Common use of DEFAULT AND CANCELLATION Clause in Contracts

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. 20.1 a) If either Party materially breaches any of the terms, conditions or provisions of an Agreement, and fails to cure such material breach within thirty (30) days after written notice thereof, the other Party shall have the right to terminate the Agreement and/or any Order without any further notice. b) Bluechip shall also have the right to (i) terminate an Agreement immediately if the Licensee ceases business, files for bankruptcy or becomes bankrupt or insolvent, or enters into any arrangement or composition with its creditors or if a receiver is appointed to direct the business of the Licensee, or (ii) have the right to terminate any Order immediately and cancel any unfilled portion of it if the Licensee has failed to renew a Subscription Licence in accordance with Clause 5 a) within thirty (30) days of expiration. c) If Bluechip terminates an Order pursuant to this Clause 18, no amount paid to Bluechip hereunder shall be refunded. The remedies set out herein shall be cumulative with respect to any other remedies which Bluechip may have under an Agreement or otherwise. d) Subject to: (i) all outstanding payments to Bluechip being made by the Licensee; and (ii) written certification from the Licensee that the Licensee and End User have complied with Clause 19 c), the Licensee shall have the right to terminate any relevant Order if the End User ceases business, files for bankruptcy or becomes bankrupt or insolvent. If the Licensee terminates an Order pursuant to this Clause 18 (d), no amount paid to Bluechip hereunder shall be refunded and the Licensee obligations in respect of the Agreement and all other Orders shall remain unchanged. e) In the event of a party breaching the terms Party’s uncured breach 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 breachan Agreement, the other party shall be entitled non-breaching Party may, in addition 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 withhold its performance under and/or terminate the Agreement, avail itself of all other rights, remedies and remain causes of action available at law, in occupation equity or otherwise, against such Party for damages as a result of the Premisessuch breach. Unless otherwise provided in these Conditions, 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 remedies 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 cumulative and there shall be deemed no obligation to be amounts paid by the Tenant on account of the holding overexercise a particular remedy. 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. 20.1 In 10.1 Default shall take place upon the event occurrence of the following events: 10.1.1 The failure or delay of the BUYER to pay any amount due hereunder on the date or within the period specified in this CONTRACT or in the applicable documents, for any reason whatsoever without need of demand, and is deemed to include but not limited to, cases of force majeure; 10.1.2 The failure or delay of the BUYER to comply with any covenant or obligation required to be performed or undertaken hereunder (other than the obligation to effect the payments of amounts due hereunder) or to comply with the covenants and restrictions under the MASTER DEED; 10.1.3 Cancellation by the BUYER of the sale for any reason whatsoever; 10.1.4 Concealment or misrepresentation of a party breaching material fact or information by the terms BUYER. 10.2 Upon the occurrence of this agreement and thereafter failing to remedy its breach: 20.1.1 within 7 days after receipt any of written notice from the other party calling upon him to rectify such breachevents specified in sub-Section 10.1, the other party SELLER shall be entitled to claim damages from exercise or avail of any, some or all of the defaulting party in terms of this agreementfollowing rights or remedies, this includes either parties whether cumulatively or alternatively, at its sole option: 10.2.1 The SELLER shall have the right to bring forfeit the claim before an applicable courtpayments made by the BUYER; 20.1.2 furthermore, should 10.2.2 The SELLER shall have the defaulting party fail right to remedy it’s breach within 20 days after receipt of written notice, the other party collect a penalty as provided for in Sub-Section 4.1; 10.2.3 The SELLER shall be entitled to cancel this agreement notwithstanding any steps already taken in terms CONTRACT without need of a court declaration to that effect by giving the BUYER, a written notice of cancellation sent to the address of the other partyBUYER as specified herein by registered mail or personal delivery, provided that if the default is due to BUYER’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 failure to pay all amounts due in terms of this agreement any installment on the due date and thereof, the Landlord cancellation shall be entitled to accept such payments without prejudice subject to the Landlord’s claim preceding sub-section. 