Breach Default Termination Clause Samples

The 'Breach, Default, Termination' clause defines the circumstances under which a party's failure to fulfill contractual obligations constitutes a breach or default, and outlines the rights of the non-breaching party to terminate the agreement. Typically, this clause specifies what actions or omissions are considered breaches, the process for notifying the defaulting party, and any cure periods allowed before termination can occur. Its core practical function is to provide a clear framework for addressing non-performance, thereby protecting parties from ongoing harm and offering a structured exit from the contract if obligations are not met.
Breach Default Termination. The University of Washington reserves the right to pursue all available legal, administrative, contractual or equitable remedies in the event of Contractor’s breach of contract or violation of any term of this contract. The University of Washington shall have the right to terminate this contract for cause, and shall retain all rights and remedies against Contractor. The University of Washington shall also have the right to terminate this Contract for convenience upon thirty (30) days’ notice to Contractor. Breach and/or Termination of this Contract shall be addressed in the manner prescribed in the UW Standards Terms and Conditions, Section 7.
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Breach Default Termination. A. Breach: A breach of a term or condition of the contract shall mean any one or more of the following events: (1) Contractor fails to perform the services by the date required or by a later date as may be agreed to in a written amendment to the contract signed by the College; (2) Contractor breaches any warranty or fails to perform or comply with any term or agreement in the contract; (3) Contractor makes any general assignment for the benefit of creditors; (4) in the College’s sole opinion, Contractor becomes insolvent or in an unsound financial condition so as to endanger performance hereunder; (5) Contractor becomes the subject of any proceeding under any law relating to bankruptcy, insolvency or reorganization, or relief from creditors and/or debtors; (6) any receiver, trustee, or similar official is appointed for Contractor or any of the Contractor’s property; (7) Contractor is determined to be in violation of federal, State of Washington, or local laws or regulations and that such determination, in the College’s sole opinion renders the Contractor unable to perform any aspect of the contract.
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Breach Default Termination. ▇. ▇▇▇▇▇▇▇▇▇▇ Lands’ acceptance of any payments under this Agreement shall never constitute or be deemed to be: (i) a ratification, renewal, or amendment of this Agreement or any Designation of Production Acreage; (ii) a waiver of the rights granted to University Lands, or the obligations imposed upon Developer; or (iii) an estoppel against University Lands preventing the enforcement of University Lands’ rights or Developer’s obligations hereunder or from seeking damages for Developer’s breach of the Agreement. University Lands’ agreement to accept royalty payments directly from any purchaser shall not affect Developer’s obligations to pay royalties to University Lands under this Agreement. No instrument executed by University Lands shall be effective to constitute a ratification, revivor, renewal, extension, or amendment of this Agreement or Designation of Production Acreage unless the instrument is clearly titled to indicate its purpose and intent. b. If Developer violates, fails to perform, or breaches any term or covenant in this Agreement, University Lands shall notify Developer in writing of the violation, failure, or breach. Developer shall have thirty (30) calendar days from receipt of University Lands’ written notice, in which to remedy the violation, failure, or breach. If Developer disputes any claim by University Lands of a breach or default, Developer shall notify University Lands of its dispute as soon as possible, but not later than fifteen (15) calendar days after receipt of University Lands’ notice. The receipt by University Lands of such notice from Developer shall be a condition precedent to University Lands’ right to bring an action for any cause, and in the absence of such notice, no such action shall be brought by University Lands until the expiration of the thirty (30) day notice period to Developer. University Lands may remedy any type of breach or default or, at University Lands’ election, terminate this Agreement (by filing a Release of Agreement as provided in Article 7) if Developer fails to remedy such breach or default within the thirty (30) day period. In addition to any other remedies available to University Lands, University Lands may elect to remedy any breach or default with contemporaneous written notice to Developer if immediate action by University Lands would mitigate or prevent further, avoidable damages or if Developer’s breach or default involves any environmental or regulatory issues. Under those circumstances, De...
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Breach Default Termination. 5.1. If the Purchaser fails to pay any part or portion of the Purchase Consideration or MACD within the due date then the Purchaser shall be deemed to be in default / breach from the due date of such payment. In such event the Purchaser shall be liable and obliged to pay to the Developer interest at the rate of 2% per month from the due date upto the date of payment. 5.2. If such default continues for a period of three months then the Developer without prejudice to its rights to claim interest shall be at liberty to serve a notice upon the Purchaser calling upon the Purchaser to remedy such breach or default within a period of 15 days from the date of receipt or deemed receipt of such notice. 5.3. If inspite of such notice, the Purchaser fails to remedy such breach / default then notwithstanding anything contained in this Agreement, the Developer at its sole discretion shall be at liberty to terminate this Agreement. 5.4. Upon such termination [a] all claims of the Purchaser over the said Unit shall stand extinguished and the Vendors shall be at liberty to deal with the said Unit and sell and transfer the same to any other person ; [b] The vendors shall forfeit a sum of Rs 1,00,000/- (One Lac) only towards reimbursement of the administrative and other costs and expenses and the Vendors shall be obliged to refund only the balance amount, if any to the Purchaser; and [c] the Vendors shall be obliged to refund such amount to the Purchaser upon the Purchaser returning or surrendering the original of this Agreement to the Developer. If the original Agreement is lost then the Purchaser shall be entitled to such refund upon the Purchaser affirming an affidavit explaining non availability of the original Agreement and furnishing an indemnity to the satisfaction of the Developer. 5.5. The Purchaser shall also be at liberty to cancel or terminate this Agreement at any time without assigning any reason but prior to issuance of the notice for possession by the Developer as stated in Article 4.2 above subject to the condition that upon such termination the Vendors shall forfeit a sum of Rs 1,00,000/- (One Lac) only against the Purchase consideration received by them and the Vendors shall refund the balance purchase consideration paid by the Purchaser upon the Purchaser surrendering or returning the original of this Agreement to the Developer. The procedure prescribed in the Article 5.4(c) shall apply if the original of this Agreement is lost. 5.6. Upon termination of t...
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Breach Default Termination. The Port may terminate this contract, in whole or in part, at any time and for any reason by giving fourteen (14) calendar days written termination notice to Contractor. Termination charges shall not apply unless they are subsequently agreed upon by both parties. Should the parties not agree to a satisfactory settlement, the matter may be subjected to mediation and/or legal proceedings.
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Breach Default Termination.  Breach: A breach of a term or condition of the contract shall mean any one or more of the following events: (1) Contractor fails to perform the services by the date required or by a later date as may be agreed to in a written amendment to the contract signed by the state; (2) Contractor breaches any warranty or fails to perform or comply with any term or agreement in the contract; (3) Contractor makes any general assignment for the benefit of creditors; (4) in the state’s sole opinion, Contractor becomes insolvent or in an unsound financial condition so as to endanger performance hereunder; (5) Contractor becomes the subject of any proceeding under any law relating to bankruptcy, insolvency or reorganization, or relief from creditors and/or debtors; (6) any receiver, trustee, or similar official is appointed for Contractor or any of the Contractor’s property; (7) Contractor is determined to be in violation of federal, state, or local laws or regulations and that such determination, in the state’s sole opinion renders the Contractor unable to perform any aspect of the contract.  Default: A Contractor may be declared in default for failing to perform a contractual requirement or for a material breach of any term or condition.  Termination for Convenience: The state may terminate this contract, in whole or in part, at any time and for any reason by giving thirty (30) calendar days written termination notice to Contractor. Termination charges shall not apply unless they are subsequently agreed upon by both parties. Where termination charges are applicable, both parties agree to negotiate in good faith and to limit the extent of negotiations to valid documented expenses incurred by Contractor prior to date of termination. Should the parties not agree to a satisfactory settlement, the matter may be subjected to mediation and/or legal proceedings.  Termination for Breach and/or Default: Except in the case of delay or failure resulting from circumstances beyond the control and without the fault or negligence of the Contractor or of the Contractor’s suppliers or subcontractors, the state shall be entitled, by written or oral notice, to cancel and/or terminate this contract in its entirety or in part for breach and/or for default of any of the terms herein and to have all other rights against Contractor by reason of the Contractor’s breach as provided by law.  Termination by Mutual Agreement: The state or the Contractor may terminate this contract in whole or ...
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Breach Default Termination 
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Related to Breach Default Termination

