Termination of Agreement; Default Sample Clauses

Termination of Agreement; Default. A. This Agreement and all obligations hereunder may be terminated at any time, with or without cause, by the City upon five (5) days' written notice to Consultant. B. If Consultant fails to perform any of its obligations under this Agreement within the time and in the manner herein provided or otherwise violates any of the terms of this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice. In such event, Consultant shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an amount which bears the same ratio to the total fees specified in the Agreement as the services satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be performed for such total fee; provided, however, that the City shall deduct from such amount the amount of damages, if any, sustained by City by virtue of the breach of the Agreement by consultant. C. In the event this Agreement is terminated by City without cause, Consultant shall be entitled to any compensation owing to it hereunder up to the time of such termination, it being understood that any payments are full compensation for services rendered prior to the time of payment. D. Upon termination of this Agreement with or without cause, Consultant shall turn over to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by Consultant or its subcontractors, if any, or given to Consultant or its subcontractors, if any, in connection with this Agreement. Such materials shall become the permanent property of the City. Consultant, however, shall not be liable for the City's use of incomplete materials nor for the City's use of complete documents if used for other than the project contemplated by this Agreement.
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Termination of Agreement; Default. 4.17.1. If: (i) the Consultant fails to comply with any of the terms or conditions of this Agreement; or (ii) a proceeding in bankruptcy, receivership or insolvency is instituted by or against the Consultant or its property; or (iii) the Consultant makes an assignment for the benefit of creditors; or (iv) the Consultant fails to comply with applicable laws, by-laws, or statutory regulations in force from time to time; or (v) the Consultant ceases or threatens to cease to carry on its business; (vi) the G.N.W.T. shall provide written notice to the Consultant of the default and the Consultant shall have a period of thirty (30) days from the date of the notice to cure the default to the satisfaction of the G.N.W.T. in its unfettered discretion. If a default continues for more than thirty (30) days, the G.N.W.T. may terminate this Agreement by delivery of notice in writing to that effect to the Consultant. 4.17.2. The Consultant shall be liable to and upon demand therefore pay to the G.N.W.T. an amount equal to all loss and damage suffered by the G.N.W.T. by reason of non- completion of the Services by the Consultant. If the Consultant fails to pay for such loss or damage on demand, the G.N.W.T. shall be entitled to deduct the same from any payments due and payable to the Consultant. Termination under this sub-clause does not operate so as to relieve or discharge the Consultant from any obligation under this Agreement or imposed upon them by law in respect to the Services or any portion thereof that they have completed. 4.17.3. Such termination shall not limit in anyway the G.N.W.T.’s recourse to any remedies available to it at law, equity or otherwise.
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Termination of Agreement; Default. A. This Agreement and all obligations hereunder may be terminated at any time, without cause, by the City upon 60-days’ written notice to organization, or with cause, by the City upon 15 days’ written notice to organization. B. If organization fails to perform any of its obligations under this Agreement within the time and in the manner herein provided or otherwise violate any of the terms of this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice. In such event, organization shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an amount which bears the same ratio to the total fees specified in the Agreement as the services satisfactorily rendered hereunder by organization bear to the total services otherwise required to be performed for such total fee; provided, however, that the City shall deduct from such amount the amount of damages, if any, sustained by City by virtue of the breach of the Agreement by organization. X. Xx the event this Agreement is terminated by City without cause, organization shall be entitled to any compensation owing to it hereunder up to the time of such termination, it being understood that any payments are full compensation for services rendered prior to the time of payment. D. Upon termination of this Agreement with or without cause, organization shall turn over to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by organization or its subcontractors, if any, or given to organization or its subcontractors, if any, in connection with this Agreement. Such materials shall become the permanent property of the City. Organization, however, shall not be liable for the City's use of incomplete materials nor for the City's use of complete documents if used for other than the project contemplated by this Agreement.
