Termination for Non-Compliance. A. In the event Contractor fails to keep in effect at all times the specified insurance coverage, this failure shall be deemed a material breach of the Agreement and the DSH may, in addition to any other remedies it may have, terminate this Agreement with cause upon the occurrence of such event.
Termination for Non-Compliance. In the event this Agreement is terminated for Licensee’s failure to comply with the terms herein, Licensee shall immediately cease all use of the Marks, the Names and the Websites and return or destroy all undistributed written materials bearing the Marks or the Names. Licensee agrees that it will not thereafter use any of the Marks or the Names or any other xxxx or trade name confusingly similar to any of the Marks or to the Names.
Termination for Non-Compliance. This Agreement may be terminated for cause by either Party if the other Party materially breaches this Agreement and does not cure such breach within 45 days after receipt of notice from the non-defaulting Party specifying the nature of the breach.
Termination for Non-Compliance. Each Party understands and acknowledges that, notwithstanding any provision contained herein,
(i) a knowing intentional violation of this Section 2.7 by any either Party shall be deemed a material breach of this Agreement and will entitle the other Party to (i) terminate this Agreement immediately for cause, and (ii) be indemnified for and held harmless against any and all damages, fines, penalties, disgorgements, settlements, determinations, or claims faced by or imposed on the non-breaching Party or any of its representatives to the extent attributable to the material breach of this Section by the breaching Party or any of its respective directors, officers, employees, consultants, agents, Sublicensees, subcontractors, distributors, Subdistributors or other representatives’ and
(ii) a non-intentional violation of this Section 2.7 by either Party shall be deemed a non-material breach of this Agreement. Such a breach may be cured by reporting as soon as practicable the basis of the breach to the regulatory agency responsible for the applicable export control laws. In addition each Party must thereafter cooperate with said agency during any investigation and with any subsequent fines or remediation imposed by said agency.
Termination for Non-Compliance. Subscriber’s failure to comply with any of the terms, conditions or requirements of this Agreement shall result in immediate termination of Subscriber’s right under this Agreement to access Public Use Information through NMLS B2B ACCESS℠ and shall result in Subscriber’s forfeiture of any fees paid.
Termination for Non-Compliance. A violation of the foregoing representations, warranties, covenants or certifications by either Party or their respective Representatives set forth in this Section 12.1 shall constitute a material breach of this Agreement. However, notwithstanding anything else in this Agreement to the contrary, once a senior officer of either Party receives notices of any violation of this Section 12.1, such Party may cure the breach by
(i) the Party will immediately cease the action that gives rise to the breach until the matter is resolved favorably;
(ii) investigate the activities and nature of the breach, and determine immediate and/or near term corrective action(s); and
(iii) assess the need for self-reporting, and if self-reporting is necessary, cooperate with the agency responsible for overseeing the breach during any investigation and with any subsequent fines or remediation imposed by said agency.
Termination for Non-Compliance. In case of a material breach of the provisions of the Code of the above requirements on healthcare compliance or of any Applicable Laws or the above provisions, Fresenius Kabi shall be entitled to terminate this Agreement for cause by written notice with immediate effect. Audit: Supplier shall fully cooperate with, and provide conclusive documentation to, Fresenius Kabi, any of its affiliated companies or any auditor acting on its behalf, in case Fresenius Kabi or such affiliated company or auditor initiates the conduct of a business partner review on the compliance by Supplier and its Representatives with the Code, the above requirements on healthcare compliance and any Applicable Laws, in particular with regard to the measures taken and implemented by Supplier to ensure such compliance. Xxxxxxxxx Xxxx shall give to Supplier reasonable advance notice of intended audits. In case of substantiated concerns of non-compliance with Applicable Laws, the Code, Fresenius Kabi may carry out audits without prior notice. Cartel damages: If it is proven that the Business Partner has entered into an agreement or engaged in a concerted practice with one or more other undertakings in connection with the contractually due performance which agreement or concerted practice constitutes a prohibited restriction of competition under antitrust law, it shall pay 10% of the amounts invoiced under this Agreement to Xxxxxxxxx Xxxx as liquidated damages (pauschalierter Schadensersatz), unless a different amount of damage is proven.4
Termination for Non-Compliance. In the event Grantee fails to always keep in effect the specified insurance coverage, this failure shall be deemed a material breach of the Agreement and CDA may, in addition to any other remedies it may have, terminate this Agreement with cause upon the occurrence of such event.
Termination for Non-Compliance. A violation of the foregoing representations, warranties, covenants or certifications by either Party or their respective Representatives set forth in this Section 12.1 shall constitute a material breach of this Agreement. However, notwithstanding anything else in this Agreement to the contrary, once a senior officer of either Party receives notices of any violation of this Section 12.1, such Party may cure the breach by
Termination for Non-Compliance. BRIA shall have the right to terminate this Agreement if it is determined at any time that AltaChem's financial statements are not, as of the Closing Date, in conformity with the requirements of Paragraph 7(e) herein.
