Consequences of Breach. Without prejudice to any rights that may be available to the Principal/Owner under law or the Contract or its established policies and laid down procedures, the Principal/Owner shall have the following rights in case of breach of this Integrity Pact by the Tenderer(s)/Contractor(s) and the Tenderer/ Contractor accepts and undertakes to respect and uphold the Principal/Owner’s absolute right:
1) If the Tenderer(s)/Contractor(s), either before award or during execution of Contract has committed a transgression through a violation of Article 2 above or in any other form, such as to put his reliability or credibility in question, the Principal/Owner after giving 14 days notice to the contractor shall have powers to disqualify the Tenderer(s)/ Contractor(s) from the Tender process or INTEGRITYPACT terminate/determine the Contract, if already executed or exclude the Tenderer/Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Principal/Owner. Such exclusion may be forever or for a limited period as decided by the Principal/Owner.
2) Forfeiture of EMD/Performance Guarantee/Security Deposit: If the Principal/Owner has disqualified the Tenderer(s) from the Tender process prior to the award of the Contract or terminated/determined the Contract or has accrued the right to terminate/determine the Contract according to Article 3(1), the Principal/Owner apart from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion forfeit the entire amount of Xxxxxxx Money Deposit, Performance Guarantee and Security Deposit of the Tenderer/Contractor.
Consequences of Breach. The Incentive Units hereunder shall be conditionally granted subject to the Limited Partner's compliance with the covenants set forth in Section 2.13(b) of the Limited Partnership Agreement. Without limitation or contradiction of the foregoing, and in addition to the applicability of Section 2.13(g) of the Limited Partnership Agreement, the Limited Partner agrees that it would be impossible to compute the actual damages resulting from a breach of any such covenants, and that the amounts set forth in this Section 3(b)(ii) are reasonable and do not operate as a penalty, but are a genuine pre-estimate of the anticipated loss that the Partnership and other members of the Och-Ziff Group would suffer from breach of any such covenants. In the event the Limited Partner breaches any such covenants, then the Limited Partner shall have failed to satisfy the condition subsequent to the grants of Incentive Units and the Limited Partner agrees that:
(1) on or after the date of such breach, any Incentive P Units shall be forfeited and cancelled;
(2) on or after the date of such breach, any Incentive D Units (or any Class A Common Units into which such Incentive D Units have converted) shall thereafter be reallocated from the Limited Partner and his Related Trusts and shall be reallocated in accordance with the Limited Partnership Agreement;
(3) on or after the date of such breach, all allocations and distributions on the Common Units described in paragraph (2) above that would otherwise have been received by the Limited Partner or his Related Trusts on or after the date of such breach shall thereafter be reallocated from them in accordance with the reallocations of such Common Units described above;
(4) on or after the date of such breach, no allocations shall be made to the Limited Partner's Capital Accounts and no distributions shall be made to the Limited Partner or his Related Trusts in respect of any Incentive Units (or any Class A Common Units into which such Incentive Units have converted);
(5) on or after the date of such breach, no Transfer (including any exchange pursuant to the Exchange Agreements) of any Incentive Units (or any Class A Common Units into which such Incentive Units have converted) of the Limited Partner or his Related Trusts shall be permitted under any circumstances notwithstanding anything to the contrary in any other agreement;
(6) on or after the date of such breach, no sale, exchange, assignment, pledge, hypothecation, bequest, creation of...
Consequences of Breach. 27 11. Subordination.......................................................27
Consequences of Breach. 21. Whenever the Department has reasonable cause to believe that Respondents have breached this Agreement, the matter shall be referred to the Attorney General of the United States, to commence a civil action in the appropriate U.S. District Court, pursuant to subsections 810(c) and 814(b)(2) of the Act.
Consequences of Breach. Without prejudice to Clauses 7 and 8, each of the parties to this Agreement acknowledges and agrees that the Seller shall have no liability or responsibility (whether, in either case, contractual or tortious or delictual, express or implied) for any loss or damage for or in respect of any breach of, or any act or omission in respect of, any of its obligations hereunder other than loss or damage directly (and not indirectly or consequentially) suffered by the Mortgages Trustee and/or the Funding Companies and/or the Funding Security Trustees by reason of such breach, act or omission. For this purpose (and without limiting the scope of the above exclusion in respect of indirect or consequential loss or damage) any loss or damage suffered by the Mortgages Trustee and/or the Funding Companies and/or the Funding Security Trustees as a result of the breach, act or omission in question also having been or given rise to an Intercompany Loan Event of Default or the service of a Note Acceleration Notice on the Issuer shall be treated as indirect or consequential loss or damage PROVIDED THAT this sentence shall not apply to any direct or non-consequential loss or damage arising from any such breach, act or omission.
