BREACH OF THESE TERMS AND CONDITIONS Clause Samples

The 'Breach of These Terms and Conditions' clause defines the consequences and procedures that apply if either party fails to comply with the agreed-upon terms. Typically, this clause outlines what constitutes a breach, the steps the non-breaching party may take—such as providing notice, demanding remedy, or seeking damages—and may specify timeframes for curing the breach. Its core function is to provide a clear framework for addressing violations, thereby protecting the interests of both parties and ensuring accountability within the contractual relationship.
BREACH OF THESE TERMS AND CONDITIONS. The Participant shall comply with the terms and conditions set forth in this Award Agreement and in the Award Letter, as well as any administrative instructions given by the Company regarding the same from time to time. If the Participant breaches the terms and conditions set forth in the Plan, this Award Agreement and/or in the Award Letter and/or any administrative instructions given by the Company, the Company may in its discretion, at any time prior to the Delivery Date, cancel the Grant of Units.
BREACH OF THESE TERMS AND CONDITIONS. If you breach this agreement or suffer a bankruptcy order to be presented against you or call any meeting of your creditors or execute any assignment for their benefit, we may, after due notice, terminate this agreement and you will no longer be in possession of the Bicycle with our consent.
BREACH OF THESE TERMS AND CONDITIONS. Without prejudice to Smart Circle’s other rights under these Terms, if you breach these terms and conditions in any way, Smart Circle may take any such action as it deems appropriate to deal with the breach, including suspending your access to the Dashboard, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you. Smart Circle will not be liable for any delay, interruption or failure in the provision of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes or other similar events beyond our control that may prevent or delay service provision.
BREACH OF THESE TERMS AND CONDITIONS. 12.1 Omega Car Rentals shall have the right to terminate the Rental Agreement and take immediate possession of the Vehicle at any time if You or an Authorised Driver breach these terms and conditions. 12.2 Breaches of this Rental Agreement will result in You paying for: (a) all costs to rectify the Vehicle to its original condition or replacement of the Vehicle; and/or (b) loss of rental revenue to Omega Car Rentals; and/or (c) damage to third party property being Your full responsibility; and/or (d) all costs for towing, storage and recovery of the Vehicle. 12.3 You will be entitled to terminate this Rental Agreement if Omega Car Rentals breaches its terms and conditions.
BREACH OF THESE TERMS AND CONDITIONS. When we consider that a breach of these Terms and Conditions has occurred, we may take such action as we deem appropriate.
BREACH OF THESE TERMS AND CONDITIONS. 20.1. In the event that BiP considers or determines, at its sole discretion, that You have breached any provision of this Agreement or have otherwise demonstrated inappropriate conduct in the use of the Service, BIP reserves the absolute right, at its sole discretion to: a. Warn You that You have breached the Terms and Conditions and request that You to discontinue such conduct; and/or b. Discontinue Your membership of the Service and / or any other related services, including paid for content / features; and/or c. Take measures (including terminating, suspending or restricting Your use of the Service) to prevent You from using the Service or linking to or accessing the website; and/or d. Terminate this Agreement with immediate effect. 20.2. If BiP terminates this Agreement or suspends Your account for any of the reasons set out in Clause 20.1, BiP shall have no liability or responsibility to You, and BiP will not refund any amounts that You have previously paid.
BREACH OF THESE TERMS AND CONDITIONS. If the NRA is in breach of these Terms and Conditions, the Agency is entitled to prevent or restrict the use of the Service for the NRA, in accordance with the provisions of Section 6.5.
BREACH OF THESE TERMS AND CONDITIONS. (a) The Owner shall have the right to terminate this Agreement and take immediate possession (without prior demand) of the Vehicle at any time if You breach your obligations under this Agreement. (b) Breaches of this Agreement will result in You paying for (without limitation, and without in any way limiting any other provision of this Agreement): (i) all costs to restore the Vehicle to its original condition or replacement of the Vehicle; and/or (ii) loss of the revenue to the Owner; and/or (iii) damage to third party property being Your full responsibility; and/or (iv) all costs of towing, storage and recovery of the Vehicle. (c) For the avoidance of doubt, in the event of termination of this document: (i) the unpaid balance of any fees payable under clause 11.1 (or otherwise under this Agreement) become immediately due and payable to the Owner. (ii) You must return the Vehicle in accordance with clauses 2 and 8. (d) Without limiting clause 12(b), upon termination of this Agreement by the Owner in accordance with this Agreement, You must pay to the Owner all costs and expenses reasonably incurred by the Owner in connection with any such termination, including all costs and expenses reasonably incurred in: (i) undertaking any works to the Vehicle; (ii) recovering possession of the Vehicle if You fail to return the Vehicle in accordance with the terms of this Agreement and such costs and expenses are also payable by You to the Owner if You fail to return the Vehicles in accordance with this Agreement.
BREACH OF THESE TERMS AND CONDITIONS. 14.1 Europcar shall have the right to terminate the Rental Agreement and take immediate possession of the Vehicle at any time if You or an Authorised Driver breach these terms and conditions. 14.2 Breaches of this Rental Agreement will result in You paying for: (a) all costs to rectify the Vehicle to its original condition or replacement of the Vehicle; and/or (b) loss of rental revenue to Europcar; and/or (c) damage to third party property being Your full responsibility; and/or (d) all costs for towing, storage and recovery of the Vehicle. 14.3 You will be entitled to terminate this Rental Agreement if Europcar breaches its terms and conditions.