  • Default Termination a. In the event that the Property has been sold contrary to or any person bids in contravention of the provisions in Clause 4 above, then such sale shall be cancelled and become null and void and of no further effect wherein all monies paid by the Purchaser hitherto including the Deposit shall be forfeited absolutely and immediately. b. If the Purchaser defaults in complying with any of these Conditions of Sale or in payment of any sums payable, then the Assignee may (without prejudice to its rights for specific performance) treat such default as a repudiation of the contract and terminate the sale by giving the Purchaser written notice thereof, in which event all monies paid by the Purchaser hitherto including the Deposit shall be forfeited absolutely and immediately. c. In the event of the sale being set aside for any reason whatsoever by the Assignee or by an Order of Court (other than that due to any act of default and/or omission by the Purchaser), then such sale shall be cancelled and become null and void and of no further effect wherein only monies paid by the Purchaser towards the account of the purchase price shall be refunded to the Purchaser free of interest less costs and fees incurred by the Assignee in connection with or relating to the sale. The Purchaser shall not be entitled to an account thereof or any claim or demand whatsoever against the Assignee, the Assignee’s Solicitors, the Auctioneer or their respective servants or agents on the above. A certificate by an officer of the Assignee verifying such expenses and/or fees shall be final and conclusive and shall be binding on the Purchaser. Upon payment by the Assignee herein, the Purchaser shall have no other or further claims, or demands whatsoever in nature and howsoever caused against the Assignee, the Assignee’s Solicitors and the Auctioneer or their respective servants or agents. d. If in the meanwhile the Purchaser has entered into possession of the Property, then the Purchaser is liable at own costs to reinstate the Property and thereafter peaceably to yield up vacant possession of the Property to the Assignee within fourteen (14) days from the date of notification of such termination failing which the Purchaser shall pay the Assignee interest/compensation charges at the rate of 10% per annum on the total purchase price calculated on daily basis from the date of such notification to the date of actual delivery of vacant possession and the Assignee reserves its right to take all further necessary steps or actions to recover or resume possession of the Property at the Purchaser’s costs and expenses. In the event the sale is terminated for any reason whatsoever, the Assignee shall not be liable to the Purchaser for the cost of any improvements to the Property carried out by the Purchaser. The costs to reinstate the Property (if any damage is caused by the Purchaser in possession thereof) or expenses to recover possession of the Property from the Purchaser shall be deducted and set-off against the monies paid herein towards account of the purchase price and thereafter in the event there is any residue, the said residue shall be refunded to the Purchaser free of interest or if the monies paid are not sufficient to cover all such costs and expenses, the Purchaser shall then reimburse and pay the balance amount outstanding to the Assignee failing which the Assignee shall be entitled to take all further necessary steps or actions to recover the same. For this purpose a certificate duly signed by an officer of the Assignee verifying the amount of such costs and expenses shall be accepted by the Purchaser as correct and conclusive. It shall be deemed final and binding upon the Purchaser. e. Subject as aforesaid, the Purchaser shall not be entitled to nor have any or further reimbursements, claims, demands or legal recourses of action or remedies whatsoever in nature and howsoever caused against the Assignee, the Assignee’s Solicitors, the Auctioneer or their respective servants or agents or any other party on account thereof. f. The Purchaser or the Purchaser’s Solicitors shall return or cause to be returned the Assignment or the Memorandum of Transfer and other documents to the Assignee with the Assignee’s interest intact PROVIDED ALWAYS THAT if the Assignment or the Memorandum of Transfer has been adjudicated and stamped, the Purchaser or the Purchaser’s Solicitors shall surrender the same to the relevant authorities to obtain a refund of the stamp duty paid and for cancellation of the same. g. The Assignee shall be at liberty to put up the Property for sale again at a time, place and reserve price to be fixed by the Assignee at its sole discretion or to dispose of and/or otherwise deal with the Property in whatsoever manner the Assignee shall think fit without further reference to the Purchaser. The costs and expenses of in connection with and resulting from such resale together with any deficiency in the price resulting from the resale or the purchase price if there is no resale (as the case may be) shall be recoverable from the defaulting Purchaser. For this purpose a certificate duly signed by an officer of the Assignee verifying the amount of such costs and expenses shall be accepted by the Purchaser as correct and conclusive. It shall be deemed final and binding upon the Purchaser.

