Breaches of Agreement Clause Samples
The 'Breaches of Agreement' clause defines what constitutes a violation of the terms set out in the contract and outlines the consequences of such violations. Typically, this clause specifies the actions or omissions that will be considered breaches, such as failure to deliver goods or services on time, non-payment, or unauthorized disclosure of confidential information. It may also detail the process for notifying the breaching party and any remedies available, such as the right to terminate the agreement or seek damages. The core function of this clause is to provide a clear framework for addressing and resolving instances where one party does not fulfill their contractual obligations, thereby protecting the interests of both parties and reducing the risk of disputes.
Breaches of Agreement. Hexcel’s obligation to make payments to Employee hereunder is subject to the further conditions precedent (a) that Employee has not breached or violated any term, convenant or provision of this Agreement, including, without limitation, those set forth in Section 3.2, and (b) Employee has not engaged in any of the acts mentioned in Section 4.2 while an employee of Hexcel, which acts are discovered subsequent to Employee’s retirement or other termination of employment. In case of any such breach or violation under clause (a) or if Employee has engaged in the acts referred to in clause (b) all of Employee’s rights and benefits hereunder shall terminate.
Breaches of Agreement. Breaches defined 21.2 Injunctive relief
Breaches of Agreement. The Parties expressly understand that both direct and indirect breaches of the provisions of this Agreement are proscribed. Therefore, the Settling Claimants, PG&E Corporation, their respective Releasors, and Edison International, on the one hand, and the El Paso Releasors, on the other hand, covenant that each will not institute or prosecute, against the other or their respective Releasees any action or other proceeding based in whole or in part upon their respective Claims released by this Agreement, except as expressly permitted in Paragraph 5 of this Agreement.
Breaches of Agreement. The Parties expressly understand that both direct and indirect breaches of the provisions of this Agreement are proscribed. Therefore, the Settling Claimants covenant that each will not institute or prosecute, directly or indirectly, any action or other proceeding based in whole or in part upon their respective Claims released by this Agreement, except as expressly permitted in Paragraph 5.2 of this Agreement.
Breaches of Agreement. 21.1 The Developer shall be deemed to be in breach of this agreement if there is:
(i) failure to commence construction of the works and services contemplated by the plans, the additional plans, and this agreement, within the time contemplated in this agreement;
(ii) failure to complete construction of the works and services contemplated by the plans, the additional plans, and this agreement, within the time contemplated by this agreement;
(iii) failure to remedy any defect in construction of the said works and services, within the time contemplated by this agreement;
(iv) failure to properly maintain the said works and services as per this agreement;
(v) failure to install and maintain adequate siltation control devices;
(vii) unauthorized use of underground services;
(viii) failure to ensure that the contractors and builders use the designated construction access for the plan of subdivision, to the extent applicable;
(ix) failure to keep the roads in the plan of subdivision:
(a) free of mud, dust and debris;
(b) clear of obstructions;
(c) free from the storage of goods and materials; and,
(d) clear for the free flow of traffic for emergency vehicles and the general public;
(x) cancellation of any security given to guarantee performance of this agreement by the person, corporation or other body issuing such security;
(xi) cancellation of the liability insurance policy deposited by the Developer with the Township pursuant to the terms of this agreement,
(xii) any other breach of the plans, additional plans, or this agreement; and the period for curing or commencing to cure the breach, if any, has expired as set out in this Agreement. Notwithstanding anything in this agreement to the contrary, if the Township is of the opinion that the Developer is in breach of this agreement, the Township shall notify the Developer of such breach, stipulating in such notice the particulars of the breach and the action required by the Developer to remedy the breach. The Developer shall be permitted five (5) days from the Developer’s receipt of the said notice to cure the breach, or, if the breach cannot reasonably be cured within such period, to commence to cure the breach and to proceed diligently thereafter to cure the breach, during which time the Developer shall not be in breach of this agreement. The Township may undertake emergency repairs without providing the notice referred to above.
Breaches of Agreement. 10.1. The Borrower must pay the Compensatory interest rate for the period of breach of the Loan Agreement, if the Borrower breaches the terms of the present Loan Agreement or is late in making the payments related to the repayment of the Loan, does not comply with the terms and conditions of placing the Project on the platform and financing.
