Common use of TERMINATION OF ORDER Clause in Contracts

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 material breach of this contracts and fails to remedy such breach within a stipulated time frame or within a reasonable time; 13.6.2. There is non-performance from either of the parties; or 13.6.3. If the other party is unable to perform its obligations under this agreement.

Appears in 4 contracts

Samples: Standard Terms and Conditions of Contract, Standard Terms and Conditions of Contract, Supply Agreement

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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: after Award of business. • 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 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/Service Provider Supplier shall deliver to Transnet all work, including any materials, completed or in progress. The sum payable to the Supplier/Service Provider Supplier under this clause will not in any event exceed the total amount that would have been payable to the Supplier/Service Provider Supplier had the Order not been terminated. 12.4 In the event of termination the Supplier/Service Provider 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. 12.5 If the Goods/services Goods are not provided in accordance with an Order, the Order shall be deemed terminated and the Supplier/Service Provider Supplier shall compensate Transnet for any costs incurred in obtaining substitute Goods/services Goods 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 material breach of this contracts and fails to remedy such breach within a stipulated time frame or within a reasonable time; 13.6.2. There is non-performance from either of the parties; or 13.6.3. If the other party is unable to perform its obligations under this agreement.

Appears in 2 contracts

Samples: Standard Terms and Conditions of Contract, Supply and Delivery Agreement

TERMINATION OF ORDER. 12.1 11.1 Notwithstanding the date of signature hereof, the commencement date of this Order is TBA TBC and will expire on TBATBC, 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 11.2 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 Supplier or the Supplier/Service Provider 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/Service Provider Supplier when such work on the Order shall stop. 12.3 11.3 Transnet shall pay the Supplier/Service Provider Supplier 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 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/Service Provider Supplier shall deliver to Transnet all work, including any materials, completed or in progress. The sum payable to the Supplier/Service Provider Supplier under this clause will not in any event exceed the total amount that would have been payable to the Supplier/Service Provider Supplier had the Order not been terminated. 12.4 11.4 In the event of termination the Supplier/Service Provider 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. 12.5 11.5 If the Goods/services s are not provided in accordance with an Order, the Order shall be deemed terminated and the Supplier/Service Provider Supplier shall compensate Transnet for any costs incurred in obtaining substitute Goods/services s or any damage caused due to the failure or delay in the delivery. 12.6 11.6 Both parties to this agreement reserve the right to terminate this agreement: 13.6.18.6.1. If the other commits a material breach of this contracts and fails to remedy such breach within a stipulated time frame or within a reasonable time; 13.6.28.6.2. There is non-performance from either of the parties; or 13.6.38.6.3. If the other party is unable to perform its obligations under this agreement.

Appears in 2 contracts

Samples: Supply and Delivery Agreement, Supply and Delivery Agreement

TERMINATION OF ORDER. 12.1 10.1 Notwithstanding the date of signature hereof, the commencement date of this Order is TBA TBC and will expire on TBA, TBC 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 10.2 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 Supplier or the Supplier/Service Provider 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/Service Provider Supplier when such work on the Order shall stop. 12.3 10.3 Transnet shall pay the Supplier/Service Provider Supplier 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 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/Service Provider Supplier shall deliver to Transnet all work, including any materials, completed or in progress. The sum payable to the Supplier/Service Provider Supplier under this clause will not in any event exceed the total amount that would have been payable to the Supplier/Service Provider Supplier had the Order not been terminated. 12.4 10.4 In the event of termination the Supplier/Service Provider 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. 12.5 10.5 If the Goods/services Goods are not provided in accordance with an Order, the Order shall be deemed terminated and the Supplier/Service Provider Supplier shall compensate Transnet for any costs incurred in obtaining substitute Goods/services Goods or any damage caused due to the failure or delay in the delivery. 12.6 10.6 Both parties to this agreement reserve the right to terminate this agreement: 13.6.1. If the other commits a material breach of this contracts and fails to remedy such breach within a stipulated time frame or within a reasonable time; 13.6.2. There is non-performance from either of the parties; or 13.6.3. If the other party is unable to perform its obligations under this agreement.

Appears in 2 contracts

Samples: Supply Agreement, Supply Agreement

TERMINATION OF ORDER. 12.1 8.1 Notwithstanding the date of signature hereof, the commencement date of this Order is TBA TBC and will expire on TBATBC, 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 8.2 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 8.3 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 8.4 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 8.5 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 8.6 Both parties to this agreement reserve the right to terminate this agreement: 13.6.112.6.1. If the other commits a material breach of this contracts and fails to remedy such breach within a stipulated time frame or within a reasonable time; 13.6.212.6.2. There is non-performance from either of the parties; or 13.6.312.6.3. If the other party is unable to perform its obligations under this agreement.

