Remedies for Breach of Contract Sample Clauses

Remedies for Breach of Contract. 10.1 Defects and shortcomings The Customer is obliged to examine the sales items or service immediately upon delivery, maximum 5 working days after receipt and immediately submit claims to Axcess Nordic. Subsequent claims cannot be made against Axcess Nordic in relation to shortcomings and defects that are discovered, or should have been discovered, in connection with such examination. The customer’s right to make claims regarding the delivery shall be void if the Customer has made corrections or changes in the delivered. Axcess Nordic’ responsibility for defects and shortcomings is limited to remedying. Axcess Nordic shall be free to choose the form of remedying as (i)repair, redelivery or additional delivery (ii) has instructed the customer a reasonable way to circumvent the defect or shortcoming. If there are significant deficiencies and if the mail part of the deficiencies are not been remedied within a reasonable time, the Customer may set a final deadline. The deadline can not be shorter than 30 working days. The Customer can then cancel the Agreement by submitting written notice. The deadline for this can not be shorter than 21 working days. If repair is not made before expiry of this notice, the Customer may terminate the agreement in whole or in part. Axcess Nordic is solely responsible for its own deliveries. Axcess Nordic is not responsible , nor does it grant any guarantee, for the Customer’s or third parties’ services, software, products, materials, tools and methods, even though these may be a part of the delivery, except for the guarantees that Axcess Nordic can pass on to the Customer. For agreements that cover an ongoing service, special non- compliance remedies apply, as outlined in section 11.2. 10.2 Breach of contract by the Customer If the fee is not paid on time, or if the Customer otherwise fails to fulfil its duties in accordance with this Agreement, Axcess Nordic may terminate the agreement if the Customer has not remedied the situation no later than 8 days after a written demand for such remedy has been issued.

Remedies for Breach of Contract. If the Contractor violates or breaches the Contract, the WDC may avail itself of any or all of the remedies provided for elsewhere in this Contract. If there are no remedies provided for elsewhere in this Contract, the WDC may avail itself of any or all of the following remedies. After declaring the Contractor in default pursuant to the procedures in paragraph (a) of subdivision

Remedies for Breach of Contract. Suspension of performance In the event of breach of contract, the Customer may withhold payment, although the amount withheld shall not be obviously higher than what is necessary to secure the Customer's claim resulting from the breach of contract. Liquidated damages in the case of delay If the agreed date of delivery (delivery date) or other deadline in respect of which the parties have stipulated liquidated damages in Appendix 4 is not complied with, and this is not caused by force majeure or circumstances on the part of the Customer, there is a delay on the part of the Contractor that triggers liquidated damages. The liquidated damages shall accumulate automatically. The liquidated damages amount to 0.15 per cent of the total consideration payable for the deliverables (the contract price), excluding Value Added Tax, for each calendar day of delay, but albeit limited to a maximum of one hundred (100) calendar days. Other rates for liquidated damages, a different calculation basis and other periods for liquidated damages may be agreed in Appendix 4. The Customer shall not have the right to terminate the Agreement for breach for as long as the liquidated damages continue to accumulate. However, this time restriction shall not apply in the case of wilful misconduct or gross negligence on the part of the Contractor or anyone for whom it is responsible. If only parts of the agreed deliverables are delayed, the Contractor may request a reduction in the liquidated damages proportional to the ability of the Customer to utilise the part of the deliverables that has been delivered. Price reduction If the Contractor has not succeeded, despite repeated attempts, in curing a defect, the Customer shall have the right to a proportional reduction in price. The price reduction shall compensate for the reduced value of what has been delivered, and shall be independent of any damages. Termination for breach If there is a material breach of contract, the other party may, after giving the party that is in breach of contract written notice and a reasonable deadline for remedying the situation, terminate the Agreement for breach with immediate effect. The Customer may terminate all or part of the Agreement for breach with immediate effect if the deliverables are materially delayed. There is a material delay if delivery has not taken place by the time liquidated damages reach their maximum limit, or by the expiry of an extended deadline, if this expires later. Damages A party m...

Remedies for Breach of Contract. The Employee acknowledges the Company shall or may suffer serious damage or loss should the above obligations be violated. The Employee agrees that should the above obligations be violated or threatened, the Company shall have the right to seek instructive or injunction legal remedies in the courts aside from other legal remedies such as economic compensation.

Remedies for Breach of Contract. Except as otherwise provided herein, if a party (“Breaching Party”) fails to perform any of its obligations under this Contract, then the other party (“Aggrieved Party”) may at its option: a. give written notice to the Breaching Party describing the nature and scope of the breach and demand that the Breaching Party cure the breach at its cost within a reasonable time specified in the notice (“Cure Period”); and b. if the Breaching Party fails to cure the breach within the Cure Period, the Aggrieved Party may claim direct and indirect damages arising from the breach.

Remedies for Breach of Contract. Failure to complete the Services in accordance with this Agreement will be considered a material breach. In the event of such breach, the City may suspend all payments to the Provider and may pursue any and all remedies available at law or in equity. The Provider shall repay to the City any portion of the Contract Amount expended for matters not within the scope of the Services.

Remedies for Breach of Contract a. In the event the breach or threatened breach of any provision of the contract of the Employee, the Company shall be entitled to injunctions, both preliminary and final, and join in or understanding such breach or threatened breach. Such remedies shall be in addition to all other remedies available at law or in equity including the Company's right to recover from the Employee any damages that may be sustained as a result of the Employee's breach of contract. b. In addition to any other remedies the Company may have available to it under the terms of this contract, the Company shall be entitled to stop Employee, by means of injunction, from violating any part of this Agreement, and to recover by means of an accounting, any profits the Employee may have obtained in violation of this contract. The Company shall be entitled to recover its attorneys fees and expenses in any successful action by the Company to enforce this Agreement.

Remedies for Breach of Contract. 除本协议其他条款另有规定外，如果一方（“违约方”）未履行其在本协议项下的某项主要义务、承诺、陈述或保证，则其他各方（“守约方”）除享有有关法律赋予的权利外，还可选择以下救济措施： Except otherwise agreed upon by the Parties in this Agreement, if one Party (the “Defaulting Party”) fails to perform its material obligations, covenants, representations or warranties hereunder, other than rights granted by relevant laws, the other Parties (the “Non-defaulting Parties”) are also entitled to have below options: (a). 向违约方发出书面通知，说明违约的性质以及范围，并且要求违约方在通知中规定的合理期限内自费进行有效的救济；并且 Given a written notice to the Defaulting Party describing the nature and scope of the breach, and request the Defaulting Party to make any effective remedies at its own cost and within a reasonable timeframe as specified in the notice; and

Remedies for Breach of Contract. In addition to any and all other rights a party may have available according to law, if a party breaches this contract by failing to substantially perform any provision, term, or condition of this Agreement (including the failure to make a monetary payment when due), the other party may terminate this Agreement by providing written notice to the defaulting party. This notice will describe with sufficient detail the nature of the breach. The party receiving such notice will have five days from the effective date of such notice to cure the breach. Unless waived by a party providing notice, the failure to cure the breach within such time period shall result in the automatic termination of this Agreement.