10.3 Subject to the provisions of Republic Act No. 6552, should the BUYER fail to pay any amount due hereunder and/or in Annex A with the delinquency interest or penalty thereon as agreed herein within a period of sixty (60) days from the date or within the period specified for cancellation its payment during the term of this agreement. Upon CONTRACT, this CONTRACT shall, on the determination 31st day from receipt by BUYER of a notarized notice of cancellation and tender of payment of cash surrender value, if applicable, become null and void without the necessity of any judicial declaration to that effect and all payments made by BUYER under this CONTRACT shall be forfeited as liquidated damages and/or considered rentals for the use of the dispute the payments made in terms HOUSE AND LOT. The payment of this clause refund, if any, shall be deemed subject to the following deductions: 10.3.1 The reservation fee, which, when permitted under Republic Act No. 6552, shall be amounts forfeited in favor of the SELLER and applied as liquidated damages; 10.3.2 An amount equivalent to twenty percent (20%) of the total amount paid as liquidated damages; 10.3.3 Real estate broker’s commission, if any; 10.3.4 Any unpaid charges or dues on the HOUSE AND LOT; 10.3.5 Any taxes which have been paid by the Tenant BUYER on account of the holding oversale and which have been remitted by the SELLER to the appropriate government agency or instrumentality. Notwithstanding the foregoing, in the event the defaulting BUYER has paid less than two (2) years of installments, all amounts paid shall be forfeited in favor of the SELLER. 20.4 If 10.4 In the Consumer Protection Act is applicable event of cancellation of this CONTRACT, the BUYER, should he/she/it already be in possession of the HOUSE AND LOT purchased shall become a mere intruder or unlawful detainer of the same and may ejected therefrom by any means provided by law for trespassers or unlawful detainers. Should BUYER fail to vacate within fifteen (15) days from the effective date of cancellation of this agreement:CONTRACT, the BUYER shall be liable for the payment of monthly rentals at the rate of two point five percent (2.5%) of the total Purchase Price. In any event, the SELLER shall be at liberty to dispose of and sell the HOUSE AND LOT and its appurtenances to any qualified third person. 20.4.1 It is recorded that 10.5 In case of cancellation of this CONTRACT, improvements made or introduced by the Tenant is entitled BUYER on the HOUSE AND LOT, if any, shall, at the option of the SELLER, become the property of the SELLER without any obligation on the SELLER’s part to cancel this agreement upon providing to reimburse the Landlord, 20 business days written notice BUYER for the cost or value of his intention to cancel this agreementsuch improvements. In the event that SELLER shall refuse to accept the improvements, then the BUYER shall deliver the HOUSE AND LOT to the SELLER in the same physical condition that it was found at the time of this occurrence the Tenant delivery of the same to the BUYER; otherwise, any remaining improvements found on the HOUSE AND LOT shall be liable deemed automatically abandoned and the SELLER, as attorney-in-fact of the BUYER who is deemed to be fully authorized, may thereupon enter the Landlord for HOUSE AND LOT and cause the demolition or removal of such improvements, without necessity of a reasonable cancellation penaltycourt order, and charge the BUYER the cost thereof. 20.4.2 The parties hereby agree 10.6 It is understood and agreed that a reasonable cancellation penalty shall amount to not less than the agent’s commission payable no failure or delay by the Landlord for SELLER in exercising any right, power or privilege under this CONTRACT shall be construed as a waiver thereof, nor shall any single or partial exercise thereof preclude the remaining months exercise of this agreement that were any other right, power or privilege. Moreover, acceptance by the SELLER of any payments made in manner other than as herein provided shall not realisedbe construed as a variation, novation or waiver of the terms hereof. 20.4.3 10.7 In any of the event of 21.4.1 above occurringcases, the Landlord undertakes BUYER recognizes the right of, and hereby irrevocably authorized, the SELLER and/or the Association or its representatives to enter and take possession of the HOUSE AND LOT and take whatever action is necessary or advisable to protect its rights and interests in the HOUSE AND LOT including cutting off all steps necessary to place a new tenant as soon as possiblepublic utility lines on the HOUSE AND LOT.

