Common use of Duration Termination Clause in Contracts

Duration Termination. 11.1 The Commencement Date and Completion & Removal Date shall be as indicated in the Fourth Schedule hereto. 11.2 The Vendor agrees to consider the granting of an extension of time allowed for the removal of roundwood or trees if such shall become necessary and providing there are reasonable grounds for this, such as prolonged bad or unsuitable weather delaying the extraction of roundwood. Without prejudice to the generality of the foregoing, if the Purchaser has failed to avail of good and suitable weather, or is otherwise in breach of this Agreement, the extension may not be granted. In any event, the granting of any such extension shall be at the sole discretion of the Vendor. 11.3 This Agreement shall expire on the Completion & Removal Date without the Vendor being required to give notice. The Vendor shall be entitled to terminate this Agreement forthwith at any time by notice in writing:‌ A) Where the Purchaser fails to pay the deposit on signing this Agreement or to make any other payment within two days of the same becoming due; or B) Where the Purchaser is in breach of this Agreement (otherwise than as stated in sub-clause (a) of this clause) and fails to remedy the breach within two working days of the giving by the Vendor of notice in writing requiring the Purchaser to remedy the breach or within such longer period as such notice may specify. 11.4 And in any such case as provided for in 11.3 (a) and (b) above the Vendor shall also be entitled to pursue his legal rights for damages. The expiry of this Agreement or its termination by notice under this clause shall be without prejudice to any other rights or remedies of the Vendor under this Agreement. Where the Purchaser is in breach of this Agreement and fails to remedy the breach as aforementioned, the Vendor may, instead of terminating this Agreement, remedy the breach himself provided that the Vendor shall be entitled to recover all the costs and expenses thereof. 11.5 Either party shall be entitled to immediately terminate this Agreement by written notice to the other if: The holder of any security takes possession or a receiver is appointed over any of the property or assets of that other party; That other party makes any voluntary arrangement with its creditors or becomes subject to any administration order; That other party goes into liquidation; or That other party ceases to carry on business. 11.6 On the expiry or other termination of this Agreement the property in all trees and roundwood left on the Vendor’s land or the Specified Access Routes shall belong to the Vendor and after ten working days notice the Vendor shall have the right to retain or remove and dispose of any belongings of the Purchaser on the Vendor’s land and the Purchaser shall on demand reimburse the Vendor for all costs incurred in their disposal.

Appears in 3 contracts

Sources: Tree Sales Agreement, Tree Sales Agreement, Tree Sales Agreement

Duration Termination. 11.1 The Commencement Date and Completion & Removal Date shall be as indicated in the Fourth Schedule hereto. 11.2 The Vendor agrees to consider the granting of an extension of time allowed for the removal of roundwood or trees if such shall become necessary and providing there are reasonable grounds for this, such as prolonged bad or unsuitable weather delaying the extraction of roundwood. Without prejudice to the generality of the foregoing, if the Purchaser has failed to avail of good and suitable weather, or is otherwise in breach of this Agreement, the extension may not be granted. In any event, the granting of any such extension shall be at the sole discretion of the Vendor. 11.3 This Agreement shall expire on the Completion & Removal Date without the Vendor being required to give notice. The Vendor shall be entitled to terminate this Agreement forthwith at any time by notice in writing:‌writing: A) Where the Purchaser fails to pay the deposit on signing this Agreement or to make any other payment within two days of the same becoming due; or; B) Where the Purchaser is in breach of this Agreement (otherwise than as stated in sub-clause (a) of this clause) and fails to remedy the breach within two working days of the giving by the Vendor of notice in writing requiring the Purchaser to remedy the breach or within such longer period as such notice may specify.; 11.4 And in any such case as provided for in 11.3 (a) and (b) above the Vendor shall also be entitled to pursue his legal rights for damages. The expiry of this Agreement or its termination by notice under this clause shall be without prejudice to any other rights or remedies of the Vendor under this Agreement. Where the Purchaser is in breach of this Agreement and fails to remedy the breach as aforementioned, the Vendor may, instead of terminating this Agreement, remedy the breach himself provided that the Vendor shall be entitled to recover all the costs and expenses thereof. 11.5 Either party shall be entitled to immediately terminate this Agreement by written notice to the other if: - The holder of any security takes possession or a receiver is appointed over any of the property or assets of that other party; That other party makes any voluntary arrangement with its creditors or becomes subject to any administration order; That other party goes into liquidation; or That other party ceases to carry on business. 11.6 On the expiry or other termination of this Agreement the property in all trees and roundwood left on the Vendor’s 's land or the Specified Access Routes shall belong to the Vendor and after ten 10 working days notice the Vendor shall have the right to retain or remove and dispose of any belongings of the Purchaser on the Vendor’s 's land and the Purchaser shall on demand reimburse the Vendor for all costs incurred in their disposal.

