Withdrawal from the Contract. 1. UPJŠ LF is entitled to unilaterally withdraw from this Contract in the event that:
a) the student has not paid the fees or payment associated with studying under Art. (IV),
Withdrawal from the Contract. The Sponsee has the right to withdraw from this contract at any time for reasons of public interest and /or for reasons of foreign policy, upon simple request, without conditions or limitations of any kind, free of charge and without prejudice to the right to the return of advances of price paid previously and exceeding the consideration for services already rendered and acquired.
Withdrawal from the Contract. 1. Either Contracting Party is entitled to withdraw from the Contract in cases specified in this Contract and in the Act No. 513/1991 Coll. Commercial Code in wording of later regulations (hereinafter referred to as the “Commercial Code“), however especially in the case, if the other Contracting Party materially breaches its contractual obligations resulting from this Contract. The Contracting Parties have agreed that the material breach of contractual obligations shall deem also a breach of any obligation resulting from this Contract, which shall not be cured even within additional reasonable period provided for by the other Contracting Party.
2. The Buyer may withdraw from the Contract also in the case, if the Seller does not commence to cure the claimed defects within 10 business days from written application of Xxxxx’s claim.
3. The Buyer may withdraw from this Contract also due to the reasons specified in the Act No. 343/2015 Coll. on public procurement in wording of later regulations (hereinafter referred to as the “PP Act“) or if requires so from the Buyer any other legal regulation that the Buyer is obliged to follow.
4. The withdrawal from the Contract must be exercised in writing and must be delivered to the other Contracting Party. Legal effects of withdrawal from the Contract occur on the day of delivering the written notification of withdrawal from the Contract to the other Contracting Party.
5. If a Contracting Party withdraws from a part of the Contract, the withdrawing Contracting Party must expressly specify that it withdraws from a part of the Contract only whereas it is obliged to specify the part of the Contract related to the withdrawal.
6. The Contracting Parties have agreed that in the case of withdrawal from the Contract as the whole by the Buyer, the Contracting Parties shall return back mutually all provided performances and payments. If it is not possible to return a performance back to the Seller, the Buyer shall pay for respective performance only an amount by which the Buyer has enriched upon such performance with regard to the level of development of such performance.
7. The withdrawal from the Contract has no prejudice against claims for damages arising from breach if this Contract, entitlement to contractual fines or other contractual provisions concerning the selected body of law, the resolution of disputes between the Contracting Parties and other provisions surviving termination of this Contract given the expressed will ...
Withdrawal from the Contract. The Buyer may withdraw from this Contract if:
a) the System is not supplied or installed or commissioned within 1 month of the lapse in vain of agreed terms due to reasons attributable to the Seller. This shall be without prejudice to the provision under Art. VIII(1) hereof;
b) the technical specifications of the System given in Annex 1 hereto are not complied with;
c) the System is supplied with defects that are not removable or defects, the removal of which would bring about excessive costs or take an inappropriately long period of time. Either Contracting Party may withdraw from the present Contract by serving a written notice if the other Contracting Party breaches the provisions hereof in a material way. The withdrawal becomes effective on the date of delivery of a written withdrawal notice to the other Contracting Party. This shall be without prejudice to the withdrawing party's right to damages or a contractual fine or default interest.
Withdrawal from the Contract. 1. If the Executor has abandoned the Works, refuses or fails to comply with the applicable Contract Engineer and / or the Customer, breaks or performs the Contract of Work in a manner that is inconsistent, incompatible with the Contract or otherwise acts against the Contract despite written reminder, the Customer is entitled to withdraw from the Contract with justifying type of failure in writing.
2. The Customer's notice of termination should be served to the Executor within 42 days of its occurrence, but not later than five months after the date of signing this Contract. In case of delay in completion of work beyond the stated date, the date of such withdrawal will be extended by the number of days corresponding to this delay.
Withdrawal from the Contract. 1. The Customer who has concluded the Agreement at a distance has the right to withdraw from the contract within 14 days from the date of signing the contract.
2. The Customer who has requested to perform services before the deadline for withdrawal from the contract may withdraw from it, but is obliged to pay for the services provided until the withdrawal.