Appears in 2 contracts

Samples: Standard Terms and Conditions of Contract, Service Agreement

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: after Award of business. • 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 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/Service Provider Supplier shall deliver to Transnet all work, including any materials, completed or in progress. The sum payable to the Supplier/Service Provider Supplier under this clause will not in any event exceed the total amount that would have been payable to the Supplier/Service Provider Supplier had the Order not been terminated. 12.4 In the event of termination the Supplier/Service Provider 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. 12.5 If the Goods/services Goods are not provided in accordance with an Order, the Order shall be deemed terminated and the Supplier/Service Provider Supplier shall compensate Transnet for any costs incurred in obtaining substitute Goods/services Goods 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 material breach of this contracts and fails to remedy such breach within a stipulated time frame or within a reasonable time; 13.6.2. There is non-performance from either of the parties; or 13.6.3. If the other party is unable to perform its obligations under this agreement.

Appears in 1 contract

Samples: Supply and Delivery Agreement

TERMINATION OF ORDER. 12.1 11.1 Notwithstanding the date of signature hereof, the commencement date of this Order is TBA 06.02.24 and will expire on TBA05.08.24, 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 11.2 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 11.3 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 11.4 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 11.5 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 11.6 Both parties to this agreement reserve the right to terminate this agreement: 13.6.1. If the other commits a material breach of this contracts and fails to remedy such breach within a stipulated time frame or within a reasonable time; 13.6.2. There is non-performance from either of the parties; or 13.6.3. If the other party is unable to perform its obligations under this agreement.

Appears in 1 contract

Samples: Transportation and Cargo Handling Services Agreement

TERMINATION OF ORDER. 12.1 Notwithstanding the date of signature hereof, the commencement date of this Order is TBA TBC and will expire on TBATBC, 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: 13.6.112.6.1. If the other commits a material breach of this contracts and fails to remedy such breach within a stipulated time frame or within a reasonable time; 13.6.212.6.2. There is non-performance from either of the parties; or 13.6.312.6.3. If the other party is unable to perform its obligations under this agreement.

Appears in 1 contract

Samples: Supply Agreement

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 8.1 Transnet may cancel this an Order in whole or in part at any time upon at least 30 7 [thirtyseven] 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 8.2 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 8.3 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 8.4 If the Goods/services Goods or 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 Goods 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 material breach of this contracts and fails to remedy such breach within a stipulated time frame or within a reasonable time; 13.6.2. There is non-performance from either of the parties; or 13.6.3. If the other party is unable to perform its obligations under this agreement.

Appears in 1 contract

Samples: Cleaning Services Agreement

TERMINATION OF ORDER. 12.1 Notwithstanding the date of signature hereof, the commencement date of this Order is TBA 01 October 2021 and will expire on TBA31 December 2021, 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 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: 13.6.112.6.1. If the other commits a material breach of this contracts and fails to remedy such breach within a stipulated time frame or within a reasonable time; 13.6.212.6.2. There is non-performance from either of the parties; or 13.6.312.6.3. If the other party is unable to perform its obligations under this agreement.

Appears in 1 contract

Samples: Standard Terms and Conditions of Contract

TERMINATION OF ORDER. 12.1 9.1 Notwithstanding the date of signature hereof, the commencement date of this Order is TBA TBC and will expire on TBATBC, 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 9.2 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 9.3 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 9.4 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 9.5 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 9.6 Both parties to this agreement reserve the right to terminate this agreement: 13.6.112.6.1. If the other commits a material breach of this contracts and fails to remedy such breach within a stipulated time frame or within a reasonable time; 13.6.212.6.2. There is non-performance from either of the parties; or 13.6.312.6.3. If the other party is unable to perform its obligations under this agreement.

Appears in 1 contract

Samples: Supply and Delivery Agreement

TERMINATION OF ORDER. 12.1 9.1 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 9.2 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 9.3 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 9.4 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 9.5 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 9.6 Both parties to this agreement reserve the right to terminate this agreement: 13.6.18.6.1. If the other commits a material breach of this contracts and fails to remedy such breach within a stipulated time frame or within a reasonable time; 13.6.28.6.2. There is non-performance from either of the parties; or 13.6.38.6.3. If the other party is unable to perform its obligations under this agreement.

