DEFAULT AND RECOURSE. 13.1 The following situations constitute a default: 13.1.1 Nova Scotia, directly or through its representatives, makes or made, other than in good faith, a false declaration or a misrepresentation to Canada; or 13.1.2 One of the conditions or commitments included in this Agreement has not been fulfilled; or 13.1.3 Canada suspends or withholds for no legitimate reason payments of its financial contribution with respect to amounts already owing or future payments; or 13.1.4 Nova Scotia suspends or withholds for no legitimate reason payments of its financial contribution with respect to amounts already owing or future payments. 13.2 In the event of a default committed by Nova Scotia, if Canada determines that Nova Scotia’s default is capable of cure and that a delay for these purposes is appropriate, Canada reserves the right to send a written notice of default to Nova Scotia specifying a cure period of no fewer than ninety (90) days from the date of Nova Scotia’s deemed receipt of the notice, requiring that Nova Scotia provide Canada with proof of the cure within that delay. Nova Scotia’s proof that the default is cured shall be to Canada’s satisfaction. 13.3 If Nova Scotia does not act accordingly to the notice of default, Canada may avail itself of the following remedies: 13.3.1 Reduce Canada’s financial contribution to Nova Scotia and notify Nova Scotia of the reduced amount of the contribution; 13.3.2 Suspend the payment of any amount in respect of Canada’s financial contribution, regardless of whether the amount is owing prior to or after the date of such suspension or future payments and inform Nova Scotia accordingly; and 13.3.3 Terminate this Agreement by means of a written notice of termination given to Nova Scotia after the delay provided in the notice of default has expired and the default has not been remedied to Canada’s satisfaction. The notice of termination may include reimbursement of all or part of Canada’s financial contribution as debt owing to Canada and will terminate any financial obligation of Canada to continue to contribute funding to the Project under this Agreement. 13.4 In the event of a default committed by Canada, if Nova Scotia determines that Canada’s default is capable of cure and that a delay for these purposes is appropriate, Nova Scotia reserves the right to send a written notice of default to Canada specifying a cure period of no fewer than ninety (90) days from the date of Canada’s deemed receipt of the notice, requiring that Canada provide Nova Scotia with proof of the cure within that delay. Canada’s proof that the default is cured shall be to Nova Scotia’s satisfaction. 13.5 If Canada does not act accordingly to the notice of default, Nova Scotia may avail itself of the following remedies: 13.5.1 Suspend some activities provided for in Schedule 1 of this Agreement and inform Canada accordingly; and 13.5.2 Terminate this Agreement by means of a written notice of termination given to Canada after the delay provided in the notice of default has expired and the default has not been cured to Nova Scotia’s satisfaction 13.6 The fact that one of the Parties refrains from exercising a remedy it is entitled to exercise under this Agreement shall not be considered as a waiver of such right and, furthermore, partial or limited exercise of a right conferred on it shall not prevent it in any way in the future from exercising any other right or remedy under this Agreement or other applicable law.
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DEFAULT AND RECOURSE. 13.1 The following situations constitute a default:
13.1.1 Nova ScotiaBritish Columbia, directly or through its representatives, makes or made, other than in good faith, a false declaration or a misrepresentation to Canada; or
13.1.2 One of the conditions or commitments included in this Agreement has not been fulfilled; or
13.1.3 Canada suspends or withholds for no legitimate reason payments of its financial contribution with respect to amounts already owing or future payments; or
13.1.4 Nova Scotia British Columbia suspends or withholds for no legitimate reason payments of its financial contribution with respect to amounts already owing or future payments.
13.2 In the event of a default committed by Nova ScotiaBritish Columbia, if Canada determines that Nova ScotiaBritish Columbia’s default is capable of cure and that a delay for these purposes is appropriate, Canada reserves the right to send a written notice of default to Nova Scotia British Columbia specifying a cure period of no fewer than ninety (90) days from the date of Nova ScotiaBritish Columbia’s deemed receipt of the notice, requiring that Nova Scotia British Columbia provide Canada with proof of the cure within that delay. Nova ScotiaBritish Columbia’s proof that the default is cured shall be to Canada’s satisfaction.
13.3 If Nova Scotia British Columbia does not act accordingly to the notice of default, Canada may avail itself of the following remedies:
13.3.1 Reduce Canada’s financial contribution to Nova Scotia British Columbia and notify Nova Scotia British Columbia of the reduced amount of the contribution;
13.3.2 Suspend the payment of any amount in respect of Canada’s financial contribution, regardless of whether the amount is owing prior to or after the date of such suspension or future payments and inform Nova Scotia British Columbia accordingly; and
13.3.3 Terminate this Agreement by means of a written notice of termination given to Nova Scotia British Columbia after the delay provided in the notice of default has expired and the default has not been remedied to Canada’s satisfaction. The notice of termination may include reimbursement of all or part of Canada’s financial contribution as debt owing to Canada and will terminate any financial obligation of Canada to continue to contribute funding to the Project under this Agreement.
