RIGHTS ON CANCELLATION Clause Samples

RIGHTS ON CANCELLATION. 21.1 If this Agreement or Purchase Order is cancelled in whole or in part in terms of the [Total or Partial Failure to Perform] clause, Transnet may execute or complete this Agreement with any other entity and do so on such terms as it may deem proper, or may procure other comparable Goods in substitution for those neglected to be manufactured or supplied or rejected as aforesaid, and may recover from the Supplier the difference between the cost of such Goods and the Price [if the latter was lower] as well as any costs and expenses [including any additional transport costs] which Transnet may have had to incur in consequence of the Supplier’s default. 21.2 Any amount which may be recoverable from the Supplier in terms of clause 21.1 above, without prejudice to any other legal remedies available to Transnet, may be deducted in whole or in part from any monies in the hands of Transnet and due for payment to the Supplier.

RIGHTS ON CANCELLATION. 25.1 If this Agreement or Purchase Order is cancelled in whole or in part in terms of clause 23 22 [Total or Partial Failure to Perform], Transnet may execute or complete this Agreement with any other entity and do so on such terms as it may deem proper, or may procure other comparable Services in substitution for those neglected to be manufactured or supplied or rejected as aforesaid, and may recover from the Supplier the difference between the cost of such Services and the Price [if the latter was lower] as well as any costs and expenses [including any additional transport costs] which Transnet may have had to incur in consequence of the Terminal Operator’s default. 25.2 Any amount which may be recoverable from the Terminal Operator in terms of clause 25.1 above, without prejudice to any other legal remedies available to Transnet, may be deducted in whole or in part from any monies in the hands of Transnet and due for payment to the Terminal Operator.

RIGHTS ON CANCELLATION. 21.1 If this Agreement or Purchase Order is cancelled in whole or in part in terms of the [Total or Partial Failure to Perform] clause, Transnet may execute or complete this Agreement with any other entity and do so on such terms as it may deem proper, or may procure other comparable Goods in for the Supply and Delivery of Various Regulators for the Manufacturing Business Durban Main Centre for a 12-month period on an as and when required basis substitution for those neglected to be manufactured or supplied or rejected as aforesaid, and may recover from the Supplier the difference between the cost of such Goods and the Price [if the latter was lower] as well as any costs and expenses [including any additional transport costs] which Transnet may have had to incur in consequence of the Supplier’s default. 21.2 Any amount which may be recoverable from the Supplier in terms of clause 21.1 above, without prejudice to any other legal remedies available to Transnet, may be deducted in whole or in part from any monies in the hands of Transnet and due for payment to the Supplier.

RIGHTS ON CANCELLATION. 20.1 If this Agreement or Purchase Order is cancelled in whole Transnet may execute or complete this Agreement with any other entity and do so on such terms as it may deem proper, or may procure other comparable Services in substitution for those neglected to be manufactured or supplied or rejected as aforesaid, and may recover from the Supplier the difference between the cost of such Services and the Price [if the latter was lower] as well as any costs and expenses [including any additional transport costs] which Transnet may have had to incur in consequence of the Supplier’s/Service Provider’s default.‌ 20.2 Any amount which may be recoverable from the Service Provider in terms of clause 20.1 above, without prejudice to any other legal remedies available to Transnet, may be deducted in whole or in part from any monies in the hands of Transnet and due for payment to the Service Provider.

RIGHTS ON CANCELLATION. 22.1 If this Agreement or Purchase Order is cancelled in whole or in part in terms of clause 206 , Transnet may execute or complete this Agreement with any other entity and do so on such terms as it may deem proper, or may procure other comparable Services in substitution for those neglected to be manufactured or supplied or rejected as aforesaid, and may recover from the Supplier the difference between the cost of such Services and the Price [if the latter was lower] as well as any costs and expenses [including any additional transport costs] which default. 22.2 Any amount which may be recoverable from the Supplier/Service Provider in terms of clause 22.1 above, without prejudice to any other legal remedies available to Transnet, may be deducted in whole or in part from any monies in the hands of Transnet and due for payment to the Supplier/Service Provider.