DEFAULT OF AGREEMENT Sample Clauses
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DEFAULT OF AGREEMENT. A. Triathlon Canada and the Athlete agree that alleged breaches and disputes relating to this Agreement, other than those which must be dealt with under the AAP Policies and Procedures or that are otherwise excluded by Triathlon Canada’s Appeal Policy, including matters arising from the application of the UCCMS, shall be dealt with as follows:
i. the one Party will notify the other Party in writing of the particulars of the alleged default (the “Default Notice”);
ii. In the event that the alleged breach cannot be remedied satisfactorily within a reasonable period of time after the party allegedly in default has been notified, the matter may be referred to a disciplinary process conducted under Triathlon Canada’s Discipline and Complaints Policy, adapted and modified accordingly for the purpose of addressing an alleged breach of this Agreement.
B. The Parties agree that the giving of the Default Notice by a Party will not prevent that Party from later asserting that the default was so fundamental as to amount to a repudiation of this Agreement. If the Party receiving the Default Notice remedies the breach within the specified period of time, the dispute will be considered resolved and neither Party will have any recourse against the other concerning the matter alleged to comprise the default. If the Party receiving the Default Notice fails to remedy the breach within the specified period of time, and the Party that gave the Default Notice still wishes to take recourse against the other concerning the matters alleged to comprise the default, that Party will use the dispute settlement mechanism set out at Section 5. A. ii. of this Agreement to resolve the differences between the Parties.
C. Consequence of default, when not otherwise specifically identified, will result in a measured response based on the severity of the default. Consequences will range from documentation of warnings through to funding ineligibility, withdrawal of AAP support and/or the cancellation of current funding and/or Team Canada status.
D. Notwithstanding the foregoing, Triathlon Canada’s Policies will not be used to resolve disputes or sanctions associated with doping infractions pursuant to the Canadian Anti−Doping Program or the applicable anti−doping rules of any other anti−doping organization with authority over the Athlete.
DEFAULT OF AGREEMENT a. Where one of the parties to this agreement is of the opinion that the other party has failed to conform to obligations under this agreement, the following shall occur shall forthwith: The one party shall notify the other party in writing of the particulars of the alleged default;
b. If there exists a reasonable opportunity to correct the default and the default is not so fundamental as to amount to a repudiation of this agreement, the notifying party shall indicate in the notice the steps to be taken to remedy the default and a reasonable period of time to complete the remedial steps;
c. The parties agree that the giving of the above referred-to notice by a party will not prevent that party from later asserting that the default was so fundamental as to amount to a repudiation of this agreement. If the party receiving the notice remedies the breach within the specified time, the dispute shall be considered resolved and neither party shall have any recourse against the other concerning the matter alleged to comprise the default.
d. If the party receiving the notice fails to remedy the breach within the specified time, and either party wishes recourse against the other concerning the matters alleged to comprise the default, that party shall use the dispute settlement mechanism of this agreement to resolve the differences between the parties.
DEFAULT OF AGREEMENT. 1. Where the Athlete feels that Archery Manitoba has failed to meet its obligations under this Agreement, they may bring forward a grievance by following the processes outlined in the Archery Manitoba Dispute Resolution Policy and Archery Manitoba Complaint and Disciplinary Policy found at the following link: ▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇/about/governance/ As required by Archery Manitoba Complaints and Disciplinary Policy, the process is confidential, and the Athlete and Archery Manitoba shall both refrain from taking grievances public.
2. Where the Athlete fails to meet his or her obligations under this agreement the Archery Manitoba Complaints and Disciplinary Procedure found at the following link shall be followed:▇▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇/wp-content/uploads/2023/04/Archery-Manitoba- Discipline-Complaint-Policy.pdf
3. Both parties agree to make full use of the options provided for in the dispute resolution provisions of this Agreement before taking any action outside the scope of this Agreement.
4. Where one of the parties to this agreement is of the opinion that the other party has failed to conform with its obligations under this Agreement, the following shall occur:
a. The party notifies the other party in writing of the particulars of the alleged default.
b. If there exists a reasonable opportunity to correct the default, and the default is not so fundamental as to amount to a repudiation of this Agreement, then the notifying party shall indicate in the notice, the steps to be taken to remedy the default, and indicate a reasonable period of time to complete the remedial steps:
i. If the party receiving the notice remedies the breach within the specified time, the dispute shall be considered resolved and neither party shall have any recourse against the other concerning the matter alleged to comprise the default; or
ii. If the party receiving the notice fails to remedy the breach within the specified time, and either party wishes recourse against the other concerning the matters alleged to comprise the default, that party shall use the Archery Manitoba Dispute Resolution Policy and Archery Manitoba Appeal Policy found at the following link ▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇/about/governance/ to resolve the differences between the parties.
