Common use of Material Breach Clause in Contracts

Material Breach. a. In addition to any other rights and remedies, the Authority shall have the right to terminate the Contract (in whole or in part) with immediate effect by giving written Notice to the Contractor where the Contractor is in material breach of their obligations under the Contract. b. Where the Authority has terminated the Contract under clause 43.a the Authority shall have the right to claim such damages as may have been sustained as a result of the Contractor’s material breach of the Contract, including but not limited to any costs and expenses incurred by the Authority in: (1) carrying out any work that may be required to make the Contractor Deliverables comply with the Contract; or (2) obtaining the Contractor Deliverable in substitution from another supplier.

Appears in 42 contracts

Sources: Contract for the Provision of Maintenance and Support, Contract, Contract

Material Breach. a. In addition to any other rights and remedies, the Authority shall have the right to terminate the Contract (in whole or in part) with immediate effect by giving written Notice to the Contractor where the Contractor is in material breach of their its obligations under the Contract. b. Where the Authority has terminated the Contract under clause 43.a the Authority shall have the right to claim such damages as may have been sustained as a result of the Contractor’s material breach of the Contract, including but not limited to any costs and expenses incurred by the Authority in: (1) carrying out any work that may be required to make the Contractor Deliverables comply with the Contract; or (2) obtaining the Contractor Deliverable in substitution from another supplier.

Appears in 31 contracts

Sources: Provision of Df186 – Mod Data Framework, Contract for Sales Management System, Viking Combined Support Contract

Material Breach. a. In addition to any other rights and remedies, the Authority shall have the right to terminate the Contract (in whole or in part) with immediate effect by giving written Notice to the Contractor where the Contractor is in material breach of their obligations under the Contract. b. Where the Authority has terminated the Contract under clause 43.a 42.a the Authority shall have the right to claim such damages as may have been sustained as a result of the Contractor’s material breach of the Contract, including but not limited to any costs and expenses incurred by the Authority in: (1) carrying out any work that may be required to make the Contractor Deliverables comply with the Contract; or (2) obtaining the Contractor Deliverable in substitution from another supplier.

Appears in 25 contracts

Sources: Manufacture, Supply and Delivery Agreement, Contract, Contract for the Provision of Services

Material Breach. a. In addition to any other rights and remedies, the Authority shall have the right to terminate the Contract (in whole or in part) with immediate effect by giving written Notice to the Contractor where the Contractor is in material breach of their its obligations under the Contract. b. . Where the Authority has terminated the Contract under clause 43.a the Authority shall have the right to claim such damages as may have been sustained as a result of the Contractor’s material breach of the Contract, including but not limited to any costs and expenses incurred by the Authority in: (1) : carrying out any work that may be required to make the Contractor Deliverables comply with the Contract; or (2) or obtaining the Contractor Deliverable in substitution from another supplier.

Appears in 4 contracts

Sources: Provision of Ilog Training Framework, Provision of Information Management & Information Technology (Imit) Training Framework, Contract

Material Breach. a. In addition to any other rights and remedies, the Authority shall have the right to terminate the Contract (in whole or in part) with immediate effect by giving written Notice to the Contractor where the Contractor is in material breach of their its obligations under the Contract. b. . Where the Authority has terminated the Contract under clause 43.a a the Authority shall have the right to claim such damages as may have been sustained as a result of the Contractor’s material breach of the Contract, including but not limited to any costs and expenses incurred by the Authority in: (1) : carrying out any work that may be required to make the Contractor Deliverables comply with the Contract; or (2) or obtaining the Contractor Deliverable in substitution from another supplier.

Appears in 4 contracts

Sources: Electrical Services Measured Term Contract (Mtc), Contract for Provision of Naval Stores, Procurement Agreement

Material Breach. a. In addition to any other rights and remedies, the Authority shall have the right to terminate the Contract (in whole or in part) with immediate effect by giving written Notice to the Contractor where the Contractor is in material breach of their its obligations under the Contract. b. Where the Authority has terminated the Contract under clause 43.a the Authority shall have the right to claim such damages as may have been sustained as a result of the Contractor’s 's material breach of the Contract, including but not limited to any costs and expenses incurred by the Authority in: (1) carrying out any work that may be required to make the Contractor Deliverables comply with the Contract; or (2) obtaining the Contractor Deliverable in substitution from another supplier.

Appears in 4 contracts

Sources: Contract, Intelligent Ship Phase 3 Contract, Contract

Material Breach. a. In addition to any other rights and remedies, the Authority shall have the right to terminate the Contract (in whole or in part) with immediate effect by giving written Notice to the Contractor where the Contractor is in material breach of their obligations under the Contract. b. Where the Authority has terminated the Contract under clause 43.a the Authority shall have the right to claim such damages as may have been sustained as a result of the Contractor’s 's material breach of the Contract, including but not limited to any costs and expenses incurred by the Authority in: (1) carrying out any work that may be required to make the Contractor Deliverables comply with the Contract; or (2) obtaining the Contractor Deliverable in substitution from another supplier.

