATENTS, SB KNOW-HOW or PDL PATENTS and PDL KNOW-HOW, as the case may be. In either case, the Surviving Party shall use commercially reasonable efforts and diligence, consistent with the effort that is used by the Surviving Party in the development, testing, manufacture, registration, marketing and sale of pharmaceutical products at a similar stage of development, having a comparable level of market potential, and being subject to a comparable regulatory review, to develop and commercialize PRODUCT in the TERRITORY and any subsequent sales of PRODUCT by the Surviving Par...
