Consequences of Breach or Non-Performance Clause Samples

The "Consequences of Breach or Non-Performance" clause defines what happens if one party fails to fulfill their contractual obligations. Typically, this clause outlines the remedies available to the non-breaching party, such as the right to terminate the agreement, claim damages, or require specific performance. It may also specify procedures for notification and timeframes for remedying the breach. The core function of this clause is to provide a clear framework for addressing failures in contract performance, thereby managing risk and ensuring both parties understand the repercussions of non-compliance.
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Consequences of Breach or Non-Performance. The Recipient shall promptly notify the Provider of any failure by the Provider to perform one or more of the Management Services in accordance with the terms of this Agreement. In the event that the Provider (a) does not cure such non-performance within ten (10) Business Days of the receipt of such notice (the “Cure Period”), or (b) has not performed a particular Management Service in accordance with the terms of this Agreement for thirty (30) Business Days in the aggregate, then the Recipient may terminate such Management Service(s) by delivering notice to the Provider. Upon such termination, neither the Recipient nor the Provider shall have any further obligations hereunder (except that the Provider shall continue to be entitled to payment of fees as provided in Section 5.01 and to reimbursement of costs as provided in Section 5.02, and the provisions of this Section 3.02 and Articles VI and IX shall survive). No termination of this Agreement as herein provided shall relieve any Party of any liability it may have for any breach of its obligations hereunder.
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Consequences of Breach or Non-Performance. The Purchasers shall promptly notify the Provider of any failure by the Provider to perform one or more of the Services in accordance with the terms of this Agreement. In the event that the Provider does not cure such non-performance within thirty (30) business days of the receipt of such notice, the Purchasers may terminate such Service(s) by delivering notice to the Provider.
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Consequences of Breach or Non-Performance. (a) The Purchaser shall promptly notify the Provider of any failure by the Provider to perform one or more of the Transition Services in accordance with the terms of this Agreement. In the event that the Provider (a) does not cure such non-performance within ten (10) Business Days of the receipt of such notice (the "Cure Period"), or (b) has not performed a particular Transition Service in accordance with the terms of this Agreement for thirty (30) Business Days in the aggregate, then the Purchaser may terminate such Transition Service(s) by delivering notice to the Provider and the Provider shall be obligated to pay to the Purchaser liquidated damages as set forth in Section 2.03 hereof. No liquidated damages shall be payable by the Provider with respect to non-performance before or during any Cure Period, however, the Purchaser shall receive a pro-rata reduction in the fees payable by the Purchaser for the period of time, including the Cure Period, for which the Provider failed to perform its obligations. (b) Notwithstanding anything to the contrary in this Agreement, including Section 2.02(a) above, ONEOK shall promptly notify CCE of any failure of Enron or its Affiliates to perform one or more of the Enron Services in accordance with the terms of this Agreement. CCE shall request, and shall use commercially reasonable efforts to have such request honored, that Enron cure such non-performance; provided, however, that CCE shall not be required to cure such non-performance by Enron or its Affiliates nor shall CCE be liable for any damages (including any liquidated damages referred to in this Agreement) caused by such non-performance by Enron or its Affiliates, as long as CCE uses commercially reasonable efforts to have such requests honored. (c) Notwithstanding anything to the contrary in this Agreement, and as long as CCE requests, and uses commercially reasonable efforts to have such requests honored, that Enron provide the Enron Services, CCE shall not be required to cure any non-performance of CCE Services to the extent caused by the failure of Enron and its Affiliates to provide the Enron Services to CCE and its Affiliates or to the Transfer Group Companies and/or the Northern Border Companies nor shall CCE be liable for the non-performance of any CCE Services including any damages (including any liquidated damages referred to in this Agreement) to the extent caused by the failure of Enron and its Affiliates to provide the Enron Services set forth in...
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Related to Consequences of Breach or Non-Performance

  • Consequences of Breach Without prejudice to Clause 8, Funding, the Mortgages Trustee and the Security Trustee severally acknowledge to and agree with the Seller, and the Security Trustee acknowledges to and agrees with Funding and the Mortgages Trustee, that the Seller shall have no liability or responsibility (whether, in either case, contractual, tortious or delictual, express or implied) for any loss or damage for or in respect of any breach of, or any act or omission in respect of, any of its obligations hereunder other than loss or damage directly (and not indirectly or consequentially) suffered by the Mortgages Trustee and/or Funding or the assets comprised in the security constituted by the Funding Deed of Charge by reason of such breach, act or omission. For this purpose (and without limiting the scope of the above exclusion in respect of indirect or consequential loss or damage), any loss or damage suffered by the Mortgages Trustee and/or Funding or such assets which would not have been suffered by it or such assets had the breach, act or omission in question not also been or given rise to a Note Event of Default or enforcement of the security constituted by the Funding Deed of Charge shall be treated as indirect or consequential loss or damage.

  • Financial Consequences for Nonperformance The State reserves the right to withhold payment or implement other appropriate remedies, such as contract termination or nonrenewal, when the Contractor has failed to perform under or comply with the provisions of this contract. When or if the Contractor fails to perform or comply with provisions of this contract, the Contractor has ten (10) calendar days from receipt of Complaint to Vendor Form (PUR 7017) to comply as instructed within the notice. An amount of $500.00 may be assessed for each day the Contractor is delinquent after the ten (10) day notice period ends, and that amount may be withheld from a Contractor’s invoice. The rights and remedies of the State in this paragraph are not considered penalties and are in addition to any other rights and remedies provided by law.

  • Non-Performance The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined.

  • Excuse for Nonperformance or Delayed Performance Except with respect to defaults of subcontractors, Contractor/Vendor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor has notified the Commission or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

  • Excuse from performance of obligations If the Affected Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Event, it shall be excused from performance of such of its obligations to the extent it is unable to perform on account of such Force Majeure Event; provided that: (a) the suspension of performance shall be of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (b) the Affected Party shall make all reasonable efforts to mitigate or limit damage to the other Party arising out of or as a result of the existence or occurrence of such Force Majeure Event and to cure the same with due diligence; and (c) when the Affected Party is able to resume performance of its obligations under this Agreement, it shall give to the other Party notice to that effect and shall promptly resume performance of its obligations hereunder.