DEFAULT AND CANCELLATION Sample Clauses
The "Default and Cancellation" clause defines the circumstances under which a party may be considered in breach of contract and the resulting rights of the non-breaching party to terminate the agreement. Typically, this clause outlines what constitutes a default, such as failure to make payments or perform obligations, and describes the process for providing notice and an opportunity to cure the default before cancellation occurs. Its core function is to provide a clear mechanism for ending the contract if one party fails to meet their responsibilities, thereby protecting both parties from ongoing non-performance and clarifying the consequences of breach.
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DEFAULT AND CANCELLATION. 6.1 If the supplier breaches any term of the contract then, at the sole option of the Council, and without prejudice to any other remedy or right, the Council may:
(a) If the term relates to goods, reject the goods in whole or in part and return the goods to the supplier at the supplier's risk and expense including the cost of packing, transporting, insuring and handling the rejected goods and the supplier must immediately reimburse the Council for any monies paid in respect of the returned goods;
(b) If the term relates to goods, require the supplier to replace, repair, reinstate or re-supply the goods at the supplier's expense so that they conform to the contract or may have the goods replaced, repaired or re-supplied by another person and recover the cost of doing so from the supplier;
(c) If the term relates to services, require the supplier to perform the services again to the required standard at the supplier's expense or may have the services re-supplied by another person and recover the cost of doing so from the supplier;
(d) If the term relates to health and safety, immediately terminate (or suspend supplier’s performance of) this contract in whole or in part and/or any order by written notice to supplier;
(e) and/or suspend payment for the goods and/or services until the breach has been remedied to the Council’s reasonable satisfaction. Any contract suspension is not to the Council ’s financial account.
6.2 The Council may terminate the contract or cancel any order effective immediately if the supplier breaches any provision of the contract and fails to remedy the breach within 10 days of giving written notice to the supplier specifying the breach and requiring it to be remedied. Breach of clause 5 and/or 12 by the supplier may be deemed as breach of the contract whether or not the Council elects to accept the goods and/or services in question.
6.3 The Council may, by written notice to the supplier, terminate the contract or cancel any order immediately if the supplier becomes bankrupt, ceases to carry on business, goes into liquidation, becomes insolvent, appoints a receiver or enters into a formal proposal for a compromise with its creditors under the Companies Act 1993.
6.4 The Council may terminate this contract by giving the supplier 10 days written notice. In the event that the Council does so, this contract will terminate and any outstanding orders at the end of the period of notice will be deemed cancelled.
6.5 Subject to the Council’s ri...
DEFAULT AND CANCELLATION. 20.1 In the event of a party breaching the terms of this agreement and thereafter failing to remedy its breach:
20.1.1 within 7 days after receipt of written notice from the other party calling upon him to rectify such breach, the other party shall be entitled to claim damages from the defaulting party in terms of this agreement, this includes either parties right to bring the claim before an applicable court;
20.1.2 furthermore, should the defaulting party fail to remedy it’s breach within 20 days after receipt of written notice, the other party shall be entitled to cancel this agreement notwithstanding any steps already taken in terms of the other party’s enforcement of his rights in terms of this agreement.
20.2 Should this agreement be cancelled for any reason whatsoever, the Tenant and any other person occupying the Premises, shall immediately vacate the Premises.
20.3 Should the Landlord cancel this agreement and the Tenant dispute the right to cancel and remain in occupation of the Premises, the Tenant shall, pending the determination of the dispute, continue to pay all amounts due in terms of this agreement on the due date and the Landlord shall be entitled to accept such payments without prejudice to the Landlord’s claim for cancellation of this agreement. Upon the determination of the dispute the payments made in terms of this clause shall be deemed to be amounts paid by the Tenant on account of the holding over.
20.4 If the Consumer Protection Act is applicable to this agreement:
20.4.1 It is recorded that the Tenant is entitled to cancel this agreement upon providing to the Landlord, 20 business days written notice of his intention to cancel this agreement. In the event of this occurrence the Tenant shall be liable to the Landlord for a reasonable cancellation penalty.
20.4.2 The parties hereby agree that a reasonable cancellation penalty shall amount to not less than the agent’s commission payable by the Landlord for the remaining months of this agreement that were not realised.
20.4.3 In the event of 21.4.1 above occurring, the Landlord undertakes to take all steps necessary to place a new tenant as soon as possible.
DEFAULT AND CANCELLATION a) If the Contractor fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute default. Unless the Contractor's default is excused, the County, through the Department, may, upon written notice, immediately cancel this Agreement in its entirety.
b) This Agreement may be cancelled with or without cause by either party upon thirty days' written notice.
