Remedies for GOB Nonperformance Clause Samples

The "Remedies for GOB Nonperformance" clause defines the actions and recourse available to a party if the Government of Bangladesh (GOB) fails to fulfill its contractual obligations. Typically, this clause outlines specific steps such as written notice requirements, opportunities for the GOB to cure the breach, and the types of remedies available, which may include suspension of services, termination of the agreement, or claims for damages. Its core practical function is to provide a clear framework for addressing and resolving instances of nonperformance by the GOB, thereby protecting the interests of the other contracting party and ensuring accountability.
Remedies for GOB Nonperformance. (a) If the Company and its Contractors have complied and are in compliance with Section 4.1 and Section 4.2 and any of the Consents specified in Schedule 1 - Part 1-B is not received within sixty (60) Days following the filing of the application that materially and adversely affect the Company’s ability to perform its obligations under any document within the Security Package (despite the Company’s compliance with the applicable procedural and substantive requirements of the Consent or the application therefor), the Required Commercial Operations Date shall be extended on a Day-for-Day basis for each Day that any such Consent or Consents cease to remain in full force or effect or continue to be subject to any such material adverse terms or conditions (despite compliance with the applicable procedural and substantive requirements of such Consent or Consents) following the expiration of the sixty (60) Day period, as the case may be: Provided, that during any period where more than one (1) Consent remains outstanding (following the end of the sixty (60) Day period), the Company shall be entitled to only one (1) Day of extension for each one (1) Day in such period. For the purposes of this Section 4.5(a) the references to “Consent or Consents remains outstanding” shall be deemed to include any Consent or Consents not issued or renewed and, following issuance, any Consent or Consents ceasing to remain in full force and effect or made subject to any terms or conditions that materially and adversely affect the Company’s ability to perform its obligations under any document within the Security Package (despite the Company’s compliance with the applicable procedural and substantive requirements of the Consent or the application thereof). (b) If such outstanding Consent or Consents have not been issued or renewed by the end of six
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Related to Remedies for GOB Nonperformance

  • Remedies for Noncompliance Failure to comply with any part of this Section is a material breach of this Agreement. Engineer could immediately, and without notice, have all compensation withheld or suspended, be suspended from providing further Services, or be terminated from this Agreement for any lapse in coverage or material change in coverage which causes Engineer to be in noncompliance with the requirements of this Section.

  • Breach and Remedies for Breach The benefits associated with Sector membership will only accrue to the Members if each of them strictly complies with this Agreement. Each Member will make significant operational and financial commitments based on this Agreement, and any Member’s failure to fulfill any of its obligations under this Agreement could have significant adverse consequences for some or all other Members. Any failure by a Member to fulfill any of its obligations under this Agreement shall constitute a breach of this Agreement. Each Member shall be bound by the procedures set forth in this Section for determining whether a Member has breached this Agreement. The Sector shall be entitled to the remedies set forth in this Section if a Member is determined by the Sector to have breached this Agreement. Each Member shall take all actions and execute all documents the Manager deems necessary or convenient to give effect to the provisions of this Section.

  • Remedies for Default (a) Enterprise Services’ rights to suspend and terminate Contractor’s rights under this Contract are in addition to all other available remedies. (b) In the event of termination for default, Enterprise Services may exercise any remedy provided by law including, without limitation, the right to procure for all Purchasers replacement Services. In such event, Contractor shall be liable to Enterprise Services for damages as authorized by law including, but not limited to, any price difference between the Contract price and the replacement or cover price as well as any administrative and/or transaction costs directly related to such replacement procurement – e.g., the cost of the competitive procurement.

  • Remedies for Non-Compliance The Recipient agrees that if FTA determines that the Recipient or a Third Party Participant receiving federal assistance under 49 U.S.C. chapter 53 is not in compliance with 49 CFR Part 655, the Federal Transit Administrator may bar that Recipient or Third Party Participant from receiving all or a portion of the federal transit assistance for public transportation it would otherwise receive.

  • Remedies for Contractor Breach Pertaining to contract-related issues, it is the responsibility of both CMHA and the contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA or the contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues: 20.16.1.1. If the contractor is in material breach of the contract, CMHA may promptly invoke the termination clause detailed within Section No. 3, form HUD-5370-C, General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. Prior to termination, CMHA may choose to warn 20.16.1.3. After termination, if the contractor does not agree with CMHA’s justification for the termination, the contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHA’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.