DEFAULT OF AGREEMENT. A. Where one of the parties to this Agreement is of the opinion that the other party has failed to comply with their obligations hereunder, it shall forthwith:
i. Notify the other party in writing of the alleged default;
ii. Where appropriate, indicate in such notice the steps to be taken to remedy the alleged default; and
iii. Indicate in such notice a reasonable period of time within which such remedial steps should be undertaken and completed.
B. The party that has given the notice referenced above (4. A) is of the opinion that the other party has not remedied the alleged default, or where the other party is of the opinion that no such default exists, such party shall file a complaint pursuant to the hearing and appeal procedure provided for in Triathlon Canada’s Code of Conduct, and Appeal Procedure Policies.
C. Consequence of default, when not otherwise specifically identified will result in a measured response based on the severity of the default. Consequences will range from documentation of warnings through to the cancellation of Age Group Team Canada status.
D. Notwithstanding the foregoing, Triathlon Canada’s Policies will not be used to resolve disputes or sanctions associated with doping infractions pursuant to the Canadian Anti-Doping Program, as amended.
DEFAULT OF AGREEMENT. Where one of the parties to this agreement is of the opinion that the other party has failed to conform its obligations under this agreement, it shall forthwith:
DEFAULT OF AGREEMENT. Where one of the parties of this agreement is of the opinion that the other party has failed to conform with its obligation under the agreement it shall forthwith:
(a) notify the alleged offending party in writing of the alleged default,
(b) where applicable, indicate in the notice to the party the steps to be taken to remedy the situation,
(c) where applicable, indicate in the notice a reasonable period of time within which such steps as set out herein shall be taken. Where the complainant party who has given notice referred to in paragraph 5 (a) is of the opinion that the other party has not remedied the situation, it shall file a complaint with the OUSA Board member in charge of Teams, ▇▇▇▇ ▇▇▇▇▇ (▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇). If the complainant party is not satisfied, a grievance may be filed with the OUSA Grievance Committee (▇-▇ ▇▇▇▇ (MA) 508-479-3946) whose decision will be final. Noncompliance by an athlete could result in (but is not restricted to) withdrawal of all or partial funding, ineligibility to represent OUSA in international competition for a specified length of time and/or ineligibility to be on the team for a specified length of time. Noncompliance by an administrator could result in removal from the ESC or other action deemed appropriate by the OUSA BOD.
DEFAULT OF AGREEMENT. Where one of the parties hereto is of the opinion that the other party has failed to conform to its obligations under this Agreement, it shall forthwith:
a) Notify that party, in writing, of the alleged default.
b) Confirmation of next steps as per WPC policy.
c) Where the party initiating the notice, is of the opinion that the other party has not remedied the situation, a complaint could be filed through the hearing and appeal procedure referred to in WPC’s Policies and Procedures.
d) In the situation where the athlete and WPC cannot agree to terms, then it may be required to utilize the services of the Sport Dispute Resolution Centre of Canada.
DEFAULT OF AGREEMENT. ▇▇▇▇▇▇ agrees that if they are found to be in default of any of the provisions of this Agreement, the ▇▇▇▇▇▇ Dog may be seized and removed from the ▇▇▇▇▇▇ Home immediately, with no prior notice, and they further agree not to withhold the ▇▇▇▇▇▇ Dog from MABTR.
DEFAULT OF AGREEMENT. 1. Should the Athlete breach any material term or condition of this Agreement, Boxing Canada will be entitled to immediately terminate this Agreement and may, in addition, impose sanctions against the Athlete including, among other things, withdrawal of privileges, and/or suspension or removal from the High Performance Program, National Team or any particular Event or Program. The Athlete shall be entitled to appeal any disciplinary action taken by Boxing Canada, in accordance with the terms of Boxing Canada's Appeal Policy.
DEFAULT OF AGREEMENT. Where one of the parties of this agreement is of the opinion that the other party has failed to conform with its obligation under the agreement it shall forthwith:
(a) notify the alleged offending party in writing of the alleged default,
(b) where applicable, indicate in the notice to the party the steps to be taken to remedy the situation,
(c) where applicable, indicate in the notice a reasonable period of time within which such steps as set out herein shall be taken. Where the complainant party who has given notice referred to in paragraph (a) above is of the opinion that the other party has not remedied the situation, it shall file a complaint through the hearing and appeal procedure referred to in paragraph 1 (e).