Common use of DEFAULT OF AGREEMENT Clause in Contracts

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. Triathlon 1. Where the Athlete feels that Biathlon Canada has failed to meet its obligations under this Agreement, he or she may bring forward a grievance by following the Biathlon Canada Dispute Resolution Policy. Biathlon Canada and the Athlete will refrain from taking grievances public. 2. Where the Athlete fails to meet his or her obligations under this agreement the Biathlon Canada Discipline Procedure as outlined in #3 below shall be followed. 3. Both parties agree that alleged breaches and disputes relating to make full use of the provisions of this agreement before taking any action outside the scope of this Agreement. Where one of the parties 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 agreement is of the UCCMSopinion that the other party has failed to conform with its obligations under this agreement, it the following shall be dealt with as followsoccur shall forthwith: i. the i) The one Party will part shall notify the other Party party in writing of the particulars of the alleged default (the “Default Notice”);default. ii. In ) If there exists a reasonable opportunity to correct the event that default and the alleged breach candefault 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 remedied satisfactorily within taken to remedy the default and a reasonable period of time after to complete 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 Agreementremedial steps. B. iii) The Parties parties agree that the giving of the Default Notice above referred-to notice by a Party party will not prevent that Party party from later asserting that the default was so fundamental as to amount to a repudiation of this Agreementagreement. If the Party party receiving the Default Notice notice remedies the breach within the specified period of time, the dispute will shall be considered resolved and neither Party will party shall have any recourse against the other concerning the matter alleged to comprise the default. If the Party party receiving the Default Notice notice fails to remedy the breach within the specified period of time, time and the Party that gave the Default Notice still either party wishes to take recourse against the other concerning the matters alleged to comprise the default, that Party will party shall use the dispute settlement mechanism set out at Section 5. A. ii. of this Agreement Biathlon Canada Dispute Resolution and Appeals Policy to resolve the differences between the Partiesparties. C. Consequence of default4. On AAP-related matters, when not otherwise specifically identified, will result in a measured response based on the severity Athlete may direct such notice to the Manager of the default. Consequences will range from documentation Sport Canada AAP, who may act on behalf 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 Athlete and indicate to the Canadian Anti−Doping Program or NSO the applicable anti−doping rules of any other anti−doping organization with authority over steps to take to remedy the Athletesituation.

DEFAULT OF AGREEMENT. A. Triathlon 1. Where the Athlete feels that Archery Canada has failed to meet its obligations under this Agreement, they may bring forward a grievance by following the processes outlined in the Archery Canada Alternative Dispute Resolution Policy and Archery Canada Complaint and Disciplinary Policy found at the following link ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇/en/policies/ . As required by Archery Canada Complaints and Disciplinary Policy, the process is confidential, and the Athlete and Archery Canada shall both refrain from taking grievances public. 2. Where the Athlete fails to meet his or her obligations under this agreement the Archery Canada Complaints and Disciplinary Procedure found at the following link ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇/en/policies/541-discipline-policy shall be followed. 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 alleged breaches and disputes relating the other party has failed to conform with its obligations under 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, following shall be dealt with as followsoccur: i. the one Party will notify a. The party notifies the other Party party in writing of the particulars of the alleged default (the “Default Notice”);default. ii. In the event that the alleged breach cannot be remedied satisfactorily within b. If there exists a reasonable period of time after opportunity to correct the party allegedly in default has been notifieddefault, 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 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 party receiving the Default Notice notice remedies the breach within the specified period of time, the dispute will shall be considered resolved and neither Party will party shall have any recourse against the other concerning the matter alleged to comprise the default; or ii. If the Party party receiving the Default Notice notice fails to remedy the breach within the specified period of time, and the Party that gave the Default Notice still either party wishes to take recourse against the other concerning the matters alleged to comprise the default, that Party will party shall use the dispute settlement mechanism set out Archery Canada Alternative Dispute Resolution Policy and Archery Canada Appeal Policy found at Section 5. A. ii. of this Agreement the following link ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇/en/policies/ to resolve the differences between the Partiesparties. C. Consequence of default5. On AAP related matters, when not otherwise specifically identified, will result in a measured response based on the severity Athlete may direct such notice to the Manager 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 statusfor Sport Canada. 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.