13.4 In the event of a default committed by Canada, if Nova Scotia British Columbia determines that Canada’s default is capable of cure and that a delay for these purposes is appropriate, Nova Scotia British Columbia reserves the right to send a written notice of default to Canada specifying a cure period of no fewer than ninety (90) days from the date of Canada’s deemed receipt of the notice, requiring that Canada provide Nova Scotia British Columbia with proof of the cure within that delay. Canada’s proof that the default is cured shall be to Nova ScotiaBritish Columbia’s satisfaction.
13.5 If Canada does not act accordingly to the notice of default, Nova Scotia British Columbia may avail itself of the following remedies:
13.5.1 Suspend some activities provided for in Schedule 1 of this Agreement and inform Canada accordingly; and
13.5.2 Terminate this Agreement by means of a written notice of termination given to Canada after the delay provided in the notice of default has expired and the default has not been cured to Nova ScotiaBritish Columbia’s satisfaction
13.6 The fact that one of the Parties refrains from exercising a remedy it is entitled to exercise under this Agreement shall not be considered as a waiver of such right and, furthermore, partial or limited exercise of a right conferred on it shall not prevent it in any way in the future from exercising any other right or remedy under this Agreement or other applicable law.
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Sources: Agreement on Minority Language Education and Second Official Language Instruction
DEFAULT AND RECOURSE. 13.1 The following situations constitute a default:
13.1.1 Nova ScotiaOntario, directly or through its representatives, makes or made, other than in good faith, a false declaration or a misrepresentation to Canada; or
13.1.2 One of the conditions or commitments included in this Agreement has not been fulfilled; or
13.1.3 Canada suspends or withholds for no legitimate reason payments of its financial contribution with respect to amounts already owing or future payments; or
13.1.4 Nova Scotia Ontario suspends or withholds for no legitimate reason payments of its financial contribution with respect to amounts already owing or future payments.
13.2 In the event of a default committed by Nova ScotiaOntario, if Canada determines that Nova ScotiaOntario’s default is capable of cure and that a delay for these purposes is appropriate, Canada reserves the right to send a written notice of default to Nova Scotia Ontario specifying a cure period of no fewer than ninety (90) days from the date of Nova ScotiaOntario’s deemed receipt of the notice, requiring that Nova Scotia Ontario provide Canada with proof of the cure within that delay. Nova ScotiaOntario’s proof that the default is cured shall be to Canada’s satisfaction.
13.3 If Nova Scotia Ontario does not act accordingly to the notice of default, Canada may avail itself of any or all of the following remedies:
13.3.1 Reduce Canada’s financial contribution to Nova Scotia Ontario and notify Nova Scotia Ontario of the reduced amount of the contribution;
13.3.2 Suspend the payment of any amount in respect of Canada’s financial contribution, regardless of whether the amount is owing prior to or after the date of such suspension or future payments and inform Nova Scotia Ontario accordingly; and
13.3.3 Terminate this Agreement by means of a written notice of termination given to Nova Scotia Ontario after the delay provided in the notice of default has expired and the default has not been remedied to Canada’s satisfaction. The notice of termination may include reimbursement of all or part of Canada’s financial contribution as debt owing to Canada and will terminate any financial obligation of Canada to continue to contribute funding to the Project under this Agreement.
13.4 In the event of a default committed by Canada, if Nova Scotia Ontario determines that Canada’s default is capable of cure and that a delay for these purposes is appropriate, Nova Scotia Ontario reserves the right to send a written notice of default to Canada specifying a cure period of no fewer than ninety (90) days from the date of Canada’s deemed receipt of the notice, requiring that Canada provide Nova Scotia Ontario with proof of the cure within that delay. Canada’s proof that the default is cured shall be to Nova ScotiaOntario’s satisfaction.
13.5 If Canada does not act accordingly to the notice of default, Nova Scotia Ontario may avail itself of any or all of the following remedies:
13.5.1 Suspend some activities provided for in Schedule 1 of this Agreement and inform Canada accordingly; and
13.5.2 Terminate this Agreement by means of a written notice of termination given to Canada after the delay provided in the notice of default has expired and the default has not been cured to Nova ScotiaOntario’s satisfaction
13.6 The fact that one of the Parties refrains from exercising a remedy it is entitled to exercise under this Agreement shall not be considered as a waiver of such right and, furthermore, partial or limited exercise of a right conferred on it shall not prevent it in any way in the future from exercising any other right or remedy under this Agreement or other applicable law.
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Sources: Canada Ontario Agreement on Minority Language Education and Second Official Language Instruction