Termination for Breach of Agreement. 8.1 Should either party be in breach of its covenants or undertakings under this Service Agreement, other than a failure by the First Nation to pay for Services, which remains un-rectified for a period of [acceptable period for rectification of breaches of the agreement] following written notification of such breach, the party not in breach may, at its option and without prejudice to any other rights or remedies it might have, immediately terminate this Service Agreement. 8.2 Whether or not the Services or any of them are discontinued or any disconnections are made, where invoices remain unpaid by the First Nation as at [Date] of the following year, the Municipality shall have the right, without prejudice to any other right or remedy, to call upon the Letter of Credit as outlined in section 4.6. If, at any time during the term of this Service Agreement invoices remain unpaid as at [Date] and the First Nation fails to have the Letter of Credit in place, the Municipality may give immediate notice of termination of this Service Agreement. 8.3 If this Service Agreement is terminated or otherwise cancelled for any reason, a prorated portion of any advance payments made by the First Nation will be refunded.
Appears in 2 contracts
Samples: Solid Waste Service Agreement, Solid Waste Service Agreement
Termination for Breach of Agreement. 8.1 Should either party be in breach of its covenants or undertakings under this Service Agreement, other than a failure by the First Nation to pay for Services, which remains un-rectified for a period of [acceptable period for rectification of breaches of the agreement] following written notification of such breach, the party not in breach may, at its option and without prejudice to any other rights or remedies it might have, immediately terminate this Service Agreement.
8.2 Whether or not the Services or any of them are discontinued or any disconnections are made, where invoices remain unpaid by the First Nation as at [Date] of the following year, the Municipality shall have the right, without prejudice to any other right or remedy, to call upon the Letter of Credit as outlined in section Section 4.6. If, at any time during the term of this Service Agreement invoices remain unpaid as at [Date] and the First Nation fails to have the Letter of Credit in place, the Municipality may give immediate notice of termination of this Service AgreementAgreement without prejudice to any other rights or remedies the Municipality may have, including the right to seek recovery of any outstanding debt owing to it by the First Nation.
8.3 If this Service Agreement is terminated or otherwise cancelled for any reason, a prorated portion of any advance payments made by the First Nation will be refundedrefunded once all amounts owing to the Municipality have been fully paid.
Appears in 2 contracts
Samples: Animal Control Service Agreement, Animal Control Service Agreement
Termination for Breach of Agreement. 8.1 Should either party be in breach of its covenants or undertakings under this Service Agreement, other than a failure by the First Nation to pay for Recreation Services, which remains un-rectified for a period of [acceptable Acceptable period for rectification of breaches of the agreement] following written notification of such breach, the party not in breach may, at its option and without prejudice to any other rights or remedies it might have, immediately terminate this Service Agreement.
8.2 Whether or not the Recreation Services or any of them are discontinued or any disconnections are made, where invoices remain unpaid by the First Nation as at [Date] of the following year, the Municipality shall have the right, without prejudice to any other right or remedy, to call upon the Letter of Credit as outlined in section Section 4.6. If, at any time during the term of this Service Agreement invoices remain unpaid as at [Date] and the First Nation fails to have the Letter of Credit in place, the Municipality may give immediate notice of termination of this Service AgreementAgreement without prejudice to any other rights or remedies the Municipality may have, including the right to seek recovery of any outstanding debt owing to it by the First Nation.
8.3 If this Service Agreement is terminated or otherwise cancelled for any reason, a prorated portion of any advance payments made by the First Nation will be refundedrefunded once all amounts owing to the Municipality have been fully paid.
Appears in 2 contracts
Samples: Recreation Service Agreement, Recreation Service Agreement
Termination for Breach of Agreement. 8.1 Should either party be in breach of its covenants or undertakings under this Service Agreement, other than a failure by the First Nation to pay for Transit Services, which remains un-rectified for a period of [acceptable period for rectification of breaches of the agreement] following written notification of such breach, the party not in breach may, at its option and without prejudice to any other rights or remedies it might have, immediately terminate this Service Agreement.
8.2 Whether or not the Transit Services or any of them are discontinued or any disconnections are made, where invoices remain unpaid by the First Nation as at [Date] of the following year, the Municipality shall have the right, without prejudice to any other right or remedy, to call upon the Letter of Credit as outlined in section Section 4.6. If, at any time during the term of this Service Agreement invoices remain unpaid as at [Date] and the First Nation fails to have the Letter of Credit in place, the Municipality may give immediate notice of termination of this Service Agreement.
8.3 If this Service Agreement is terminated or otherwise cancelled for any reason, a prorated portion of any advance payments made by the First Nation will be refundedrefunded once all amounts owing have been fully paid.
Appears in 1 contract
Samples: Transit Service Agreement