DEFAULT AND CANCELLATION. A contract may be canceled or annulled at the contractor's expense upon non-performance of contract, or breach, by the contractor, of any of his obligations. Failure of contractor to cure such non-performance or breach within ten working days after the receipt of notice, shall be sufficient cause for the cancellation of the contract in question, the cancellation of all outstanding contracts or sub-contracts held by the contractor, and the suspension or debarment of the contractor from future procurements.
• a. Failure of a contractor to deliver or perform within the time specified, or within reasonable time as interpreted by the Purchasing Agent or failure to make replacement of rejected articles, when so requested, immediately or as directed by the Purchasing Agent, will cause the Purchasing Agent to purchase in the open market to replace those rejected or not delivered. The Purchasing Agent reserves the right to authorize immediate purchase in the open market against rejections on any contract when necessary. On all such purchases, the contractor, or his surety, agrees to promptly reimburse the State for excess costs occasioned by such default. Should the cost be less, the contractor shall have no claim to the difference.
DEFAULT AND CANCELLATION. If default is made in the payment of any installment of Rent on the due date thereof, or if Lessee shall default in the performance of any other term or condition of this Lease Agreement (other than payment of rent) and such default (other than payment of rent) exists for sixty (60) days after written notice thereof, or if the premises be vacated or abandoned in violation of the terms of this Lease Agreement, then in any such event, in addition to and not in limitation of any other remedy permitted by law, this Lease Agreement shall terminate, at the option of Lessor.
DEFAULT AND CANCELLATION a) If the Independent Contractor fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute default. Unless the Independent Contractor's default is excused, the County, through the Department, may, upon written notice, immediately cancel this Agreement in its entirety. Further, upon the Independent Contractor’s default, the County shall have the right to retain the bidder’s bond submitted by the Independent Contractor, and to pursue any and all legal remedies.
b) This Agreement may be cancelled with or without cause by either party upon thirty days' written notice.
DEFAULT AND CANCELLATION. A. If either party fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, it shall be in default. Unless the defaulting party’s default is excused by the other party, the non- defaulting party may upon written notice immediately cancel this Agreement in its entirety.
B. A party’s failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement.
C. This Agreement may be canceled with or without cause by either party upon thirty
DEFAULT AND CANCELLATION. Failure of the MCCD to perform any of its obligations under this Agreement to the satisfaction of the CDA will constitute a default hereunder. Unless MCCD’s default is cured within 15 days following notice by the CDA, the CDA may (i) cancel this Agreement in its entirety by 5 additional days’ written notice to MCCD, or (ii) withhold payment from MCCD as long as such default continues. The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. By:_ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Executive Director Date: 3/10/2021 By: Printed Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇ Printed Title: Chief Executive Officer Municipality Local Government Entity Total Fee CDA Share of Fee Local Government Entity Participation Fee Eagan Eagan Economic Development Authority $15,000 $7,500 $7,500 Burnsville City of Burnsville $15,000 $7,500 $7,500 Lakeville City of Lakeville $15,000 $7,500 $7,500 Apple Valley Apple Valley Economic Development Authority $13,000 $6,500 $6,500 Inver Grove Heights Inver Grove Heights Economic Development Authority $11,000 $5,500 $5,500 Hastings Hastings Economic Development and Redevelopment Authority $9,000 $4,500 $4,500 Rosemount Rosemount Port Authority $9,000 $4,500 $4,500 Farmington Farmington Economic Development Authority $9,000 $4,500 $4,500 South St. ▇▇▇▇ South St. ▇▇▇▇ Economic Development Authority $9,000 $4,500 $4,500 West St. ▇▇▇▇ ▇▇▇▇ St. ▇▇▇▇ Economic Development Authority $9,000 $4,500 $4,500 Mendota Heights City of Mendota Heights $5,000 $2,500 $2,500 Small Cities and Townships n/a $6,000 $6,000 $0 Total $125,000 $65,500 $59,500 MCCD will provide intensive one-on-one technical assistance to Municipalities’ and Small Cities’ and Townships’ businesses, residents and aspiring entrepreneurs intending to establish, purchase, or improve a business in Municipalities and Small Cities and Townships within Dakota County (the “County”). MCCD will dedicate one full time staff person based in the County to provide the Technical Assistance Services (“Dakota OTB Staff”). In addit...
DEFAULT AND CANCELLATION. If any one or more of the following events occur namely:
DEFAULT AND CANCELLATION. 12 12. RENT REVIEW 13 13. RENEWAL 13 14. AMENDMENTS 13 15. ENTIRE AGREEMENT 14 16. GOVERNING LAW 14