Common use of Supplier Default Clause in Contracts

Supplier Default. 34.1.1 If the Supplier: 34.1.1.1 breaches any material provision of this Agreement and fails to remedy the breach within fourteen (14) days of written notice to do so, or such longer time period as agreed to by the Company; 34.1.1.2 takes steps to place itself, or is placed, in liquidation, whether voluntary or compulsory, or in judicial management, in either case whether provisionally or finally; 34.1.1.3 takes steps to deregister itself or is deregistered; 34.1.1.4 commits an act of insolvency as defined in the applicable Laws pertaining to insolvency as at the date of this Agreement, or, being a corporate body, commits an act which would be such an act of insolvency if committed by a natural Person; 34.1.1.5 undergoes a change of control without the prior written consent of the Company; 34.1.1.6 is unable to meet its day-to-day liabilities and/or its liabilities exceed its assets; 34.1.1.7 falsifies any documents or records or commits any act of fraud or dishonesty in respect of its dealings with the Company or matters arising from the terms of this Agreement; 34.1.1.8 cedes, delegates, assigns or transfers (or purports to do so) its rights, benefits or obligations under this Agreement without the prior written consent of the Company; 34.1.1.9 sells the whole or any material part of its business, assets and/or its facilities to any third party without the prior written consent of the Company; and/or 34.1.1.10 commits, in the opinion of the Company Representative, a breach of any of the provisions of this Agreement, the Supplier shall be in default. 34.1.2 If the Supplier is in default, the Company will be entitled, in addition to all other remedies in terms of this Agreement or at law or equity: 34.1.2.1 to demand specific performance of this Agreement and to take such action as may be necessary in order to implement and fulfil its rights herein and to recover any damage which it may suffer as a result of the Supplier’s default; or 34.1.2.2 to terminate forthwith this Agreement and claim such damages as the Company may have suffered as a result of the Supplier’s default. 34.1.3 Further, the Company is entitled (but not obliged) to request copies of all subcontracts and other agreements between the Supplier and third parties which relate to the Products. The Company is also entitled to direct the Supplier to: 34.1.3.1 procure, the assignment to the Company, or to another Person or entity designated by the Company, of the Supplier’s rights and obligations under such of those subcontracts and agreements as the Company may delegate; and/or 34.1.3.2 take such other action relating to such subcontracts and agreements as the Company may reasonably specify.

Supplier Default. 34.1.1 33.1.1 If the Supplier: 34.1.1.1 33.1.1.1 breaches any material provision of this Agreement and fails to remedy the breach within fourteen (14) 14 days of written notice to do so, or such longer time period as agreed to by the CompanyCompany in writing; 34.1.1.2 33.1.1.2 takes steps to place itself, or is placed, in liquidation, whether voluntary or compulsory, or in judicial management, management in either case whether provisionally or finallyfinally or in business rescue; 34.1.1.3 33.1.1.3 takes steps to deregister itself or is deregistered; 34.1.1.4 33.1.1.4 commits an act of insolvency as defined in the applicable Laws pertaining to insolvency as at the date of this Agreement, or, being a corporate body, commits an act which would be such an act of insolvency if committed by a natural Personperson; 34.1.1.5 33.1.1.5 undergoes a change of control Control without the prior written consent of the Company; 34.1.1.6 33.1.1.6 is unable to meet its day-to-day liabilities and/or its liabilities exceed its assets; 34.1.1.7 33.1.1.7 falsifies any documents or records or commits any act of fraud or dishonesty in respect of its dealings with the Company or matters arising from the terms of this Agreement; 34.1.1.8 33.1.1.8 cedes, delegates, assigns or transfers (or purports to do so) its rights, benefits or obligations under this Agreement without the prior written consent of the Company;; and/or 34.1.1.9 33.1.1.9 sells the whole or any material part of its business, assets and/or its facilities to any third party without the prior written consent of the Company; and/or 34.1.1.10 commits, in the opinion of the Company Representative, a breach of any of the provisions of this Agreement, then the Supplier shall be in default. 34.1.2 33.1.2 If the Supplier is in default, the Company will be entitled, in addition to all other remedies in terms of this Agreement or at law or equityLaw: 34.1.2.1 33.1.2.1 to demand specific performance of this Agreement and to take such action as may be necessary in order to implement and fulfil its rights herein and to recover any damage which it may suffer as a result of the Supplier’s default; or 34.1.2.2 33.1.2.2 to terminate forthwith this Agreement and claim such damages as the Company may have suffered as a result of the Supplier’s default. 34.1.3 33.1.3 Further, if the Supplier is in default the Company is entitled (but not obliged) to request copies of all subcontracts sub-contracts and other agreements between the Supplier and third parties its Personnel which relate to the ProductsProducts and/or Services. The Company is also entitled to direct the Supplier to: 34.1.3.1 procure, 33.1.3.1 procure the assignment to the Company, or to another Person person or entity designated by the Company, of the Supplier’s rights and obligations under such of those subcontracts sub-contracts and agreements as the Company may delegatedirect; and/or 34.1.3.2 33.1.3.2 take such other action relating to such subcontracts sub-contracts and agreements as the Company may reasonably specify.