Termination for fault Clause Samples
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Termination for fault. 19.3.1 The Commonwealth may terminate this Agreement by notice where the Grantee has:
(a) failed to comply with an obligation under this Agreement and the Commonwealth believes that the non‐compliance is incapable of remedy or where clause 19.2.2(b) applies;
(b) provided false or misleading statements in relation to the Grant; or
(c) become bankrupt or insolvent, entered into a scheme of arrangement with creditors, or come under any form of external administration.
19.3.2 The Grantee agrees, on receipt of the notice of termination, to:
(a) stop the performance of the Grantee’s obligations;
(b) take all available steps to minimise loss resulting from the termination; and
(c) report on, and return any part of the Grant to the Commonwealth, or otherwise deal with the Grant, as directed by the Commonwealth. Cancellation or reduction for convenience
20.1 The Commonwealth may cancel or reduce the scope of this Agreement by notice, due to:
(a) a change in government policy; or
(b) a Change in the Control of the Grantee which the Commonwealth reasonably believes will negatively affect the Grantee’s ability to comply with this Agreement.
20.2 On receipt of a notice of reduction or cancellation under this clause, the Grantee agrees to:
(a) stop or reduce the performance of the Grantee's obligations as specified in the notice; and
(b) take all available steps to minimise loss resulting from that reduction or cancellation; and
(c) continue performing any part of the Activity or the Agreement not affected by the notice if requested to do so by the Commonwealth;
(d) report on, and return any part of the Grant to the Commonwealth, or otherwise deal with the Grant, as directed by the Commonwealth.
20.3 In the event of reduction or cancellation under this clause, the Commonwealth will be liable only to:
(a) pay any part of the Grant due and owing to the Grantee under this Agreement at the date of the notice; and
(b) reimburse any reasonable and substantiated expenses the Grantee unavoidably incurs that relate directly and entirely to the reduction in scope or cancellation of the Agreement.
Termination for fault. The Commonwealth may terminate this Agreement by notice where the Grantee has:
Termination for fault. 19.3.1 The Commonwealth may terminate this Agreement by notice where the Grantee has:
(a) failed to comply with an obligation under this Agreement and the Commonwealth believes that the non‐compliance is incapable of remedy or where clause 19.2.2(b) applies; or
(b) provided false or misleading statements in relation to the Grant; or
(c) become bankrupt or insolvent, entered into a scheme of arrangement with creditors, or come under any form of external administration; or
(d) in addition to clause 19.3.1(a), breached the requirements in subclause 1.3.
19.3.2 The Grantee agrees, on receipt of the notice of termination, to:
(a) stop the performance of the Grantee’s obligations;
(b) take all available steps to minimise loss resulting from the termination; and
(c) report on, and return any part of the Grant to the Commonwealth, or otherwise deal with the Grant, as directed by the Commonwealth.
Termination for fault. 19.3.1 The Commonwealth may terminate this Agreement by notice where the Grantee has:
(a) failed to comply with an obligation under this Agreement and the Commonwealth believes that the non‐compliance is incapable of remedy or where clause 19.2.2(b) applies;
(b) provided false or misleading statements in relation to the Grant; or
(c) become bankrupt or insolvent, entered into a scheme of arrangement with creditors, or come under any form of external administration.
19.3.2 The Grantee agrees, on receipt of the notice of termination, to:
(a) stop the performance of the Grantee’s obligations;
(b) take all available steps to minimise loss resulting from the termination; and
(c) report on, and return any part of the Grant to the Commonwealth, or otherwise deal with the Grant, as directed by the Commonwealth.
Termination for fault. 17.2.1. If the Recipient does not comply with any of its obligations under this Agreement, then the Commonwealth:
a. if it considers that the non-compliance is not capable of remedy - may by notice terminate this Agreement immediately;
b. if it considers that the non-compliance is capable of remedy - may, by notice require that the non-compliance be remedied within the time specified in the notice, and if not remedied within that time, may terminate the Agreement immediately by giving a second notice.