Appears in 1 contract

Samples: Service Agreement

TERMINATION OF ORDER. 12.1 Notwithstanding Buyer reserves the date of signature hereofright to cancel any item on the Order or terminate Seller's performance under the Order, 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’ part, by written notice to Seller, whereupon Seller shall terminate its performance on such date of notice and shall terminate all orders and subcontracts to the Supplier/Service Provider, or when there is a change in control extent they relate to such performance. Seller shall promptly advise Buyer of the Supplier/Service Provider quantities of Goods and raw material on hand or purchased prior to termination and of the Supplier/Service Provider commits any serious breach or any repeated or continued material breach most favorable disposition that Seller can make thereof. Seller shall comply with Xxxxx's instructions regarding disposition of Goods and raw materials. Seller shall submit to Buyer in writing notice of its obligations under these Terms and/or Order or shall have been guilty intention to submit claims based on such termination within 15 days from the date 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 all such claims shall be made in detail and substantiated by bills, receipts, and similar documents within 30 days thereafter, or such claims shall be waived. Buyer shall pay Seller the Supplier/Service Provider shall give Transnet full assistance Order price of finished Goods accepted by Xxxxx and the cost to check the extent Seller, excluding profits and losses, of such work in progress. Payment of such price shall be in full process and final satisfaction raw materials relating to the Order, less the agreed value 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 Goods used or in progresssold by Seller with Xxxxx's consent. 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 Buyer reserves the right to terminate this agreement: 13.6.1verify such claims at any reasonable time or times by inspecting and auditing the records, facilities, work, or materials of Seller relating to the Order. If Buyer will make no payments for finished work, work in process, or raw materials fabricated or procured by Seller unnecessarily in advance or in excess of Buyer's delivery requirements under the other commits a material breach of this contracts and fails to remedy such breach within a stipulated time frame or within a reasonable time; 13.6.2Order. There is non-performance from either of Notwithstanding the parties; or 13.6.3. If the other party is unable to perform its obligations above, payments made under this agreementparagraph shall not exceed the aggregate price specified in the Order, less any payments made or to be made. Payment provided under this paragraph shall constitute Buyer's only liability in the event the Order is terminated.

Appears in 1 contract

Samples: Purchase Order

TERMINATION OF ORDER. 12.1 8.1 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 8.2 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 8.3 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 8.4 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 8.5 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 8.6 Both parties to this agreement reserve the right to terminate this agreement: 13.6.18.6.1. If the other commits a material breach of this contracts and fails to remedy such breach within a stipulated time frame or within a reasonable time; 13.6.28.6.2. There is non-performance from either of the parties; or 13.6.38.6.3. If the other party is unable to perform its obligations under this agreement.

Appears in 1 contract

Samples: Service Agreement

TERMINATION OF ORDER. 12.1 13.1 Notwithstanding the date of signature hereof, the commencement date of this Order is TBA 01 September 2022 and will expire on TBA30 September 2022, 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 13.2 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 13.3 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 13.4 In the event of termination 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 13.5 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 13.6 Both parties to this agreement reserve the right to terminate this agreement: 13.6.112.6.1. If the other commits a material breach of this contracts and fails to remedy such breach within a stipulated time frame or within a reasonable time; 13.6.212.6.2. There is non-performance from either of the parties; or 13.6.312.6.3. If the other party is unable to perform its obligations under this agreement.

Appears in 1 contract

Samples: Supply Agreement

TERMINATION OF ORDER. 12.1 Notwithstanding the date of signature hereof, the commencement date of this Order is TBA 01 March 2022 and will expire on TBA28 February 2023, 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 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: 13.6.112.6.1. If the other commits a material breach of this contracts and fails to remedy such breach within a stipulated time frame or within a reasonable time; 13.6.212.6.2. There is non-performance from either of the parties; or 13.6.312.6.3. If the other party is unable to perform its obligations under this agreement.

Appears in 1 contract

Samples: Standard Terms and Conditions of Contract

TERMINATION OF ORDER. 12.1 11.1 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 11.2 Transnet may cancel this Order in whole or in part at any time upon at least 30 [thirty] days’ written notice to the SupplierSupplier and/Service Provider, or when there is a change in control of the SupplierSupplier and/Service Provider or the SupplierSupplier and/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 SupplierSupplier and/Service Provider when such work on the Order shall stop. 12.3 11.3 Transnet shall pay the SupplierSupplier and/Service Provider a fair and reasonable price for justified work in progress, where such price reflects only those costs not otherwise recoverable by the SupplierSupplier and/Service Provider, at the time of termination, and the SupplierSupplier and/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 SupplierSupplier and/Service Provider shall deliver to Transnet all work, including any materials, completed or in progress. The sum payable to the SupplierSupplier and/Service Provider under this clause will not in any event exceed the total amount that would have been payable to the SupplierSupplier and/Service Provider had the Order not been terminated. 12.4 11.4 In the event of termination the SupplierSupplier and/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 11.5 If the Goods/services are not provided in accordance with an Order, the Order shall be deemed terminated and the SupplierSupplier and/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 11.6 Both parties to this agreement reserve the right to terminate this agreement: 13.6.112.6.1. If the other commits a material breach of this contracts and fails to remedy such breach within a stipulated time frame or within a reasonable time; 13.6.212.6.2. There is non-performance from either of the parties; or 13.6.312.6.3. If the other party is unable to perform its obligations under this agreement.