  • Termination by Default If the Bank is in default (as defined in Section 3(x)(1) of the Federal Deposit Insurance Act (12 U.S.C. Section 1813(x)(1)), all obligations under this Agreement shall terminate as of the date of default, but any vested rights of the Executive shall not be affected.

  • Default Remedies Termination A. In the event of early termination under this Agreement and/or any SOW, other than for material breach by Brink's, Customer agrees that actual damages might be sustained by Brink's which are uncertain and would be difficult to determine. Customer hereby agrees to pay Brink's, as liquidated damages and not as a penalty, all remaining charges that would have been payable to Brink's from the date of termination up to and including the date of expiration of the then current term of this Agreement, plus any capital costs incurred by Brink's as a result of entering into this Agreement. Should Customer default in the payment to Brink's of any amounts due under this Agreement, then Customer shall also be responsible for interest as provided above and all attorney's fees, costs and expenses incurred by Brink's in the collection of such past due amounts. The past due amounts, interest and collection costs constitute "Unpaid Obligations". In addition to the other remedies provided in this Agreement and under applicable law, Customer hereby agrees that Brink's shall be permitted to retain as a credit and to offset against such Unpaid Obligations, on a dollar for dollar basis, any Property which Brink's has in its possession under this Agreement. B. Either party may terminate this Agreement in the event of a material breach of this Agreement (including non-payment) by the other party, provided that such breach continues for a period of thirty (30) days after receipt by the breaching party of written Notice from the non-breaching party specifying the nature of such breach. No written Notice is required if the breach is non-payment of amounts due. If such breach is cured within the applicable cure period, then this Agreement shall continue in full force and effect.

  • Termination for Default; Remedies 8.2.1 Each of the following shall constitute an immediate event of default (“Event of Default”) under this Agreement: (a) Contractor fails or refuses to perform or observe any term, covenant or condition contained in any of the following Sections of this Agreement: