Termination for Non-Performance Sample Clauses
The Termination for Non-Performance clause allows one party to end the contract if the other party fails to fulfill their contractual obligations. Typically, this clause outlines specific conditions or timeframes under which non-performance is determined, such as missed deadlines or failure to deliver agreed-upon goods or services, and may require written notice before termination takes effect. Its core function is to protect parties from being bound to an agreement when the other side does not meet their commitments, thereby providing a clear remedy for breaches and encouraging compliance.
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Termination for Non-Performance. Should a party to this Agreement fail to materially perform in accordance with the terms and conditions of this Agreement, this Agreement may be terminated by the performing party if the performing party first provides written notice to the non-performing party which notice shall specify the non-performance, provide both a demand to cure the non-performance and reasonable time to cure the non-performance, and state a date upon which the Agreement shall be terminated if there is a failure to timely cure the non- performance. For purpose of this Section 4.4, “reasonable time” shall be not less than five (5) business days. In the event of a failure to timely cure a non- performance and upon the date of the resulting termination for non-performance, the Contractor shall prepare a final accounting and final invoice of charges for all performed but unpaid Services and authorized reimbursable expenses. Such final accounting and final invoice shall be delivered to the Town within fifteen (15) days of the date of termination; thereafter, no other invoice, bill, or other form of statement of charges owing to the Contractor shall be submitted to or accepted by the Town. Provided that notice of non-performance is provided in accordance with this Section 4.4, nothing in this Section 4.4 shall prevent, preclude, or limit any claim or action for default or breach of contract resulting from non-performance by a Party.
Termination for Non-Performance. Either Party may terminate this Agreement if the other Party fails to perform a material provision of this Agreement as required herein, provided that the Party seeking termination shall provide prior written notice of its intention to terminate to the other Party, which notice shall fully describe how the other Party failed to perform a material provision of this Agreement, and provided further that the dispute has not been resolved by following the procedures set forth in Section 9 above. If the Parties are unable to resolve the dispute following the procedures set forth in Section 9, the Party seeking termination may provide a written notification of termination to the other Party, and such termination shall become effective thirty (30) days after the other Party has received such written notification. The procedures of this Section 10.1 shall not apply to terminations under Section 10.2 and 10.3 of this Agreement.
Termination for Non-Performance. In the event that either Party breaches any of the terms hereof, then either Party (whether in breach or not) may terminate this Agreement upon thirty days written notice.
Termination for Non-Performance. If either party refuses, fails or is unable to perform or observe any of the terms or conditions of this Agreement for any reason other than for Excused Performance as set forth in this Agreement, the party claiming such deficiency shall provide the breaching party written notice of any such breach. If the breaching party remedies such breach within (i) three (3) days in the case of failure to make payment when due, (ii) fifteen (15) days in the case of any other breach, or (iii) a reasonable time where cure is not possible within fifteen
Termination for Non-Performance. 27.1. You may terminate the Service Contract immediately if we breach a Service Level Agreement and fail to remedy the breach within 14 days after receiving a notice detailing the breach and requiring that it be cured;
27.2. Termination of a Service Contract does not affect our rights of action based on any breach by you before the termination and is without prejudice to any other rights we may have to recover other sums from you.
27.3. On termination we may retain all moneys paid to us under the Service Contract;
27.4. If you terminate a Service Contract prior to its expiry as per clause 27.1, then no termination fee will be payable.
Termination for Non-Performance. If, based on the evaluation thereof made by Nissan, Dealer shall fail to substantially fulfill its responsibilities with respect to:
(i) the development of the Peninsula CMO according to the Market Area Plan;
(ii) the implementation of the plans set forth in the Business Plan, including but not limited to any deviation therefrom; or (iii) the performance of its sales, service, customer relations or other obligations based on the standards established therefor in the Business Plan; Nissan will notify Dealer of such failure and will review with Dealer the nature and extent of such failure and the reasons which, in Nissan's or Dealer's opinion, account for such failure. Thereafter, Nissan will provide Dealer with a reasonable opportunity to correct the failure. If Dealer fails to make substantial progress towards remedying such failure before the expiration of such period, Nissan, may, direct Dealer to transfer its rights and obligations under this Agreement to another entity, acceptable to Nissan, within a reasonable time. Should Dealer fail to do so Nissan may (a) terminate this Agreement by giving Dealer notice of termination, such termination to be effective at least sixty (60) days after such notice is given, (b) exercise its option to purchase the principal assets of Dealer utilized in the business, including such real property as Nissan in its sole discretion may elect to purchase, and cancel the CMO Agreement and the Dealer Agreement pursuant to Paragraph 10.C hereof, or (c) restructure the Peninsula CMO and reassign to other Authorized Nissan Dealers any areas necessary to achieve the maximum potential development of the Peninsula CMO.
Termination for Non-Performance each party shall be entitled to terminate the Agreement in writing and with immediate effect if another party commits a serious breach of any stipulation of the Agreement, that is irremediable or, when it is remediable, has not been remedied within thirty days of the written request made in respect of this (or, when it is not possible to remedy it within this timeframe, when reasonable efforts have not been undertaken within thirty days with a view to remedying the breach).
Termination for Non-Performance. Should a Party fail substantially to perform in accordance with the terms and conditions of this Agreement, this Agreement may be terminated by the performing Party in accordance with this section. The performing Party shall first notify in writing the non-performing Party of the specific failure to perform which notice shall demand that such non- performance be cured or remedied within not less than ten (10) days of the date of the delivery of such notice. In the event the non-performing Party fails to timely cure or remedy such non-performance following such notice and demand, the performing Party may elect to terminate the Agreement by notifying the non-performing Party in writing of its election to terminate for non-performance which termination shall be effective upon the non-performing Party's receipt of such notice of termination.
Termination for Non-Performance. This Agreement may be terminated by either party hereto if the other party fails or refuses to close the purchase and sale of the Aircraft in accordance with the terms and conditions of this Agreement on the Closing Date, so long as the terminating party is not otherwise in default with respect to any of its obligations pursuant to this Agreement.
Termination for Non-Performance. Failure to comply with any of the terms and conditions of this Agreement shall constitute grounds for termination. This Agreement may be terminated for non-performance by either the Employer of the OJT Agency following written notice to the other party. Such notice must be posted by certified mail, return receipt requested and must specify and document the reason for termination.