Related to BREACH OF THESE TERMS AND CONDITIONS

  • Breach of Terms and Conditions In case of breach of any terms and conditions as mentioned above, the Competent Authority, will have the right to cancel the work order/ job without assigning any reason thereof and nothing will be payable by AIIMS, Jodhpur in that event the security deposit shall also stands forfeited.

  • Terms and Conditions of this Agreement 1. The PROVIDER retains ownership of the MATERIAL, including any MATERIAL contained or incorporated in MODIFICATIONS. 2. The RECIPIENT retains ownership of: (a) MODIFICATIONS (except that, the PROVIDER retains ownership rights to the MATERIAL included therein), and (b) those substances created through the use of the MATERIAL or MODIFICATIONS, but which are not PROGENY, UNMODIFIED DERIVATIVES or MODIFICATIONS (i.e., do not contain the ORIGINAL MATERIAL, PROGENY, UNMODIFIED DERIVATIVES). If either 2 (a) or 2 (b) results from the collaborative efforts of the PROVIDER and the RECIPIENT, joint ownership may be negotiated. 3. The RECIPIENT and the RECIPIENT SCIENTIST agree that the MATERIAL: (a) is to be used solely for teaching and academic research purposes; (b) will not be used in human subjects, in clinical trials, or for diagnostic purposes involving human subjects without the written consent of the PROVIDER; (c) is to be used only at the RECIPIENT organization and only in the RECIPIENT SCIENTIST's laboratory under the direction of the RECIPIENT SCIENTIST or others working under his/her direct supervision; and (d) will not be transferred to anyone else within the RECIPIENT organization without the prior written consent of the PROVIDER. 4. The RECIPIENT and the RECIPIENT SCIENTIST agree to refer to the PROVIDER any request for the MATERIAL from anyone other than those persons working under the [[Page 12774]] RECIPIENT SCIENTIST's direct supervision. To the extent supplies are available, the PROVIDER or the PROVIDER SCIENTIST agrees to make the MATERIAL available, under a separate implementing letter to this Agreement or other agreement having terms consistent with the terms of this Agreement, to other scientists (at least those at NONPROFIT ORGANIZATION(S)) who wish to replicate the RECIPIENT SCIENTIST's research; provided that such other scientists reimburse the PROVIDER for any costs relating to the preparation and distribution of the MATERIAL. (a) The RECIPIENT and/or the RECIPIENT SCIENTIST shall have the right, without restriction, to distribute substances created by the RECIPIENT through the use of the ORIGINAL MATERIAL only if those substances are not PROGENY, UNMODIFIED DERIVATIVES, or MODIFICATIONS. (b) Under a separate implementing letter to this Agreement (or an agreement at least as protective of the PROVIDER's rights), the RECIPIENT may distribute MODIFICATIONS to NONPROFIT ORGANIZATION(S) for research and teaching purposes only. (c) Without written consent from the PROVIDER, the RECIPIENT and/or the RECIPIENT SCIENTIST may NOT provide MODIFICATIONS for COMMERCIAL PURPOSES. It is recognized by the RECIPIENT that such COMMERCIAL PURPOSES may require a commercial license from the PROVIDER and the PROVIDER has no obligation to grant a commercial license to its ownership interest in the MATERIAL incorporated in the MODIFICATIONS. Nothing in this paragraph, however, shall prevent the RECIPIENT from granting commercial licenses under the RECIPIENT's intellectual property rights claiming such MODIFICATIONS, or methods of their manufacture or their use. 6. The RECIPIENT acknowledges that the MATERIAL is or may be the subject of a patent application. Except as provided in this Agreement, no express or implied licenses or other rights are provided to the RECIPIENT under any patents, patent applications, trade secrets or other proprietary rights of the PROVIDER, including any altered forms of the MATERIAL made by the PROVIDER. In particular, no express or implied licenses or other rights are provided to use the MATERIAL, MODIFICATIONS, or any related patents of the PROVIDER for COMMERCIAL PURPOSES. 7. If the RECIPIENT desires to use or license the MATERIAL or MODIFICATIONS for COMMERCIAL PURPOSES, the RECIPIENT agrees, in advance of such use, to negotiate in good faith with the PROVIDER to establish the terms of a commercial license. It is understood by the RECIPIENT that the PROVIDER shall have no obligation to grant such a license to the RECIPIENT, and may grant exclusive or non-exclusive commercial licenses to others, or sell or assign all or part of the rights in the MATERIAL to any third party(ies), subject to any pre-existing rights held by others and obligations to the Federal Government. 