Appears in 1 contract

Samples: Supply Agreement

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TERMINATION OF ORDER. 12.1 10.1 Notwithstanding the date of signature hereof, the commencement date of this Order is TBA 21 MARCH 2020 and will expire on TBAon, 31 MRCH 2022 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 10.2 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 10.3 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 10.4 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 10.5 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 10.6 Both parties to this agreement reserve the right to terminate this agreement: 13.6.112.6.1. If the other commits a material breach of this contracts and fails to remedy such breach within a stipulated time frame or within a reasonable time; 13.6.212.6.2. There is non-performance from either of the parties; or 13.6.312.6.3. If the other party is unable to perform its obligations under this agreement.

Appears in 1 contract

Samples: Supply and Delivery Agreement

TERMINATION OF ORDER. 12.1 10.1 Notwithstanding the date of signature hereof, the commencement date of this Order is TBA and will expire on TBA, 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 10.2 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 10.3 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 10.4 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 10.5 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 10.6 Both parties to this agreement reserve the right to terminate this agreement: 13.6.1. If the other commits a material breach of this contracts and fails to remedy such breach within a stipulated time frame or within a reasonable time; 13.6.2. There is non-performance from either of the parties; or 13.6.3. If the other party is unable to perform its obligations under this agreement.

Appears in 1 contract

Samples: Service Agreement

TERMINATION OF ORDER. 12.1 11.1 Notwithstanding the date of signature hereof, the commencement date of this Order is TBA and will expire on TBA, 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 11.2 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 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/Service Provider Supplier when such work on the Order shall stop. 12.3 11.3 Transnet shall pay the Supplier/Service Provider Supplier 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 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/Service Provider Supplier shall deliver to Transnet all work, including any materials, completed or in progress. The sum payable to the Supplier/Service Provider Supplier under this clause will not in any event exceed the total amount that would have been payable to the Supplier/Service Provider Supplier had the Order not been terminated. 12.4 11.4 In the event of termination the Supplier/Service Provider 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. 12.5 11.5 If the Goods/services Goods are not provided in accordance with an Order, the Order shall be deemed terminated and the Supplier/Service Provider Supplier shall compensate Transnet for any costs incurred in obtaining substitute Goods/services goods or any damage caused due to the failure or delay in the delivery. 12.6 11.6 Both parties to this agreement reserve the right to terminate this agreement: 13.6.1. 11.6.1 If the other commits a material breach of this contracts and fails to remedy such breach within a stipulated time frame or within a reasonable time; 13.6.2. 11.6.2 There is non-performance from either of the parties; or 13.6.3. 11.6.3 If the other party is unable to perform its obligations under this agreement.

Appears in 1 contract

Samples: Standard Terms and Conditions of Contract

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 material breach of this contracts and fails to remedy such breach within a stipulated time frame or within a reasonable time; 13.6.2. There is non-performance from either of the parties; or 13.6.3. If the other party is unable to perform its obligations under this agreement.

Appears in 1 contract

Samples: Supply Agreement

TERMINATION OF ORDER. 12.1 9.1 Notwithstanding the date of signature hereof, the commencement date of this Order is TBA 01 September 2021 and will expire on TBA31 August 2023, 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 9.2 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 9.3 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 9.4 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 9.5 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 9.6 Both parties to this agreement reserve the right to terminate this agreement: 13.6.112.6.1. If the other commits a material breach of this contracts and fails to remedy such breach within a stipulated time frame or within a reasonable time; 13.6.212.6.2. There is non-performance from either of the parties; or 13.6.312.6.3. If the other party is unable to perform its obligations under this agreement.

Appears in 1 contract

Samples: Service Agreement

TERMINATION OF ORDER. 12.1 8.1 Notwithstanding the date of signature hereof, the commencement date of this Order is TBA 30 March 2021 and will expire on TBA30 March 2021, 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 8.2 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 8.3 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 8.4 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 8.5 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 8.6 Both parties to this agreement reserve the right to terminate this agreement: 13.6.112.6.1. If the other commits a material breach of this contracts and fails to remedy such breach within a stipulated time frame or within a reasonable time; 13.6.212.6.2. There is non-performance from either of the parties; or 13.6.312.6.3. If the other party is unable to perform its obligations under this agreement.