17.2.2. The Commonwealth may also by notice terminate this Agreement immediately if:
a. the Recipient comes under one of the forms of external administration referred to in Chapter 5 of the Corporations ▇▇▇ ▇▇▇▇ (Cth) or equivalent provisions in legislation of the States and Territories pertaining to incorporated associations or Chapter 11 of the Corporations (Aboriginal and ▇▇▇▇▇▇ ▇▇▇▇▇▇ Islander) Act 2006 (Cth) or has an order made against it for the purpose of placing it under external administration;
b. the Recipient is unable to pay all its debts as and when they become due and payable or it fails to comply with a statutory demand within the meaning of sections 459E and 459F of the Corporations ▇▇▇ ▇▇▇▇ (Cth);
c. proceedings are initiated with a view to obtaining an order for winding up the Recipient, or any shareholder, member or director convenes a meeting for the purpose of considering or passing of any resolution for winding up the Recipient;
d. in relation to this Agreement, the Recipient breaches any law of the Commonwealth of Australia, or of a State or Territory;
e. the Recipient becomes bankrupt or enters into a scheme of arrangement with creditors;
f. another clause of this Agreement allows for termination under this clause 17.2; or
g. the Commonwealth is satisfied that any statement made in the Recipient’s application for Funding is incorrect, incomplete, false or misleading in a way which would have affected the original decision to approve the Funding.
17.2.3. Where the Commonwealth terminates this Agreement under clause 17.2 the Commonwealth:
a. will be liable only to pay Funding due and owing to the Recipient under the payment provisions of the Agreement before the date of the notice of termination; and
b. will be entitled to recover from the Recipient any part of the Funding which:
i. is not legally committed for expenditure by the Recipient in accordance with the Agreement and payable by the Recipient by the date that the notice of termi...
Termination for fault. The Commonwealth may terminate this Agreement by notice where the Grantee has: failed to comply with an obligation under this Agreement and the Commonwealth believes that the non‐compliance is incapable of remedy or where clause 19.2.2(b) applies provided false or misleading statements in relation to the Grant; or become bankrupt or insolvent, entered into a scheme of arrangement with creditors, or come under any form of external administration.
Termination for fault.
11.2.1. If a party fails to satisfy any of its obligations under this contract, then the other party - if it considers that the failure is:
a. not capable of remedy: may, by notice, terminate the contract immediately or b. capable of remedy: may, by notice require that the failure be remedied within the time specified in the notice and, if not remedied within that time, may terminate the contract immediately by giving a second notice.
11.2.2. The High Court may also by notice terminate this contract immediately (but without prejudice to any prior right of action or remedy which either party has or may have) if the Service Provider:
a. being a corporation: comes under one of the forms of external administration referred to in chapter 5 of the Corporations Act 2001 (Cth), or has an order made against it for the purpose of placing it under external administration or
b. being an individual: becomes bankrupt or enters into a scheme of arrangement with creditors.
Termination for fault. In the event of a serious breach or repeated breaches by one of the Parties of its obligations under the Contract, and without prejudice to the application of the penalties provided for under the Contract for said breaches, the other Party may terminate the Contract unilaterally with a date of effect thirty (30) calendar days from the last day of the month during which the termination notice was issued. The following shall, in particular, constitute a serious breach by the Shipper: o the loss, withdrawal or suspension, for any reason whatsoever, of the Shipper's authorisation to supply;
Termination for fault. GBRF may by notice terminate this Agreement immediately if:
(a) the Funding Recipient breaches this Agreement and GBRF considers that the breach cannot be rectified;
(b) the Funding Recipient does anything which, in the reasonable opinion of GBRF, might negatively impact the image or reputation of GBRF or the Project or is in conflict with the Reef Trust Partnership; or
(c) the Funding Recipient breaches this Agreement and does not rectify the breach within 10 Business Days after receiving notice to do so from GBRF;
(d) the Funding Recipient comes under one of the forms of external administration referred to in Chapter 5 of the Corporations ▇▇▇ ▇▇▇▇ (Cth);
(e) the Funding Recipient is unable pay all its debts as and when they become payable or it fails to comply with a statutory demand within the meaning of sections 459E or 459F of the Corporations ▇▇▇ ▇▇▇▇ (Cth);
(f) proceedings are initiated with a view to obtaining an order for winding up the Funding Recipient, or a resolution of the members is passed to wind up the Funding Recipient;
(g) there is a change in the Funding Recipient's control (as defined in section 50AA of the Corporations Act), constitution, structure, management or operations that the Funding Recipient reasonably believes is likely to materially adversely affect the Funding Recipient's ability to perform the Project in accordance with this Agreement;
(h) the Funding Recipient breaches a Law relating to the performance of a Project;
(i) the Funding Recipient advises that it wishes to withdraw from this Agreement;
(j) another clause of this Agreement allows for a termination under this clause 20.2: (each, a Termination Event).
Termination for fault. 13.1. If the Recipient fails to fulfil, or is in breach of any of its obligations under this Agreement, the Commonwealth may by notice terminate this Agreement immediately.