8. The RECIPIENT is free to file patent application(s) claiming inventions made by the RECIPIENT through the use of the MATERIAL but agrees to notify the PROVIDER upon filing a patent application claiming MODIFICATIONS or method(s) of manufacture or use(s) of the MATERIAL. 9. Any MATERIAL delivered pursuant to this Agreement is understood to be experimental in nature and may have hazardous properties. The PROVIDER MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE MATERIAL WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY RIGHTS. 10. Except to the extent prohibited by law, the RECIPIENT assumes all liability for damages which may arise from its use, storage or disposal of the MATERIAL. The PROVIDER will not be liable to the RECIPIENT for any loss, claim or demand made by the RECIPIENT, or made against the RECIPIENT by any other party, due to or arising from the use of the MATERIAL by the RECIPIENT, except to the extent permitted by law when caused by the gross negligence or willful misconduct of the PROVIDER. 11. This agreement shall not be interpreted to prevent or delay publication of research findings resulting from the use of the MATERIAL or the MODIFICATIONS. The RECIPIENT SCIENTIST agrees to provide appropriate acknowledgement of the source of the MATERIAL in all publications. 12. The RECIPIENT agrees to use the MATERIAL in compliance with all applicaple statutes and regulations, including Public Health Service and National Institutes of Health regulations and guidelines such as, for example, those relating to research involving the use of animals or recombinant DNA. 13. This Agreement will terminate on the earliest of the following dates: (a) when the MATERIAL becomes generally available from third parties, for example, though reagent catalogs or public depositories or (b) on completion of the RECIPIENT's current research with the MATERIAL, or (c) on thirty (30) days written notice by either party to the other, or (d) on the date specified in an implementing letter, provided that: (i) if termination should occur under 13(a), the RECIPIENT shall be bound to the PROVIDER by the least restrictive terms applicable to the MATERIAL obtained from the then-available resources; and (ii) if termination should occur under 13(b) or (d) above, the RECIPIENT will discontinue its use of the MATERIAL and will, upon direction of the PROVIDER, return or destroy any remaining MATERIAL. The RECIPIENT, at its discretion, will also either destroy the MODIFICATIONS or remain bound by the terms of this agreement as they apply to MODIFICATIONS; (iii) in the event the PROVIDER terminates this Agreement under 13(c) other than for breach of this Agreement or for cause such as an imminent health risk or patent infringement, the PROVIDER will defer the effective date of termination for a period of up to one year, upon request from the RECIPIENT, to permit completion of research in progress. Upon the effective date of termination, or if requested, the deferred effective date of termination, RECIPIENT will discontinue its use of the MATERIAL and will, upon direction of the PROVIDER, return or destroy any remaining MATERIAL. The RECIPIENT, at its discretion, will also either destroy the MODIFICATIONS or remain bound by the terms of this agreement as they apply to MODIFICATIONS. 14. Paragraphs 6, 9, and 10 shall survive termination. 15. The MATERIAL is provided at no cost, or with an optional transmittal fee solely to reimburse the PROVIDER for its preparation and distribution costs. If a fee is requested by the PROVIDER, the amount will be indicated in an implementing letter.

  • CONTRACT TERMS AND CONDITIONS This section sets forth the terms and conditions of the Contract.

  • 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.

  • Standard Terms and Conditions Executive expressly understands and acknowledges that the Standard Terms and Conditions attached hereto are incorporated herein by reference, deemed a part of this Agreement and are binding and enforceable provisions of this Agreement. References to “this Agreement” or the use of the term “hereof” shall refer to this Agreement and the Standard Terms and Conditions attached hereto, taken as a whole.