No material breach etc Sample Clauses

No material breach etc. There does not exist in relation to the Business any Current Contract: (a) to which any party thereto is in material breach so as to render the same capable of termination or give rise to any right to damages or other compensation; (b) which is material and in respect of which any consent is required or any notice has to be given or other action in order for such contract to be assigned by the Seller to the Purchaser; (c) which is or will become terminable or under its terms may otherwise be adversely affected as a result of the entering into or implementation of this Agreement; (d) so far as the Seller is aware which is or is required to be registered in accordance with the provisions of the Restrictive Trade Practices Act 1976 or which contravenes the provisions of the Resale Prices ▇▇▇ ▇▇▇▇ or infringes Articles 85 or 86 of the Treaty of Rome or any other anti-trust legislation or any regulation or directive issued thereunder or which has been notified to the Commission of the European Communities for an exemption or in respect of which an application has been made to the said Commission for a negative clearance; (e) so far as the Seller is aware which is by virtue of its terms or by virtue of any practice for the time being carried on in connection with it a consumer trade practice within the meaning of Section 13 Fair Trading Act 1973 and susceptible to or under reference to the Consumer Protection Advisory Committee or the subject matter of a report to or order by the Secretary of State under the provisions of Part II of that Act; or (f) the performance of which is guaranteed or otherwise secured by the Seller or any other person.
View Source
No material breach etc. There does not exist in relation to the Business any contract, agreement, commitment or arrangement (including, but without limitation, any Business Contract or Portfolio Contract): 2.3.1 to which any party to the same is in material breach so as to render the same capable of termination or give rise to any right to damages or other compensation; 2.3.2 in respect of which any consent is required or any notice has to be given or other action taken as a result of the entering into or implementation of this agreement; 2.3.3 which is or may become terminable or may otherwise be adversely affected as a result of the entering into or implementation of this agreement; 2.3.4 which contravenes the provisions of the Competition ▇▇▇ ▇▇▇▇ or infringes Articles 85 or 86 Treaty of Rome or any other anti-trust legislation or any regulation or directive issued thereunder or which has been notified to the Commission of the European Communities for an exemption or in respect of which an application has been made to the said Commission for a negative clearance; 2.3.5 which is by virtue of its terms or by virtue of any practice for the time being carried on in connection with it a consumer trade practice within the meaning of s13 Fair Trading Act 1973 and susceptible to or under reference to the Consumer Protection Advisory Committee or the subject matter of a report to or order by the Secretary of State under the provisions of Part II of that Act; or 2.3.6 the performance of which is guaranteed or otherwise secured by the Seller or any other person.
View Source

Related to No material breach etc

  • Material Breach A material breach for purposes of this Agreement shall include, but not be limited to: (a) Failure to timely furnish the documents described in Section 6 or the information requested by GO-Biz or the FTB relating to Taxpayer’s compliance with this Agreement. (b) Material misstatements in any information provided to GO-Biz as part of the application process and/or after this Agreement is signed. (c) Failure to materially satisfy applicable Milestones as set forth in Exhibit A, materiality of which shall be determined by GO-Biz, by the end of the last taxable year identified in Exhibit A. (d) Failure to maintain one or more Milestones for a minimum of three (3) subsequent taxable years after achieving the Milestone(s).

  • Material Breach of Contract In the event Contractor fails to deliver the product and services as contracted for herein, to the satisfaction of the City of Sparks or otherwise fails to perform any provisions of this Contract, the City, after providing five (5) days written notice and Contractor’s failure to cure such breach within the time specified in the notice, may without waiving any other remedy, make good the deficiencies and deduct the actual cost of providing alternative products and/or services from payment due the Contractor. Non-performance after the first notice of non-performance shall be considered a material breach of contract.

  • No Material Default Neither the Seller nor any of its Affiliates is in material default under any agreement, contract, instrument or indenture of any nature whatsoever to which the Seller or any of its Affiliates is a party or by which it (or any of its assets) is bound, which default would have a material adverse effect on the ability of the Seller to perform under this Agreement, nor, to the best of the Seller's knowledge, has any event occurred which, with notice, lapse of time or both, would constitute a default under any such agreement, contract, instrument or indenture and have a material adverse effect on the ability of the Seller to perform its obligations under this Agreement;

  • Independence from Material Breach Determination Except as set forth in Section X.D.1.c, these provisions for payment of Stipulated Penalties shall not affect or otherwise set a standard for OIG’s decision that CCH has materially breached this CIA, which decision shall be made at OIG’s discretion and shall be governed by the provisions in Section X.D, below.

  • Termination for Material Breach If either Party (the “Non-Breaching Party”) believes that the other Party (the “Breaching Party”) has materially breached one or more of its obligations under this Agreement, then the Non-Breaching Party may deliver notice of such material breach to the Breaching Party specifying the nature of the alleged breach in reasonable detail (a “Default Notice”). Thereafter, the Non-Breaching Party shall have the right to terminate this Agreement if the breach asserted in such Default Notice has not been cured within sixty (60) days after such Default Notice. Notwithstanding the foregoing, (i) if such material breach, by its nature, cannot be remedied within such sixty (60) day cure period, but can be remedied over a longer period not expected to exceed one hundred and fifty (150) days, then such sixty (60) day period shall be extended for up to an additional ninety (90) days provided that the Breaching Party provides the Non-Breaching Party with a reasonable written plan for curing such material breach and uses Commercially Reasonable Efforts to cure such material breach in accordance with such written plan and (ii) if such material breach cannot be cured, but the effects of such material breach are not such that the Non-Breaching Party would be deprived of the material benefits the Non-Breaching Party would reasonably be expected to derive from this Agreement in the absence of such material breach, then the Non-Breaching Party shall not be entitled to terminate this Agreement on the basis of such material breach unless the Breaching Party has previously committed a substantially similar material breach of this Agreement. For clarity, a breach of Section 3.2.3 of this Agreement shall not, notwithstanding anything herein, fall within the exception in subpart (ii) of the immediately preceding sentence.