Anticipatory breach of contract Clause Samples

An anticipatory breach of contract clause defines the rights and remedies available when one party indicates, before performance is due, that they will not fulfill their contractual obligations. This clause typically allows the non-breaching party to treat the contract as immediately breached and to seek damages or terminate the agreement without waiting for the actual time of performance. Its core practical function is to provide certainty and legal recourse in situations where a party's intentions to default are clear, thereby allowing the other party to mitigate losses and make alternative arrangements promptly.
Anticipatory breach of contract. The Purchaser may suspend the performance of its obligations if it becomes apparent from the Contractor's conduct or from a serious deficiency in the Contractor's creditworthiness or in the Contractor's ability to perform that it will not perform a substantial part of its contractual obligations. If it is clear that a breach of contract will occur prior to agreed delivery date and this gives the Purchaser the right to cancel the call-off order, the Purchaser may after granting the Contractor a short deadline to enable them to provide adequate security so as to ensure that their contractual obligations are fulfilled, cancel the call-off order with immediate effect prior to agreed delivery date
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Anticipatory breach of contract. The Purchaser may suspend the performance of his obligations if it becomes apparent that the Contractor will not perform a substantial part of his contractual obligations. If it is clear prior to Date of Delivery that the Contractor will be in such breach of the Contract that this would give the Purchaser the right to terminate the Contract, the Purchaser may terminate the contract prior to Date of delivery with immediate effect. The Purchaser shall notify the Contractor promptly in case of such suspension or termination. The Contractor can avoid termination by providing adequate security that his obligations will be fulfilled.
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Related to Anticipatory breach of contract

  • Material Breach of Contract In the event Contractor fails to deliver the product and services as contracted for herein, to the satisfaction of the City of Sparks or otherwise fails to perform any provisions of this Contract, the City, after providing five (5) days written notice and Contractor’s failure to cure such breach within the time specified in the notice, may without waiving any other remedy, make good the deficiencies and deduct the actual cost of providing alternative products and/or services from payment due the Contractor. Non-performance after the first notice of non-performance shall be considered a material breach of contract.

  • Notification of Anticipatory Breach Vendor agrees that should it, for any reason, not be able to provide or maintain appropriate safeguards to fulfill its obligations under this Section, it will immediately inform Citizens in writing of such inability and such inability on Vendor’s part will serve as justification for Citizens’ termination of this Agreement, at Citizens’ sole election, at any time after the inability becomes known to Citizens.

  • Breach of Contract The failure of the Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event the County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract: a) Terminate the Contract immediately, pursuant to Section K herein; b) Afford the Contractor written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach; c) Discontinue payment to the Contactor for and during the period in which the Contractor is in breach; and d) Offset against any monies billed by the Contractor but yet unpaid by the County those monies disallowed pursuant to the above.

  • NO BREACH OF CONTRACT The Executive hereby represents to the Company that: (i) the execution and delivery of this Agreement by the Executive and the performance by the Executive of the Executive’s duties hereunder shall not constitute a breach of, or otherwise contravene, the terms of any other agreement or policy to which the Executive is a party or otherwise bound, except for agreements entered into by and between the Executive and any member of the Group pursuant to applicable law, if any; (ii) that the Executive has no information (including, without limitation, confidential information and trade secrets) relating to any other person or entity which would prevent, or be violated by, the Executive entering into this Agreement or carrying out his duties hereunder; (iii) that the Executive is not bound by any confidentiality, trade secret or similar agreement (other than this) with any other person or entity except for other member(s) of the Group, as the case may be.

  • Breach of Covenant The Borrower breaches any material covenant or other term or condition of this Note in any material respect and such breach, if subject to cure, continues for a period of seven (7) days after written notice to the Borrower from the Holder.