Appears in 1 contract

Samples: Service Agreement

TERMINATION OF ORDER. 12.1 9.1 Notwithstanding the date of signature hereof, the commencement date of this Order is TBA TBC and will expire on TBATBC, 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 9.2 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 9.3 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 9.4 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 9.5 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 9.6 Both parties to this agreement reserve the right to terminate this agreement: 13.6.1. If the other commits a material breach of this contracts and fails to remedy such breach within a stipulated time frame or within a reasonable time; 13.6.2. There is non-performance from either of the parties; or 13.6.3. If the other party is unable to perform its obligations under this agreement.

Appears in 1 contract

Samples: Supply Agreement

TERMINATION OF ORDER. 12.1 8.1 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 8.2 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 8.3 Transnet shall pay the Supplier/Service Provider Supplier 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 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/Service Provider Supplier shall deliver to Transnet all work, including any materials, completed or in progress. The sum payable to the Supplier/Service Provider Supplier under this clause will not in any event exceed the total amount that would have been payable to the Supplier/Service Provider Supplier had the Order not been terminated. 12.4 8.4 In the event of termination the Supplier/Service Provider 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. 12.5 8.5 If the Goods/services Goods are not provided in accordance with an Order, the Order shall be deemed terminated and the Supplier/Service Provider Supplier shall compensate Transnet for any costs incurred in obtaining substitute Goods/services Goods or any damage caused due to the failure or delay in the delivery. 12.6 8.6 Both parties to this agreement reserve the right to terminate this agreement: 13.6.18.6.1. If the other commits a material breach of this contracts and fails to remedy such breach within a stipulated time frame or within a reasonable time; 13.6.28.6.2. There is non-performance from either of the parties; or 13.6.38.6.3. If the other party is unable to perform its obligations under this agreement.

Appears in 1 contract

Samples: Supply and Installation Agreement

TERMINATION OF ORDER. 12.1 11.1 Notwithstanding the date of signature hereof, the commencement date of this Order is TBA TBC and will expire on TBATBC, 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 11.2 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 Supplier or the Supplier/Service Provider 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/Service Provider Supplier when such work on the Order shall stop. 12.3 11.3 Transnet shall pay the Supplier/Service Provider Supplier 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 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/Service Provider Supplier 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 Supplier had the Order not been terminated. 12.4 11.4 In the event of termination the Supplier/Service Provider 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. 12.5 11.5 If the Goods/services Goods are not provided in accordance with an Order, the Order shall be deemed terminated and the Supplier/Service Provider Supplier shall compensate Transnet for any costs incurred in obtaining substitute Goods/services Goods or any damage caused due to the failure or delay in the delivery. 12.6 11.6 Both parties to this agreement reserve the right to terminate this agreement: 13.6.112.6.1. If the other commits a material breach of this contracts and fails to remedy such breach within a stipulated time frame or within a reasonable time; 13.6.212.6.2. There is non-performance from either of the parties; or 13.6.312.6.3. If the other party is unable to perform its obligations under this agreement.

Appears in 1 contract

Samples: Supply Agreement

TERMINATION OF ORDER. 12.1 10.1 Notwithstanding the date of signature hereof, the commencement date of this Order is TBA TBC and will expire on TBATBC, 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 10.2 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 Supplier or the Supplier/Service Provider 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/Service Provider Supplier when such work on the Order shall stop. 12.3 10.3 Transnet shall pay the Supplier/Service Provider Supplier 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 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/Service Provider Supplier shall deliver to Transnet all work, including any materials, completed or in progress. The sum payable to the Supplier/Service Provider Supplier under this clause will not in any event exceed the total amount that would have been payable to the Supplier/Service Provider Supplier had the Order not been terminated. 12.4 10.4 In the event of termination the Supplier/Service Provider 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. 12.5 10.5 If the Goods/services Goods are not provided in accordance with an Order, the Order shall be deemed terminated and the Supplier/Service Provider Supplier shall compensate Transnet for any costs incurred in obtaining substitute Goods/services Goods or any damage caused due to the failure or delay in the delivery. 12.6 10.6 Both parties to this agreement reserve the right to terminate this agreement: 13.6.18.6.1. If the other commits a material breach of this contracts and fails to remedy such breach within a stipulated time frame or within a reasonable time; 13.6.28.6.2. There is non-performance from either of the parties; or 13.6.38.6.3. If the other party is unable to perform its obligations under this agreement.

Appears in 1 contract

Samples: Supply and Delivery Agreement

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