BREACH OF CONTRACT / DEFAULT Sample Clauses

The Breach of Contract / Default clause defines what constitutes a failure by one party to fulfill their contractual obligations. It typically outlines the specific actions or omissions that are considered breaches, such as late payments, failure to deliver goods or services, or violation of agreed terms, and may describe the process for notifying the breaching party and any grace periods for remedying the default. This clause serves to clarify the consequences of non-performance and provides a structured process for addressing and resolving breaches, thereby protecting the interests of both parties and reducing uncertainty in the event of a dispute.
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BREACH OF CONTRACT / DEFAULT. Should the aftercare fees or any part thereof not be paid on the due date as indicated in clauses 3.1.1 to
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BREACH OF CONTRACT / DEFAULT. Should the school fees or any part thereof not be paid on the due date as indicated in clauses 3.1.1 to
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BREACH OF CONTRACT / DEFAULT. Upon breach or default, PSA shall give the Contractor written notice of default. If the default is not remedied, within a reasonable specified time from date of notification, to the satisfaction and approval of PSA, default will be declared. Upon breach of contract or default, PSA may exercise any and all of its rights afforded by law, including but not limited to those referenced herein.
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BREACH OF CONTRACT / DEFAULT. 1. In the event that the user is unable to fulfill the obligations under the agreement due to force majeure or because a third party or supplier engaged by the user for the execution of the agreement fails to meet its obligations, the user is entitled to extrajudicially terminate the agreement between the parties or suspend the performance of its obligations for a reasonable period without being liable for damages. If the aforementioned situation arises while the agreement has been partially executed, the counterparty is required to fulfill its obligations to the user relating to the period up to that point, in any case. 2. Force majeure, as referred to in section 1, includes, among other things: war, riots, mobilization, domestic and foreign disturbances, government measures, strikes, and lockouts, or the threat thereof, disturbances of currency relations, business disruptions, such as fire, accidents, or other incidents, natural phenomena, regardless of whether these circumstances affect the user's business or those of third parties or suppliers engaged by the user, or a previous link in the chain. 3. In case the counterparty in any way defaults in promptly meeting its obligations to the user, including payment, requests a suspension of payments, is declared bankrupt, has its assets seized, makes a composition with its creditors, or undergoes liquidation, all amounts owed by the counterparty to the user under any contract become immediately due and payable.
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BREACH OF CONTRACT / DEFAULT. 18.1. Should the aftercare fees or any part thereof not be paid on the due date as indicated in clauses 8.1 to 8.7 above, or should both the parent/s or guardian/s not comply with any of the terms as stipulated in this contract, then the management of the Aftercare may, without prejudicing any of its rights in terms of this contract, be entitled to; 18.2. Demand from both parents for the immediate payment of the outstanding amount/s due and payable upon either written, or electronic or telephonic request to do so! 18.3. The management of the Aftercare will have the right to recover the costs incurred in following up with parents who are in arrears with aftercare fees, either by telephone, sms, WhatsApp or email. The management will furthermore also have the right to recover the costs of advising parents in arrears by letter where all previous forms of communication has failed in the collection of such arrear aftercare fees 18.4. Should both parent/s or guardians/s not comply with this demand, then the management of the Aftercare has the right to either, after giving both the parent/s or guardian/s 7 (seven) days written notice to this effect, to cancel the contract of tuition with immediate effect and / or to refer the matter to a debt collector and / or attorney for collection of outstanding fees 18.5. Should the management of the Aftercare choose to refer the matter to a debt collector and or attorney in terms of this contract, then all costs relating to such collection shall be borne by (both) parent/s or guardian/s without prejudice to any of the rights of the Aftercare in terms of this contract 18.6. Should the management of the Aftercare choose to cancel this contract as a result of a breach of any of the terms or conditions of this contract, either for a first-time breach or for repeated breaches, then both parent/s or guardian/s will be required to immediately remove the learner/child from the Aftercare premises and pay all arrear aftercare fees up to the date of termination of this contract 18.7. All parties to this contract agree that both parents may be contacted, irrespective of marital status, where there is a breach of a financial or any other clause or condition of this contract
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BREACH OF CONTRACT / DEFAULT. CONSULTANT acknowledges and agrees that in the event of a breach or default of this Agreement by CONSULTANT, DISTRICT will suffer irreparable harm and will therefore be entitled to monetary damages as sustained by DISTRICT and/or injunctive relief to enforce this Agreement.
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BREACH OF CONTRACT / DEFAULT. Should the aftercare fees or any part thereof not be paid on the due date as indicated as stipulated in this contract, then the management of the school may, without prejudicing any of its rights in terms of this contract, be entitled to; Demand immediate payment of the outstanding amount/s due and payable upon either written, electronic or telephonic request to do so Should both parent/s or guardians/s not comply with this request, then the management 7 (seven) days written notice to this effect, to cancel the aftercare contract with immediate effect and / or to refer the matter to a debt collector and / or attorney for collection of outstanding amounts Should the management of the school choose to refer the matter to a debt collector and / or attorney in terms of the abovementioned clause, then all costs relating to to any of the rights of the aftercare/school in terms of this contract Should the management of the school choose to cancel this contract as a result of all arrear aftercare fees up to the date of cancellation
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Related to BREACH OF CONTRACT / DEFAULT

  • 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.

  • BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the Contractor or the Contractor’s subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this contract. The duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.

  • 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.

  • Breach of Contract Claims To the extent that Chapter 2260, Texas Government Code, is applicable to this Agreement and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, will be used by University and Contractor to attempt to resolve any claim for breach of contract made by Contractor that cannot be resolved in the ordinary course of business. The chief business officer of University will examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve the claims. The parties specifically agree (i) neither execution of this Agreement by University nor any other conduct, action or inaction of any representative of University relating to this Agreement constitutes or is intended to constitute a waiver of University’s or the state's sovereign immunity to suit; and (ii) University has not waived its right to seek redress in the courts.

  • 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.