TERMINATION OF ORDER. Purchasing Entities, except for authorized non-profit entities, are prohibited by law from making commitments beyond the term of the current Purchasing Entity’s Fiscal Year. Payment to Contractor beyond the current Purchasing Entity’s Fiscal Year is contingent on the appropriation and continuing availability of Contract Funds in any subsequent year (See Colorado Special Provision). If federal funds, non-State funds or funds from any other source constitute all or some of the Contract Funds, the Purchasing Entity’s obligation to pay Contractor shall be contingent upon such funding continuing to be made available for payment. Orders under this Participating Addendum shall be made only from Contract Funds, and the Purchasing Entity’s liability for such payments shall be limited to the amount remaining of such Contract Funds. If State, federal or other Purchasing Entity funds are not appropriated, or otherwise become unavailable to fund an Order under this Participating Addendum, the Purchasing Entity may, upon written notice, terminate the Order, in whole or in part, without incurring further liability. The Purchasing Entity shall, however, remain obligated to pay for Services and Goods that are delivered and accepted prior to the effective date of notice of termination of Order. A State Purchasing Entity Order termination shall otherwise be treated as if the Order was terminated in the public interest as described in §3. E. of this Exhibit A. The Purchasing Entity may effect such termination by giving Contractor a written notice of termination, to the Contractor’s primary contact in accordance with §5 of the Participating Addendum, and by paying to Contractor any amounts which are due and have not been paid through the last day of the Fiscal Year for which appropriated funds are available. The Purchasing Entity shall endeavor to give notice of such termination not less than 30 days prior to the day of non-availability of funds, and shall notify Contractor of any anticipated termination.
TERMINATION OF ORDER. 12.1 Notwithstanding the date of signature hereof, the commencement date of this Order is TBA and will expire on TBA, unless: • this Order is terminated by either Party in accordance with the provisions incorporated herein or in any schedules or annexures appended hereto, or otherwise in accordance with law or equity; or • this Order is extended at Transnet’s option for a further period to be agreed by the Parties; or • the allocated maximum contract value is depleted before the contract expiry date.
12.2 Transnet may cancel this Order in whole or in part at any time upon at least 30 [thirty] days’ written notice to the Supplier/Service Provider, or when there is a change in control of the Supplier/Service Provider or the Supplier/Service Provider commits any serious breach or any repeated or continued material breach of its obligations under these Terms and/or Order or shall have been guilty of conduct tending to bring itself into disrepute, on written notice to the Supplier/Service Provider when such work on the Order shall stop.
12.3 Transnet shall pay the Supplier/Service Provider a fair and reasonable price for justified work in progress, where such price reflects only those costs not otherwise recoverable by the Supplier/Service Provider, at the time of termination, and the Supplier/Service Provider shall give Transnet full assistance to check the extent of such work in progress. Payment of such price shall be in full and final satisfaction of any claims arising out of such termination and upon such payment the Supplier/Service Provider shall deliver to Transnet all work, including any materials, completed or in progress. The sum payable to the Supplier/Service Provider under this clause will not in any event exceed the total amount that would have been payable to the Supplier/Service Provider had the Order not been terminated.
12.4 In the event of termination the Supplier/Service Provider must submit all claims within 2 [two] months of termination after which time claims will only be met in what Transnet considers exceptional circumstances.
12.5 If the Goods/services are not provided in accordance with an Order, the Order shall be deemed terminated and the Supplier/Service Provider shall compensate Transnet for any costs incurred in obtaining substitute Goods/services or any damage caused due to the failure or delay in the delivery.
12.6 Both parties to this agreement reserve the right to terminate this agreement:
13.6.1. If the other commits a mate...
TERMINATION OF ORDER. 8.1 Notwithstanding the date of signature hereof, the commencement date of this Order is
TERMINATION OF ORDER. In addition to any other rights of termination which the Purchaser may have under the Order or otherwise at law, the Purchaser may, subject to any provisions in the Order establishing mandatory cure periods for defaults by the Contractor, terminate the Order by giving written notice of such termination to the Contractor, upon any failure of the Contractor to comply with this Schedule in a material respect.
TERMINATION OF ORDER. 12.2.1. VT ES reserves the right to terminate the Order at any time either wholly or partly by a written notice to the Supplier, with a 30-day notice period, without a reason or defect arising on the Supplier’ side (termination for convenience). In addition:
(a) in the case of a breach of any of the Supplier’s obligations undertaken in these General Terms and Conditions of Purchase and the Order, if it fails to remedy such breach of contract within the reasonable deadline provided by VT ES; and
(b) if a deadline is missed, without setting a grace period, based on VT ES’ own discretion; and
(c) if any of the events mentioned in clause 13 occurs, also without setting a deadline/grace period VT ES shall have the right to immediate termination without liability.
12.2.2. In the case of termination, the Supplier shall immediately – or after the notice period passes – end all performance to which it is subject based on the Order, it shall notify its suppliers or subcontractors to end their performance and request instructions in respect of fulfillment of Orders that are pending.
12.2.3. In the event of termination for convenience VT ES shall be required to pay to Supplier:
(a) the part of the purchase price stipulated in the Order that is in accordance with the requirements of the Order, has been delivered/performed to or for VT ES and which is exclusively in respect of finished Products and fully performed Services,
(b) in respect of finished Products that are in accordance with the requirements of the Order, but have not been delivered yet to VT ES, the difference between the purchase price stipulated in the Order and the lower sales price for which Supplier sold such Products to a third party.
(c) The Supplier’s actual, direct and certified expenses that arose prior to the termination in respect of any unfinished Product/Service. Where the subject of the Order is a unique Product, unless otherwise agreed in writing, the Supplier is not entitled to purchase raw materials or otherwise commit itself in a quantity larger than required for performance of the Order and/or earlier than required. The Supplier’s exposure from this shall be at its own liability and expense.
12.2.4. Exercise of the right to termination defined in this clause 12.2 shall in no event have as a consequence that the obligations of VT ES arising from the Order exceed those that VT ES would have been subject to vis-a-vis the Supplier in the absence of the termination.
12.2.5. In the case of ter...
TERMINATION OF ORDER. Transnet may cancel an Order in whole or in part at any time upon at least 7 (seven) days’ written notice to the Supplier, or when there is a change in control of the Supplier or the Supplier commits any serious breach or any repeated or continued material breach of its obligations under these Terms and/or Order or shall have been guilty of conduct tending to bring itself into disrepute, on written notice to the Supplier when such work on the Order shall stop. Transnet shall pay the Supplier a fair and reasonable price for justified work in progress, where such price reflects only those costs not otherwise recoverable by the Supplier, at the time of termination, and the Supplier shall give Transnet full assistance to check the extent of such work in progress. Payment of such price shall be in full and final satisfaction of any claims arising out of such termination and upon such payment the Supplier shall deliver to Transnet all work, including any materials, completed or in progress. The sum payable to the Supplier under this clause will not in any event exceed the total amount that would have been payable to the Supplier had the Order not been terminated. In the event of termination the Supplier must submit all claims within 2 (two) months of termination after which time claims will only be met in what Transnet considers exceptional circumstances. If the Products are not provided in accordance with an Order, the Order shall be deemed terminated and the Supplier shall compensate Transnet for any costs incurred in obtaining substitute Products or any damage caused due to the failure or delay in the delivery.
TERMINATION OF ORDER. In the event COMPANY decides to terminate the contract with Contractor prior to completion of the project, COMPANY will pay Contractor for any work performed and expenses incurred prior to the date of termination. Name: Pxxx Xxxxxxxx Phone Number: 900-000-0000 Email: pxxxxxxxx@xxxxxxxxxx.xxx Name: Sxxxx Xxxxx Phone Number: 900-000-0000 Email: sxxxxx@xxxxxxxxxx.xxx
TERMINATION OF ORDER. Termination or expiration of an Order does not release Seller from its obligations except as specifically stated in a termination or logically required by a termination or cancellation.
TERMINATION OF ORDER. Any duly executed Order may be terminated by Cyber Advisors, Inc. immediately upon written notice in the event customer fails to perform any of its obligations under, or materially breaches the terms of, the Order or this Agreement. In such event, Cyber Advisors, Inc. shall have the right to terminate this Agreement and all other Orders forthwith.
TERMINATION OF ORDER. Either Party may terminate any or all unperformed Orders: By giving written notice if the other Party materially breaches this Order and fails to remedy the breach within ninety (90) calendar days after the non-breaching Party delivers written notice that specifies the grounds for the material breach, except for Xxxxx's failure to make payment for delivery when, after Without notice if either Party files a petition in bankruptcy for liquidation or reorganization, makes an assignment for the benefit of creditors, consents to the appointment of a receiver, trustee or other custodian for all or a substantial part of its property, is adjudicated bankrupt, fails to cause to be vacated, set aside or stayed within thirty (30) calendar days any court order appointing a receiver, trustee or other custodian for all or a substantial part of its property or ordering relief against it in any involuntary case of bankruptcy or admits in writing its inability to pay its debts as they mature.