Appears in 2 contracts

Sources: Master Tree Sales Agreement, Master Tree Sales Agreement

Duration Termination. 11.1 The Commencement Date and Completion & Removal Date shall be as indicated in the Fourth Schedule hereto. 11.2 The Vendor agrees to consider the granting of an extension of time allowed for the removal of roundwood or trees if such shall become necessary and providing there are reasonable grounds for this, such as prolonged bad or unsuitable weather delaying the harvesting or extraction of roundwood. Without prejudice to the generality of the foregoing, if the Purchaser has failed to avail of good and suitable weather, or is otherwise in breach of this Agreement, the extension may not be granted. In any event, the granting of any such extension shall be at the sole discretion of the Vendor. 11.3 This Agreement shall expire on the Completion & Removal Date without the Vendor being required to give notice. The Vendor shall be entitled to terminate this Agreement forthwith at any time by notice in writing:‌writing: A) Where the Purchaser fails to pay the deposit on signing this Agreement or to make any other payment within two days of the same becoming due; or B) Where the Purchaser is in breach of this Agreement (otherwise than as stated in sub-clause (a) of this clause) and fails to remedy the breach within two working days of the giving by the Vendor of notice in writing requiring the Purchaser to remedy the breach or within such longer period as such notice may specify. 11.4 And in any such case as provided for in 11.3 (a) and (b) above the Vendor shall also be entitled to pursue his legal rights for damages. The expiry of this Agreement or its termination by notice under this clause shall be without prejudice to any other rights or remedies of the Vendor under this Agreement. Where the Purchaser is in breach of this Agreement and fails to remedy the breach as aforementioned, the Vendor may, instead of terminating this Agreement, remedy the breach himself provided that the Vendor shall be entitled to recover all the costs and expenses thereof. 11.5 Either party shall be entitled to immediately terminate this Agreement by written notice to the other if: The holder of any security takes possession or a receiver is appointed over any of the property or assets of that other party; That other party makes any voluntary arrangement with its creditors or becomes subject to any administration order; That other party goes into liquidation; or That other party ceases to carry on business. 11.6 On the expiry or other termination of this Agreement the property in all trees and roundwood left on the Vendor’s land or the Specified Access Routes shall belong to the Vendor and after ten working days notice the Vendor shall have the right to retain or remove and dispose of any belongings of the Purchaser on the Vendor’s land and the Purchaser shall on demand reimburse the Vendor for all costs incurred in their disposal.

Appears in 1 contract

Sources: Tree Sales Agreement

Duration Termination. 11.1 The Commencement This Agreement, including these Terms and all applicable Schedule Attachments thereto, shall become effective upon the Effective Date and Completion & Removal Date shall be as remain in effect until such timeas no Ordering Documents or Subscriptions remain in effect any longer or have been terminated. Each Subscription shall initially remain in effect for the Subscription Term indicated in the Fourth Schedule hereto. 11.2 The Vendor agrees to consider applicable Ordering Document. Thereafter, the granting of Subscription Term shall automatically renew and extend for an extension of time allowed for the removal of roundwood or trees if such shall become necessary and providing there are reasonable grounds for this, such as prolonged bad or unsuitable weather delaying the extraction of roundwood. Without prejudice additional period equal to the generality initial Subscription Term (a ³5HQH6ZXDEOVFULSWLRQ 7HUP ´ DQG VXFK UHQ for successive extensions upon expiration of the foregoingeach Renewal Subscription Term, if the Purchaser has failed to avail of good and suitable weather, or is otherwise in breach of this Agreement, the extension may not be granted. In any event, the granting of any such extension shall be at the sole discretion of the Vendor. 11.3 This Agreement shall expire on the Completion & Removal Date without the Vendor being required to give notice. The Vendor shall be entitled to terminate this Agreement forthwith at any time by notice in writing:‌ A) Where the Purchaser fails to pay the deposit on signing this Agreement or to make any other payment within two days of the same becoming due; or B) Where the Purchaser is in breach of this Agreement (otherwise than as stated in sub-clause (a) of this clause) and fails to remedy the breach within two working days of the giving by the Vendor of notice in writing requiring the Purchaser to remedy the breach or within such longer period as such notice may specify. 11.4 And in any such case as provided for in 11.3 (a) and (b) above the Vendor shall also be entitled to pursue his legal rights for damages. The expiry of this Agreement or its termination by notice under this clause shall be without prejudice to any other rights or remedies of the Vendor under this Agreement. Where the Purchaser is in breach of this Agreement and fails to remedy the breach as aforementioned, the Vendor may, instead of terminating this Agreement, remedy the breach himself provided that the Vendor shall be entitled to recover all the costs and expenses thereof. 11.5 Either unless either party shall be entitled to immediately terminate this Agreement by provides written notice to the other if: The holder of any security takes possession or a receiver is appointed over any its intention not to renew at least forty-five (45) days prior to the expiration of the property then-currentSubscription Term or assets Renewal Subscription Term, as applicable; provided, however, that in no event shall the aggregate length of that other party; That other party makes the initial Subscription Term and any voluntary arrangement with its creditors renewal periods exceed five (5) years without 'RWPDWLFV¶V SULRU ZU Any such renewal or becomes subject extension shall apply to only the specific Subscription and not to any administration order; That other party goes into liquidation; or That other party ceases to carry on business. 11.6 On Subscriptions that may have been purchased under the expiry or other termination of Agreement. Either Party may terminate this Agreement upon written notice if the property other Partyhas committed a material breach of its obligations arising under this Agreement and has failed to cure such breach within thirty (30) days afterreceipt of written notice from the non-breaching Party, which noticespecifies the breach in all trees reasonable detail. If Dotmatics terminates this Agreement or any Ordering Document due to &XVWRPHU¶V IDLOXUH WR PDNH WCLusPtoHmeOr \ SD\P agrees to pay to Dotmatics the remaining value of the then-current Term (that Customer acknowledges as liquidated damages reflecting a reasonable measure of actual damages and roundwood left on the Vendor’s land or the Specified Access Routes shall belong not a penalty) equal to the Vendor and after ten working days notice aggregate yearly (or monthly as the Vendor shall have case may be) recurring fees (as set forth in the right to retain or remove and dispose Ordering Document) that will become due during the canceled portion of any belongings of the Purchaser on the Vendor’s land and the Purchaser shall on demand reimburse the Vendor for all costs incurred in their disposalsuch Term.

Appears in 1 contract

Sources: Acknowledgement of Terms