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Termination of Agreement; Default. 16.1 If this Agreement shall terminate or be terminated (i) by mutual consent of Seller or Purchaser, (ii) pursuant to the express provisions of Sections 12.1 or 14.1, or (iii) because one or more conditions to Purchaser's obligation to close title as set forth in Article 11 (other than Section 11.1.4, which shall not entitle Purchaser to terminate this Agreement) shall fail to be fulfilled or waived by Purchaser, and such failure is not due to the default by Purchaser of its obligations hereunder, then upon such termination (A) at Seller's option, Purchaser shall assign and transfer to Seller all of Purchaser's right, title and interest in and to the In Rem Parcels(to the extent assignable and, if Purchaser shall theretofore have acquired title to the In Rem Parcels, Purchaser shall transfer same to Seller upon the same terms as Purchaser acquired the same and Seller shall pay Purchaser its actual, out-of-pocket cost to acquire same), and (B) Seller shall return to Purchaser the Deposit (together with interest thereon at the Interest Rate from the date the Deposit or each installment thereof is paid to Seller until the date so refunded to Purchaser). Except for the foregoing, and for those obligations hereunder that are specifically stated to survive termination hereof, following the termination of this Agreement neither party shall have any obligations of any nature to the other hereunder or by reason hereof. 16.2 suffer on account of a default by Purchaser and the failure of the Closing to occur, which damages Purchaser and Seller agree are incapable of an exact determination of amount: the removal of the Premises from the real estate market during the period of this Agreement and the loss of the possibility of obtaining a new purchaser during such time at a higher amount; the possibility of being unable to find a new purchaser for the amount of the Purchase Price after Purchaser's default; various restrictions related to the management and maintenance of the Premises during the period of this Agreement, including without limitation restrictions against entering into new Leases; and the inconvenience of relisting the Premises for lease and/or sale. PURCHASER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE DEPOSIT (INCLUDING, TO THE EXTENT PAID, THE FIRST ADDITIONAL DEPOSIT AND THE SECOND ADDITIONAL DEPOSIT) SHALL BE NON-REFUNDABLE AND SHALL BE RETAINED BY SELLER EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN SECTION 16.1 HEREOF. THE PROVISIONS OF THIS AGREEMENT ...
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Termination of Agreement; Default. 21 17. Expenses of the Transaction.................................................................... 23 18. Notices........................................................................................ 24
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Termination of Agreement; Default. If this Agreement is terminated solely due to Purchaser’s failure to perform or close the transaction hereunder, except as permitted pursuant to the terms and conditions hereof, then as Seller’s sole remedy and upon notice to Purchaser, Seller may declare this Agreement terminated, and Escrow Agent shall pay over to Seller the Xxxxxxx Money as liquidated damages, and thereupon the parties hereto shall be relieved of all obligations hereunder. If this Agreement is terminated due to Seller’s failure to perform or close the transaction hereunder, then Purchaser may xxx for specific performance only, but not for damages. The remedies set forth in this Section shall be the sole and exclusive remedies of the parties.
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Termination of Agreement; Default. This Agreement and all obligations hereunder may be terminated at any 254 time, with or without cause, by the City upon 5-days' written notice to Consultant.
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Termination of Agreement; Default 
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Related to Termination of Agreement; Default