10.2. The Borrower must pay the Administrative Fee stipulated in the Special Part for the delayed monetary obligation (when there is a delay in making the payments related to the repayment of the Loan).
10.3. The Borrower must pay the Recovery fee specified in the Special Part when the Operator starts the Borrower's recovery procedure.
10.4. The Operator is entitled to direct the payments received to cover the debts of agreements acceptable to the Lender, when the Borrower has entered into several Loan Agreements and does not fulfil one of the Loan Agreements properly.
Breaches of Agreement. 5.1 The Applicant agrees that Misuse by the Applicant or by a Project Member is a fundamental breach of this Agreement.
5.2 Unauthorized access to, use, modification of use, unauthorized destruction or disposal, or unauthorized disclosure of PSBC Information provided under this Agreement is a fundamental breach of this Agreement and may result in termination of the Agreement by PSBC, at the sole discretion of PSBC.
5.3 The Applicant must immediately investigate any situation in which there are reasonable grounds to believe that compliance with the terms of this Agreement and with the security standards approved by PSBC pursuant to this Agreement have been or is likely to be breached. This includes, but is not limited to, any case in which it is alleged, suspected, or there is evidence that there has been unauthorized access to, use, disclosure or modification of PSBC Information, modification of a permitted use of PSBC Information provided under this Agreement, misuse of PSBC Information, a breach of confidentiality or any incident that might jeopardize or has jeopardized the security or integrity of Applicant’s storage or computer facilities.
5.4 The Applicant must immediately advise PSBC of any of the events described in paragraph 5.3 of this Agreement, and provide a detailed written report of the circumstances and of any remedial actions taken, as soon as is reasonably possible after the occurrence of the event.
5.5 Upon being notified, under Article 5.4 of this Agreement, of an instance of Misuse of the PSBC Information, breach of confidentiality, of computer or network security breach, PSBC may do any of the following:
a) Review the steps the Applicant proposes to take to address or prevent a recurrence of the Misuse;
b) Direct the Applicant to take steps specified by PSBC to prevent a recurrence of the Misuse, and the Applicant shall comply with any such directions to the satisfaction of PSBC;
c) Notify the Office of the Information and Privacy Commissioner of BC and provide that Office with a copy of any documentation;
d) Initiate an audit or require a further investigation, and cause an auditor or investigator it appoints to enter and inspect the Applicant’s premises and produce records relating to the Misuse, and despite Article 5.7, an audit or investigation commenced under this provision is not limited to normal business hours and notice to the Applicant’s is not required;
e) Immediately suspend the disclosure of PSBC Information to the Applican...
Breaches of Agreement. (a) In the event of any breach by any of the parties of the terms and conditions of this Agreement, and in the event of such party remaining in default after twenty
Breaches of Agreement. (a) In the event of any breach by any of the parties of the terms and conditions of this Agreement, and in the event of such party remaining in default after twenty (20) working day's written notice calling for rectification of the matter, the other party shall be entitled to:
(i) enforce strict compliance with the terms and condition of this Agreement; or
(ii) claim penalties calculated at a rate of 0.1 % (zero comma one percent) of the contract price (Tender Rand value) for every day the defaulting party remains in breach after the abovementioned notice period has expired; or
(iii) cancel this Agreement.
(b) Should any of the parties dispute the existence of a breach entitling the other party to the abovementioned rights and remedies, the matter(s) in issue may be referred, at the request of either party, for determination by an arbitrator to be appointed in terms of clause 19 of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, and by the reasons of the financial and social imperatives underlying this Agreement, the arbitrator shall be entitled to make an interim order to ensure that no material delays occur.
(c) Should the timeframe for the performance of the work not be met due to external reasons, not attributable to either party, it will not be considered a breach of this Agreement.
Breaches of Agreement. Failure to meet either of the following conditions constitutes a breech of the agreement and shall result in notification to the Boat owner followed by the vessel being re-launched or other designated action within 14 calendar days of that notification. Late payment or non-payment of fees. The Boat owner becoming a non-financial member.