Breach by the Sub Clause Samples

The "Breach by the Sub" clause defines the consequences and procedures that apply if a subcontractor fails to meet its contractual obligations. Typically, this clause outlines what constitutes a breach, such as non-performance, delayed work, or failure to comply with specifications, and may specify remedies available to the main contractor, including the right to terminate the subcontract or seek damages. Its core practical function is to allocate risk and provide a clear framework for addressing and resolving issues arising from the subcontractor's non-compliance, thereby protecting the interests of the main contractor and ensuring project continuity.
Breach by the Sub lessee (i) the Sub-lessee fails to pay the Premium or any part thereof to the Lessee within the stipulated time in the amount and in the manner as provided herein; (ii) the Sub-lessee fails to pay the Replanting Cost or any part thereof to the Lessee within the stipulated time in the amount and in the manner as provided herein; (iii) if an order is made or a resolution is passed for the winding-up of the Sub-lessee, except for the purpose of reconstruction or amalgamation not involving the realization of assets in which the interest of creditors are protected or in the case of a natural person if the other Party is adjudicated bankrupt; (iv) the Sub-lessee breaches any of the terms and conditions of this Sub- lease Agreement (including but not limited to the Sub- lessee’s representations and warranties) or fails to perform or observe any undertaking, obligation or agreement expressed or implied in this Sub- lease Agreement; and/or (v) a breach or default by the Sub-lessee of any covenant or other term or condition contained in the Management Agreement and shall, at the option of the Lessee, be considered a default in this Sub-lease Agreement, and Provided That the Lessee shall have complied with the terms and conditions of this Sub-lease Agreement, the Lessee shall be entitled at its discretion to elect any of the following and in any such cases as elected by the Lessee, all Premium and/or the Replanting Cost or any part thereof already paid by the Sub-lessee shall be forfeited to the Lessee:- (i) the Lessee may take forfeiture proceeding pursuant to section 234 and section 235 of the National Land Code and the Parties hereby agree that the reasonable time for the Sub-lessee to remedy the specified breach after service of the notice under Section 235 of the National Land Code shall be a period of thirty (30) days; and/or (ii) to seek the remedy of specific performance and all other reliefs thereunder against the Sub-lessee; and/or (iii) to terminate this Sub-lease Agreement without liability on its part by notice in writing to the Sub-lessee and claim damages against the Sub-lessee for breach of contract and the Sub-lessee shall peacefully surrender and relinquish to the Lessee all his rights and interests to the Said Lot. Thereafter, the Lessee shall be free to deal with the Said Lot in any manner as it shall deem fit at its discretion.
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Breach by the Sub lessee (i) the Sub-lessee is an adjudicated bankrupt; (ii) the Sub-lessee breaches any of the terms and conditions of this Agreement (including but not limited to the Sub-lessee’s representations and warranties) or fails to perform or observe any undertaking, obligation or agreement expressed or implied in this Agreement; (iii) a breach or default by the Sub-lessee of any covenant or other term or condition contained in the Sub-lease Agreement and shall, at the option of the Management Company, be considered a default in this Agreement, and Provided That the Management Company shall have complied with the terms and conditions of this Agreement, the Management Company shall be entitled at its discretion to elect any of the following and in any such cases as elected by the Management Company:- (aa) to seek remedy of specific performance and all other relief against the Sub-lessee; and/or
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Related to Breach by the Sub

  • Breach by Seller In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser’s default, Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit, if any, shall be forthwith returned by the title company to Purchaser.

  • Termination by the Sellers The Sellers may terminate the Agreement in the event either Purchaser or the Guarantor (if any of the proceedings with respect to the Guarantor in the following clauses (i) through (iv) below would reasonably be expected to impair the ability of either Purchaser to perform its obligations under the Agreement (including Article 8 of the Agreement and this Annex A) fully and on a timely basis) (i) becomes the subject of any bankruptcy or other proceeding relating to its liquidation or insolvency (if not dismissed within sixty (60) days of initial filing), or is the subject of a receivership or conservatorship, (ii) files a voluntary petition in bankruptcy or similar proceeding or admits in writing its inability to pay its debts as they become due, (iii) makes a general assignment for the benefit of creditors, or (iv) files a petition or an answer seeking reorganization or an arrangement with creditors.