  • Termination of Default An Event of Default shall be deemed to have been terminated upon the earliest to occur of: 13.7.1. The date the Representative and the Company enter into a settlement of all claims; or 13.7.2. If an Acceleration has not been authorized by the Holders, the date the Company has paid (i) to the Holders, all payments due through such date; and (ii) to the Representative, all the fees and expenses described in section 12.3.2(f); or 13.7.3. If an Acceleration has been authorized by the Holders, the date the Company has paid (i) to the Holders all payments due through such date; and (ii) to the Representative, all the expenses described in section 12.3.2(f); but only if a Majority agrees to annul the demand for Acceleration.

  • 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 of Agreement If this Agreement is terminated by the Representatives in accordance with the provisions of Section 5 or Section 9(a)(i) hereof, the Company shall reimburse the Underwriters for all of their out-of-pocket expenses, including the reasonable fees and disbursements of counsel for the Underwriters.

  • Default Termination a. In the event that the Property has been sold contrary to or any person bids in contravention of the provisions in Clause 4 above, then such sale shall be cancelled and become null and void and of no further effect wherein all monies paid by the Purchaser hitherto including the Deposit shall be forfeited absolutely and immediately. b. If the Purchaser defaults in complying with any of these Conditions of Sale or in payment of any sums payable, then the Assignee may (without prejudice to its rights for specific performance) treat such default as a repudiation of the contract and terminate the sale by giving the Purchaser written notice thereof, in which event all monies paid by the Purchaser hitherto including the Deposit shall be forfeited absolutely and immediately. c. In the event of the sale being set aside for any reason whatsoever by the Assignee or by an Order of Court (other than that due to any act of default and/or omission by the Purchaser), then such sale shall be cancelled and become null and void and of no further effect wherein only monies paid by the Purchaser towards the account of the purchase price shall be refunded to the Purchaser free of interest less costs and fees incurred by the Assignee in connection with or relating to the sale. The Purchaser shall not be entitled to an account thereof or any claim or demand whatsoever against the Assignee, the Assignee’s Solicitors, the Auctioneer or their respective servants or agents on the above. A certificate by an officer of the Assignee verifying such expenses and/or fees shall be final and conclusive and shall be binding on the Purchaser. Upon payment by the Assignee herein, the Purchaser shall have no other or further claims, or demands whatsoever in nature and howsoever caused against the Assignee, the Assignee’s Solicitors and the Auctioneer or their respective servants or agents. d. If in the meanwhile the Purchaser has entered into possession of the Property, then the Purchaser is liable at own costs to reinstate the Property and thereafter peaceably to yield up vacant possession of the Property to the Assignee within fourteen (14) days from the date of notification of such termination failing which the Purchaser shall pay the Assignee interest/compensation charges at the rate of 10% per annum on the total purchase price calculated on daily basis from the date of such notification to the date of actual delivery of vacant possession and the Assignee reserves its right to take all further necessary steps or actions to recover or resume possession of the Property at the Purchaser’s costs and expenses. In the event the sale is terminated for any reason whatsoever, the Assignee shall not be liable to the Purchaser for the cost of any improvements to the Property carried out by the Purchaser. The costs to reinstate the Property (if any damage is caused by the Purchaser in possession thereof) or expenses to recover possession of the Property from the Purchaser shall be deducted and set-off against the monies paid herein towards account of the purchase price and thereafter in the event there is any residue, the said residue shall be refunded to the Purchaser free of interest or if the monies paid are not sufficient to cover all such costs and expenses, the Purchaser shall then reimburse and pay the balance amount outstanding to the Assignee failing which the Assignee shall be entitled to take all further necessary steps or actions to recover the same. For this purpose a certificate duly signed by an officer of the Assignee verifying the amount of such costs and expenses shall be accepted by the Purchaser as correct and conclusive. It shall be deemed final and binding upon the Purchaser. e. Subject as aforesaid, the Purchaser shall not be entitled to nor have any or further reimbursements, claims, demands or legal recourses of action or remedies whatsoever in nature and howsoever caused against the Assignee, the Assignee’s Solicitors, the Auctioneer or their respective servants or agents or any other party on account thereof. f. The Purchaser or the Purchaser’s Solicitors shall return or cause to be returned the Assignment or the Memorandum of Transfer and other documents to the Assignee with the Assignee’s interest intact PROVIDED ALWAYS THAT if the Assignment or the Memorandum of Transfer has been adjudicated and stamped, the Purchaser or the Purchaser’s Solicitors shall surrender the same to the relevant authorities to obtain a refund of the stamp duty paid and for cancellation of the same. g. The Assignee shall be at liberty to put up the Property for sale again at a time, place and reserve price to be fixed by the Assignee at its sole discretion or to dispose of and/or otherwise deal with the Property in whatsoever manner the Assignee shall think fit without further reference to the Purchaser. The costs and expenses of in connection with and resulting from such resale together with any deficiency in the price resulting from the resale or the purchase price if there is no resale (as the case may be) shall be recoverable from the defaulting Purchaser. For this purpose a certificate duly signed by an officer of the Assignee verifying the amount of such costs and expenses shall be accepted by the Purchaser as correct and conclusive. It shall be deemed final and binding upon the Purchaser.

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