Appears in 4 contracts

Sources: Purchase Agreement, Purchase Agreement, Contract for the Provision of Design and Integration Partner

Material Breach. a. In addition to any other rights and remedies, the Authority shall have the right to terminate the Contract (in whole or in part) with immediate effect by giving written Notice to the Contractor where the Contractor is in material breach of their obligations under the Contract. b. Where the Authority has terminated the Contract under clause 43.a the Authority shall have the right to claim such damages as may have been sustained as a result of the Contractor’s material breach of the Contract, including but not limited to any costs and expenses incurred by the Authority in: (1) carrying out any work that may be required to make the Contractor Deliverables comply with the Contract; or (21) obtaining the Contractor Deliverable in substitution from another supplier.

Appears in 1 contract

Sources: Contract

Material Breach. a. In addition to any other rights and remedies, the Authority shall have the right to terminate the Contract (in whole or in part) with immediate effect by giving written Notice to the Contractor where the Contractor is in material breach of their its obligations under the Contract. b. Where the Authority has terminated the Contract under clause 43.a 44.a the Authority shall have the right to claim such damages as may have been sustained as a result of the Contractor’s material breach of the Contract, including but not limited to any costs and expenses incurred by the Authority in: (1) carrying out any work that may be required to make the Contractor Deliverables comply with the Contract; or (2) obtaining the Contractor Deliverable in substitution from another supplier.another

Appears in 1 contract

Sources: Manufacture and Supply Agreement

Material Breach. ‌‌ a. In addition to any other rights and remedies, the Authority shall have the right to terminate the Contract (in whole or in part) with immediate effect by giving written Notice to the Contractor where the Contractor is in material breach of their obligations under the Contract. b. Where the Authority has terminated the Contract under clause 43.a the Authority shall have the right to claim such damages as may have been sustained as a result of the Contractor’s material breach of the Contract, including but not limited to any costs and expenses incurred by the Authority in: (1) carrying out any work that may be required to make the Contractor Deliverables comply with the Contract; or (2) obtaining the Contractor Deliverable in substitution from another supplier.

Appears in 1 contract

Sources: Contract

Material Breach. a. In addition to any other rights and remedies, the Authority shall have the right to terminate the Contract (in whole or in part) with immediate effect by giving written Notice to the Contractor where the Contractor is in material breach of their obligations under the Contract. b. Where the Authority has terminated the Contract under clause 43.a 43 the Authority shall have the right to claim such damages as may have been sustained as a result of the Contractor’s material breach of the Contract, including but not limited to any costs and expenses incurred by the Authority in: (1) carrying out any work that may be required to make the Contractor Deliverables comply with the Contract; or (2) obtaining the Contractor Deliverable in substitution from another supplier.

Appears in 1 contract

Sources: Procurement and Support Contract

Material Breach. a. In addition to any other rights and remedies, the Authority shall have the right to terminate the Contract (in whole or in part) with immediate effect by giving written Notice to the Contractor where the Contractor is in material breach of their obligations under the Contract. b. Where the Authority has terminated the Contract under clause 43.a 41.a the Authority shall have the right to claim such damages as may have been sustained as a result of the Contractor’s material breach of the Contract, including but not limited to any costs and expenses incurred by the Authority in: (1) carrying out any work that may be required to make the Contractor Deliverables comply with the Contract; or (2) obtaining the Contractor Deliverable in substitution from another supplier.

Appears in 1 contract

Sources: Supply Agreement

Material Breach. a. In addition to any other rights and remedies, the Authority shall have the right to terminate the Contract (in whole or in part) with immediate effect by giving written Notice to the Contractor where the Contractor is in material breach of their obligations under the Contract. b. a. Where the Authority has terminated the Contract under clause 43.a 42.a the Authority shall have the right to claim such damages as may have been sustained as a result of the Contractor’s 's material breach of the Contract, including but not limited to any costs and expenses incurred by the Authority in: (1) carrying out any work that may be required to make the Contractor Deliverables comply with the Contract; or (2) obtaining the Contractor Deliverable in substitution from another supplier.

Appears in 1 contract

Sources: Contract for Simulator Support

Material Breach. ‌‌ a. In addition to any other rights and remedies, the Authority shall have the right to terminate the Contract (in whole or in part) with immediate effect by giving written Notice to the Contractor where the Contractor is in material breach of their obligations under the Contract. b. Where the Authority has terminated the Contract under clause 43.a 42.a the Authority shall have the right to claim such damages as may have been sustained as a result of the Contractor’s material breach of the Contract, including but not limited to any costs and expenses incurred by the Authority in: (1) carrying out any work that may be required to make the Contractor Deliverables comply with the Contract; or (2) obtaining the Contractor Deliverable in substitution from another supplier.

Appears in 1 contract

Sources: Contract

Material Breach. a. In addition to any other rights and remedies, the Authority shall have the right to terminate the Contract (in whole or in part) with immediate effect by giving written Notice to the Contractor where the Contractor is in material breach of their obligations under the Contract. b. . Where the Authority has terminated the Contract under clause 43.a 42.a the Authority shall have the right to claim such damages as may have been sustained as a result of the Contractor’s material breach of the Contract, including but not limited to any costs and expenses incurred by the Authority in: (1) : carrying out any work that may be required to make the Contractor Deliverables comply with the Contract; or (2) or obtaining the Contractor Deliverable in substitution from another supplier.