  • Indemnification by the Seller The Seller shall indemnify each Affected Person, within ten (10) days after demand therefor, for the full amount of any (I) Indemnified Taxes (including Indemnified Taxes imposed or asserted on or attributable to amounts payable under this Section) payable or paid by such Affected Person or required to be withheld or deducted from a payment to such Affected Person and any reasonable expenses arising therefrom or with respect thereto, whether or not such Indemnified Taxes were correctly or legally imposed or asserted by the relevant Governmental Authority and (II) Taxes (other than Excluded Taxes) that arise because an Investment or any Capital is not treated for U.S. federal, state or local income and franchise tax purposes consistently with the Intended Tax Treatment (such indemnification will include any U.S. federal, state or local income and franchise taxes necessary to make such Affected Person whole on an after-Tax basis taking into account the taxability of receipt of payments under this clause (II) and any reasonable expenses (other than Taxes) arising out of, relating to, or resulting from the foregoing). Promptly upon having knowledge that any such Indemnified Taxes have been levied, imposed or assessed, and promptly upon notice by the Administrative Agent or any Affected Person, the Seller shall pay such Indemnified Taxes directly to the relevant taxing authority or Governmental Authority (or to the Administrative Agent or such Affected Person if such Taxes have already been paid to the relevant taxing authority or Governmental Authority); provided that neither the Administrative Agent nor any Affected Person shall be under any obligation to provide any such notice to the Seller. A certificate as to the amount of such payment or liability delivered to the Seller by an Affected Person (with a copy to the Administrative Agent), or by the Administrative Agent on its own behalf or on behalf of an Affected Person, shall be conclusive absent manifest error. Notwithstanding anything to the contrary herein, the Servicer shall indemnify each Affected Person for the full amount of any Taxes described in clause (I) or clause (II) of this Section 4.03(c) to the extent that the Seller and its Affiliates have not already indemnified such Affected Person for such Taxes and without limiting any obligation of the Seller and its Affiliates to do so.

  • Indemnification by the Sellers Each of the Sellers, severally and jointly, shall indemnify, defend and hold harmless, without duplication, the Purchasers, each of the Purchasers’ Affiliates and each of their respective officers, employees, agents and representatives (collectively, the “Purchaser Indemnified Parties,” and together with the Seller Indemnified Parties, the “Indemnified Parties”), from and against all Losses that such Purchaser Indemnified Party may at any time suffer or incur, or become subject to, that, directly or indirectly, arise out of or relate to (a) any failure by the Sellers to perform their obligations under this Agreement in accordance with the terms hereof, or any other breach or violation by the Sellers of the terms hereof, (b) the exercise by the Sellers of any right, power or discretion in relation to a Serviced Appointment, including (i) with respect to any Retained Duties (except to the extent the Sellers were acting in accordance with the instructions of the Purchasers in performing the Retained Duties or were acting as backup advancing agent pursuant to clause (c) of the definition of “Retained Duty”; provided that Sellers shall indemnify the Purchaser Indemnified Parties from and against all Losses that such Purchaser Indemnified Party may at any time suffer or incur, or become subject to, that, directly or indirectly, arise out of or relate to any Losses arising out of or relate to the Sellers’ negligent failure to make a backup advance as required pursuant to such Retained Duty) or (ii) with respect to any Excluded Appointment, the matters for which Seller and its Affiliates are responsible pursuant to Section 3.9 and (c) any action taken or omitted to be taken by the applicable Purchaser pursuant to and in accordance with a written direction given by any Seller (other than pursuant to Section 3.4.6), including any Specified Action taken (or omitted to be taken) by the Purchasers at the direction of the Sellers pursuant to Section 3.9, in each case of this clause (c) except to the extent the applicable Purchaser was negligent in taking or omitting to take such action.

  • BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser’s obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit, if any, from the title company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller’s sole remedy hereunder in such event. If no Escrow Deposit has been made then Seller shall receive the amount of $500 as liquidated damages for any failure by Purchaser.