Withdrawal from the Contract. 9.1 The BUYER has the right to withdraw from this CONTRACT in the case of a gross breach of the provisions thereof by the CONTRACTOR, particularly in the case of:
a) Non-performance or material improper performance of the WORKS AND/OR EQUIPMENT by the CONTRACTOR, particularly in the case of non-conformity with the technical specification (Appendix no. 1 and 13), construction practices, in the case of using any technology, materials, subassemblies and devices with: (i) inadequate quality, (ii) used, (iii) without approvals for use in Poland or not suitable for use or not accepted for use in the WORKS AND/OR EQUIPMENT (iv) inconsistent with the CONTRACT and its appendices;
b) A significant delay in performance of the WORKS AND/OR EQUIPMENT by the CONTRACTOR as compared to the contractual events described in the CONTRACTUAL TIME SCHEDULE;
c) A serious breach of OHS principles, in particular, in the case of a serious, fatal or collective accident at work, or any hazard of such accident being caused;
d) A crime committed by the employees, managers, co-workers of the CONTRACTOR against the interests (including property and employees) of the BUYER, or such attempted crime;
e) Breach of section 7.6. of the CONTRACT by the CONTRACTOR;
f) Breach of section 7.2 - 7.5 of the CONTRACT by the CONTRACTOR;
g) Failure to transfer the intellectual property rights to the BUYER, in the scope required by the CONTRACT and the GENERAL CONDITIONS
h) a justified statement that the CONTRACTOR's financial situation could be interpreted as preventing proper implementation of the given CONTRACT by the CONTRACTOR, in particular in the event of withholding or ceasing, for no valid reason, payments to the subcontractors, prolonged or repeated material shortcomings in the CONTRACTOR's personnel, seizures of liabilities owed to the CONTRACTOR from the BUYER, seizures of the CONTRACTOR's assets introduced to the SITE.
9.2 The BUYER is entitled to withdraw from the CONTRACT in case of termination, by any party and for any reason, of the Project Co-Financing Agreement, concluded between the BUYER and the National Centre for Research and Development;
Withdrawal from the Contract. If facts preventing the proper performance of this Contract occur in respect of any of the Parties, the Party affected is obliged to notify the other Party thereof without undue delay and initiate negotiations of the representatives authorised to sign the Contract. If any of the Parties wishes to withdraw from the Contract on the basis of the provisions arising from the Contract, it is obliged to notify the other Party thereof in writing, stating the date on which it shall withdraw from the Contract. The withdrawal must also include the reason for which the Party withdraws from the Contract and the exact citation of the provision of the Contract that entitles it to do so. Without these requirements, the withdrawal shall be invalid. If any of the Parties does not agree with the reason for the withdrawal of the other Party or if it denies the existence thereof, it is obliged to notify it in writing not later than ten days after the receipt of the notice of withdrawal. If it fails to do so, it shall be deemed to agree with the reason for the withdrawal. The withdrawal from the Contract shall take place on the day following the day on which the written notice of withdrawal was delivered to the other Party, unless the other Party denies the reason for the withdrawal within the specified period. Otherwise, the date agreed between the Parties or resulting from a decision by the competent authority shall be the effective date of withdrawal from the Contract.
Withdrawal from the Contract. In the case of withdrawal from the contract or a binding order by the customer, the supplier is entitled to a compensation charge in the amount of 10% of the agreed price. If the goods have already been dispatched, the supplier has the right to demand a contractual penalty in accordance with Article 4 hereof. Withdrawal from the contract is only possible in writing and becomes valid on the third day after the date on which the other party received the written notice of withdrawal.
Withdrawal from the Contract. This Contract can be terminated by a written agreement of the Contracting Parties, or a withdrawal from the Contract for the reasons set out in this Contract or in the Act. A Contracting Party may withdraw from this Contract for a substantial breach of contractual obligations by the other Contracting Party. The following, in particular, are considered a substantial breach of contractual obligations: by the Customer: failure to pay the price for the Work under this Contract within 30 days following the due date of the relevant invoice, by the Contractor: the Work (or part thereof) is not properly delivered by the agreed deadline, by the Contractor: the Work does not have the properties declared by the Contractor in this Contract or properties resulting from this Contract, by the Contractor: delay in removing the defects according to Art. VII of this Contract. A withdrawal from this Contract shall be made in writing. In the event of a withdrawal from this Contract, the Contracting Parties are obliged to settle their mutual liabilities and assets specified in the Act or in this Contract, within 30 days from the legal effects of the withdrawal, or within an agreed deadline. In the event of withdrawal from this Contract by the Customer for a fundamental breach of contractual obligations by the Contractor, the Contractor is obliged to pay the Customer any damages suffered (both material and non-material).