Consequences of Breach. If this Agreement is terminated pursuant to Section 11.01 hereof, or if Company shall terminate Executive’s employment under this Agreement in any other way that is a breach of this Agreement by Company, the following shall apply:
Consequences of Breach. Without prejudice to Clause 8 (Warranties and Repurchase by the Seller), the Mortgages Trustee, Funding and the Security Trustee severally acknowledge to and agree with the Seller, and the Security Trustee acknowledges to and agrees with Funding and the Mortgages Trustee, that the Seller shall have no liability or responsibility (whether, in either case, contractual or tortious, express or implied) for any loss or damage for or in respect of any breach of, or any act or omission in respect of, any of its obligations hereunder other than loss or damage directly (and not indirectly or consequentially) suffered by the Mortgages Trustee and/or Funding or the assets comprised in the Funding Security constituted by the Funding Deed of Charge by reason of such breach, act or omission. For this purpose (and without limiting the scope of the above exclusion in respect of indirect or consequential loss or damage) any loss or damage suffered by the Mortgages Trustee and/or Funding or such assets which would not have been suffered by it or such assets had the breach, act or omission in question not also been or given rise to an Event of Default or enforcement of the security contributed by the Funding Deed of Charge shall be treated as indirect or consequential loss or damage.
Consequences of Breach. If Employee breaches any of the covenants and undertakings set forth in this Paragraph 7:
(i) All of Employee’s unvested equity shall be immediately forfeited and neither TTEC Parent nor the Company shall have any further liabilities to Employee pursuant to this Agreement, including without limitation no liability for any equity not yet granted or granted and unvested;
(ii) Employee and those who aid her in such breach shall be liable for all costs and business loses including any damages and out-of-pocket expenses associated with or resulting from such breach; and
(iii) Employee hereby consents and agrees that TTEC Parent and the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.
Consequences of Breach. 7.1 Without prejudice to HESA Services' rights under clause 8, the Authorised User acknowledges and agrees that any material breach of this Agreement by the Authorised User shall have such of the following consequences as HESA Services shall in its absolute discretion determine to be appropriate in the circumstances:
7.1.1 Suspension of the Authorised User's access to Xxxxx Plus until such time as either HESA Services determines that it will exercise its rights under clause 8 or HESA Services is satisfied that the breach has ended and been remedied as far as possible, and that all reasonable steps, including any steps specified under clause 6.4, have been taken to prevent another similar breach in the future;
7.1.2 The specification by HESA Services of any other steps to remedy or mitigate a breach as provided for in clause 6.4;
7.1.3 HESA Services seeking an injunction to prevent any improper access to Xxxxx Plus or use of Xxxxx Plus Data;
7.1.4 HESA Services imposing a requirement on the Authorised User to immediately and permanently delete or destroy:
7.1.4.1 any Xxxxx Plus Data which HESA Services reasonably identifies as having been obtained in breach of this Agreement; and
7.1.4.2 any Unrounded Data relating to individuals to the extent that HESA Services determines in its absolute discretion that this is appropriate having regard to the nature of the breach and the nature of the data in the Authorised User's possession; whether such data is held in hard copy or electronic form outside of Xxxxx Plus; and
7.1.5 HESA Services taking other legal action to secure an appropriate remedy, including compensation, for the breach.
7.2 Where HESA Services determines that the Authorised User is or has been in breach of this Agreement, HESA Services reserves the right to terminate this Agreement under clause 8.2 and to refuse the Authorised User future access to Xxxxx Plus if, in HESA Services' sole discretion, it is not satisfied that the Authorised User will comply with the terms of the Agreement in future.
Consequences of Breach. Furthermore, you acknowledge that, in partial consideration for the Award described in the 2009 LTIP and this Agreement, Delta is requiring that you agree to and comply with the terms of Section 2 and you hereby agree that without limiting any of the foregoing, should you violate any of the covenants included in Section 2 above, you will not be entitled to and shall not receive any Awards under the 2009 LTIP and this Agreement and any outstanding Awards will be forfeited.