DEFAULT AND CANCELLATION. 20.1 In If the PURCHASER commits any breach of his obligations under this agreement, and remains in default for a period of 14 (fourteen) days after having received written notice delivered to the PURCHASER as contemplated in 12 hereunder, to remedy the default, or the PURCHASER is provisionally or finally sequestrated, or liquidated as the case may be, then and in such event the CONTRACTOR shall be entitled at its option and without prejudice to any other rights which it may have in law to either: 11.1 claim immediate specific performance of a party breaching the terms PURCHASER’s obligations including payment of the full BUILDING CONTRACT PRICE; or 11.2 cancel this agreement and thereafter failing to remedy its breach:in which event- 20.1.1 within 7 days after receipt of written notice from 11.2.1 the other party calling upon him to rectify such breach, the other party CONTRACTOR shall be entitled to claim damages immediately remove all materials, goods, machinery and plant from the defaulting party in terms of this agreement, this includes either parties right to bring the claim before an applicable courtPROPERTY; 20.1.2 furthermore, should 11.2.2 the defaulting party fail to remedy it’s breach within 20 days after receipt of written notice, the other party CONTRACTOR 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 retain 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 agreement to that date, which shall be deemed to be amounts paid by become the Tenant on account sole and absolute property of the holding overCONTRACTOR without any obligations to repay such amounts or any portion thereof to the PURCHASER for whatever reason. 20.4 If 11.3 In the Consumer Protection Act is applicable to this agreement: 20.4.1 It is recorded that event of the Tenant is entitled to cancel this agreement upon providing to the Landlord, 20 business days written notice of his intention parties mutually agreeing to cancel this agreement, the CONTRACTOR shall be entitled to retain all payments made to that date and retain same as its sole property and for its own benefit without obligation to repay any amounts to the PURCHASER for whatever reason. 11.4 The above remedies shall be without prejudice to and shall not preclude the exercise of any other remedies the CONTRACTOR may have in terms of this agreement or at common law or arising from any other source whatsoever. In the event operation or the validity of this occurrence all or any of the Tenant above remedies shall be liable to not prejudice or in any way reduce 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 effectiveness and enforceability of the remaining months of this agreement that were not realisedagreement. 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. 20.1 In 9.1 If the event Supplier breaches any of the warranties contained in clause 8 or in any Contract then, without limiting the University's other rights or remedies, the University may, at its sole discretion: (a) reject the Products and/or Services in whole or in part and return the Products to the Supplier at the Supplier's risk and expense and the Supplier must immediately reimburse the University for any monies paid in respect of the returned or rejected Products or Services; or (b) require the Supplier to replace, repair, reinstate or re-supply the Products or re-perform all or part of the Services at the Supplier's expense so the Products and/or Services conform to the Contract; or (c) arrange that the Products and/or Services be replaced, repaired or re-supplied by another person and recover the cost of doing so from the Supplier. 9.2 The University may suspend payment for the Products and/or Services until the breach has been remedied. The University may set-off any amount the Supplier owes the University under the Contract, or on any account whatsoever against any amount which the University owes the Supplier under the Contract. 9.3 The University may cancel any Order on 30 days written notice if the Supplier has breached the Contract and failed to remedy the breach within seven working days after written notice has been given specifying the breach and requiring it to be remedied. Breach of any warranty by the Supplier can be treated by the University as breach of the Contract whether or not the University elects to accept the Products and/or Services. 9.4 Either party may cancel any Order immediately if the other party becomes bankrupt, ceases business, goes into liquidation, becomes insolvent, appoints a receiver or enters into a formal proposal for a compromise with creditors under the Companies Act 1993. 9.5 The Supplier may terminate the Contract by notice to the University if there is a change in the University's policies and procedures referred to in clause 8.3(i) and 13.3(a) that detrimentally affects the Supplier's ability to provide the Products or Services or materially increases the costs of providing the Products or Services. Any termination notice under this clause must be issued within 20 working days of the Supplier being notified of the change 9.6 No failure or delay on the part of a party breaching to exercise any of its right in respect of any default under the terms of this agreement and thereafter failing to remedy its breach: 20.1.1 within 7 days after receipt of written notice from Contract by 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 will prejudice its rights in terms of this agreementconnection with that default or any subsequent default. 20.2 Should this agreement 9.7 If the Order is cancelled the Supplier will return to the University all payments made. However, if upon cancellation the University elects to keep or take any Products it will pay for them but otherwise no compensation will be cancelled for any reason whatsoever, payable to the Tenant and any other person occupying the Premises, shall immediately vacate the PremisesSupplier. 20.3 Should 9.8 Cancellation of an Order does not affect any responsibilities which are intended to continue or come into effect under 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 overContract. 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. 20.1 A. If LGU 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 LGU’s default is excused by the COUNTY, the COUNTY may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for the COUNTY to delay payment until LGU’s compliance. In the event of a party breaching decision to withhold payment, the terms of this agreement and thereafter failing to remedy its breach: 20.1.1 within 7 days after receipt of COUNTY shall furnish prior written notice from the other party calling upon him to rectify such breach, the other party LGU. B. The above remedies shall be entitled in addition to claim damages from any other right or remedy available to the defaulting COUNTY under this Agreement, law, statute, rule, and/or equity. C. The COUNTY’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. D. This Agreement may be canceled with or without cause by either party in terms of upon thirty (30) day written notice. If COUNTY cancels 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 Agreement without cause upon thirty days after receipt of written notice, COUNTY shall pay the other party shall be entitled LGU reasonable expenses incurred prior to cancel this agreement notwithstanding any steps already taken in terms the notice of cancellation. E. Provisions that by their nature are intended to survive the other party’s enforcement of his rights in terms term, cancellation or termination of this agreementAgreement include but are not limited to: INDEPENDENT CONTRACTOR; INDEMNIFICATION; DATA PRACTICES; RECORDS- AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION; PROMOTIONAL LITERATURE; and MINNESOTA LAW GOVERNS. 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.