Appears in 1 contract

Sources: Support Contract

Material Breach. a. a) In addition to any other rights and remediesremedies and Subject to clause 45.1(a), the Authority shall have the right to terminate the Contract (in whole or in part) with immediate effect by giving written Notice to the Contractor where the Contractor is in material breach of their obligations under the Contract. b. b) Where the Authority has terminated the Contract under clause 43.a 42.a the Authority shall have the right to claim such damages as may have been sustained as a result of the Contractor’s material breach of the Contract, including but not limited to any costs and expenses incurred by the Authority in: (1) carrying out any work that may be required to make the Contractor Deliverables comply with the Contract; or (2) obtaining the Contractor Deliverable in substitution from another supplier.

Appears in 1 contract

Sources: Support Contract

Material Breach. a. In addition to any other rights and remedies, the Authority shall have the right to terminate the Contract (in whole or in part) with immediate effect by giving written Notice to the Contractor where the Contractor is in material breach of their obligations under the Contract. b. Where the Authority has terminated the Contract under clause 43.a 32.a the Authority shall have the right to claim such damages as may have been sustained as a result of the Contractor’s material breach of the Contract, including but not limited to any costs and expenses incurred by the Authority in: (1) carrying out any work that may be required to make the Contractor Deliverables comply with the Contract; or (2) obtaining the Contractor Deliverable in substitution from another supplier.

Appears in 1 contract

Sources: Contract for the Provision of Rental Furniture

Material Breach. a. In addition to any other rights and remedies, the Authority shall have the right to terminate the Contract (in whole or in part) with immediate effect by giving written Notice to the Contractor where the Contractor is in material breach of their its obligations under the Contract. b. Where the Authority has terminated the Contract under clause 43.a the Authority shall have the right to claim such damages as may have been sustained as a result of the Contractor’s 's material breach of the Contract, including but not limited to any costs and expenses incurred by the Authority in: (1) i. carrying out any work that may be required to make the Contractor Deliverables comply with the Contract; or (2) ii. obtaining the Contractor Deliverable in substitution from another supplier.

Appears in 1 contract

Sources: Contract for Installation and Integration Services

Material Breach. a. In addition to any other rights and remedies, the Authority shall have the right to terminate the Contract (in whole or in part) with immediate effect by giving written Notice to the Contractor where the Contractor is in material breach of their obligations under the Contract. b. . Where the Authority has terminated the Contract under clause 43.a the Authority shall have the right to claim such damages as may have been sustained as a result of the Contractor’s material breach of the Contract, including but not limited to any costs and expenses incurred by the Authority in: (1) : carrying out any work that may be required to make the Contractor Deliverables comply with the Contract; or (2) or obtaining the Contractor Deliverable in substitution from another supplier.

Appears in 1 contract

Sources: Contract for Boiler Design, Supply & Install

Material Breach. a. In addition to any other rights and remedies, the Authority shall have the right to terminate the Contract (in whole or in partpa rt) with immediate effect by giving written Notice to the Contractor where the Contractor is in material breach of their obligations under the Contract. b. Where the Authority has terminated the Contract under clause 43.a the Authority shall have the right to claim such damages as may have been sustained as a result of the Contractor’s material breach of the Contract, including but not limited to any costs and expenses incurred by the Authority in: (1) carrying out any work that may be required to make the Contractor Deliverables comply with the Contract; or (2) obtaining the Contractor Deliverable in substitution from another supplier.

Appears in 1 contract

Sources: Contract

Material Breach. a. In addition to any other rights and remedies, the Authority shall have the right to terminate the Contract (in whole or in part) with immediate effect by giving written Notice to the Contractor where the Contractor is in material breach of their its obligations under the Contract. b. . Where the Authority has terminated the Contract under clause 43.a the Authority shall have the right to claim such damages as may have been sustained as a result of the Contractor’s 's material breach of the Contract, including but not limited to any costs and expenses incurred by the Authority in: (1) : carrying out any work that may be required to make the Contractor Deliverables comply with the Contract; or (2) or obtaining the Contractor Deliverable in substitution from another supplier.

Appears in 1 contract

Sources: Contract for Acquisition of Space

Material Breach. a. In addition to any other rights and remedies, the Authority shall have the right to terminate the Contract (in whole or in part) with immediate effect by giving written Notice to the Contractor where the Contractor is in material breach of their obligations under the Contract. b. Where the Authority has terminated the Contract under clause 43.a 42.a the Authority shall have the right to claim such damages as may have been sustained as a result of the Contractor’s material breach of the Contract, including but not limited to any costs and expenses incurred by the Authority in: (1) carrying out any work that may be required to make the Contractor Deliverables comply with the Contract; or (2) obtaining the Contractor Deliverable in substitution from another supplier.

Appears in 1 contract

Sources: Supply and Support Contract