Determination of Agreement Clause Samples

Determination of Agreement. (1) If: (a) (i) the Company makes default which the State considers material in the due performance or observance of any of the covenants or obligations of the Company in this Agreement or in the Special Railway Licence or in a Lateral Access Road Licence; or

Determination of Agreement. (1) If at any time the Company enters into liquidation (other than a voluntary liquidation for the purpose of reconstruction and assignment of rights under this Agreement) the Minister may determine this Agreement. (2) If— (a) the Company at any time fails to comply with the terms and conditions of this Agreement; and (b) the Minister having given to the Company at least six months' written notice requiring it to remedy that failure either wholly or so far as it is possible to do so within the period of the notice, the Company does not comply with the notice— the Minister may apply to a judge of the Court in ▇▇▇▇▇▇▇▇ for a summons calling upon the Company to show cause why this Agreement should not be determined. (3) Upon the hearing of any summons issued under the last preceding sub-clause the following provisions shall apply— (a) unless the Court considers that the failure aforesaid was due to mistake or to circumstances beyond the control of the Company or that there was otherwise a reasonable cause therefor and that the State has not been and will not be materially prejudiced by that failure, the Court may by order authorize the Minister to determine this Agreement and thereupon the Minister may determine it accordingly; (b) evidence may be given by affidavit or if the Court so directs may be given orally or partly by affidavit and partly orally; (c) subject to the last preceding paragraph the procedure shall be as the Court may direct; (d) the Court may make such order as to costs as it deems just. (4) In the last preceding sub-clause "Court" means the Supreme Court of the State of ▇▇▇▇▇▇▇▇ or a Judge thereof.

Determination of Agreement. In any of the following events namely if the Company shall make default in the due performance or observance of any of the covenants or obligations to the State herein or in any lease licence or other title or document granted or assigned under this Agreement on its part to be performed or observed and shall fail to remedy that default within reasonable time after notice specifying the default is given to it by the State (or if the alleged default is contested by the Company and promptly submitted to arbitration then within a reasonable time fixed by the arbitration award where the question is decided against the Company the arbitrator finding that there was a bona fide dispute and that the Company had not been dilatory in pursuing the arbitration) or if the Company shall abandon or repudiate its operations under this Agreement or if the Company shall go into liquidation (other than a voluntary liquidation for the purpose of reconstruction) then and in any of such events the State may by notice to the Company determine this Agreement and thereupon the rights of the Company hereunder shall cease and determine; PROVIDED HOWEVER that if the Company shall fail to remedy any default after such notice or within the time fixed by the arbitration award as aforesaid the State instead of determining this Agreement as aforesaid because of such default may itself remedy such default or cause the same to be remedied (for which purpose the State by agents workmen or otherwise shall have full power to enter upon lands occupied by the Company and to make use of all plant machinery equipment and installations thereon) and the costs and expenses incurred by the State in remedying or causing to be remedied such default shall be a debt payable by the Company to the State on demand.

Determination of Agreement. 11.1 Each partner shall meet the obligations placed upon it by this agreement. Failure to do so shall constitute a breach of the agreement. In the event of a failure by the partners to agree a remedy, each partner can serve notice on all of the others in relation to a breach, and require that it be remedied within an agreed number of days/weeks or else any partner will be entitled to serve notice that the partnership be ended within 30 days.

Determination of Agreement. (1) If at any time the Company enters into liquidation (other than a voluntary liquidation for the purpose of reconstruction and assignment of rights under this Agreement) the Minister may determine this Agreement.

Determination of Agreement. This Agreement may be terminated at any time by agreement of both parties or by either party giving to the other six months’ notice of termination.

Determination of Agreement. Subclause (1)

Determination of Agreement. If an Event of Default occurs then the Landlord may at any time thereafter (whilst the Event of Default subsists to any extent) by notice in writing to the Tenant forthwith determine this Agreement (but without prejudice to any right of action by the Landlord in respect of any antecedent breach of any of the obligations on the part of the Tenant herein contained).

Determination of Agreement. If the Grantee fails to perform or observe any of the conditions on its part as set out in this Agreement and does not remedy the same within a reasonable time of request by the Council the Council may without prejudice to its other rights, remedies and powers send the Grantee a written notice to terminate this Agreement and upon such notice being served this Agreement shall terminate immediately. Unless otherwise explicitly stated all of the Council’s rights and all of the Grantee’s obligations shall survive termination of the Agreement.