Common use of Withdrawal from the Contract Clause in Contracts

Withdrawal from the Contract. 1. Either Contracting Party is entitled to withdraw from the Contract in cases specified in this Contract and in the Act No. 513/1991 Coll. Commercial Code in wording of later regulations (hereinafter referred to as the “Commercial Code“), however especially in the case, if the other Contracting Party materially breaches its contractual obligations resulting from this Contract. The Contracting Parties have agreed that the material breach of contractual obligations shall deem also a breach of any obligation resulting from this Contract, which shall not be cured even within additional reasonable period provided for by the other Contracting Party. 2. The Buyer may withdraw from the Contract also in the case, if the Seller does not commence to cure the claimed defects within 10 business days from written application of ▇▇▇▇▇’s claim. 3. The Buyer may withdraw from this Contract also due to the reasons specified in the Act No. 343/2015 Coll. on public procurement in wording of later regulations (hereinafter referred to as the “PP Act“) or if requires so from the Buyer any other legal regulation that the Buyer is obliged to follow. 4. The withdrawal from the Contract must be exercised in writing and must be delivered to the other Contracting Party. Legal effects of withdrawal from the Contract occur on the day of delivering the written notification of withdrawal from the Contract to the other Contracting Party. 5. If a Contracting Party withdraws from a part of the Contract, the withdrawing Contracting Party must expressly specify that it withdraws from a part of the Contract only whereas it is obliged to specify the part of the Contract related to the withdrawal. 6. The Contracting Parties have agreed that in the case of withdrawal from the Contract as the whole by the Buyer, the Contracting Parties shall return back mutually all provided performances and payments. If it is not possible to return a performance back to the Seller, the Buyer shall pay for respective performance only an amount by which the Buyer has enriched upon such performance with regard to the level of development of such performance. 7. The withdrawal from the Contract has no prejudice against claims for damages arising from breach if this Contract, entitlement to contractual fines or other contractual provisions concerning the selected body of law, the resolution of disputes between the Contracting Parties and other provisions surviving termination of this Contract given the expressed will of the Contracting Parties or by their very nature. 8. In case of ▇▇▇▇▇’s withdrawal from the Contract, the Buyer has also the right to withdraw from the Contract with consideration given to a performance that has already been accepted or that has not yet been affected by delay, if such performance (given its nature) is of no economic importance for the Buyer without the remainder of the performance at which the delay has occurred.

Withdrawal from the Contract. 19.1. Either Contracting Party It is entitled possible to withdraw from the Contract in cases specified only for the reasons stipulated in this Contract, PPA or Civil Code. 9.2. The Contracting Party affected by the breach of the obligation may unilaterally withdraw from this Contract for a material breach of this Contract, and the following in particular shall be considered as a material breach of this Contract: on the Act No. 513/1991 Coll. Commercial Code in wording part of later regulations (hereinafter referred to as the “Commercial Code“)Buyer, however especially in non-payment of the casePurchase Price under this Contract within a period longer than 60 days after the due date of the relevant invoice, on the part of the Seller, if the subject-matter of performance, or a part thereof, not be properly delivered within the agreed term, on the part of the Seller, if the subject-matter of performance shall not have the properties declared by the Seller in this Contract, on the part of the Seller, if the Seller shall not remove the defects within the period specified in the Contract or in the event of a recurring defect, on the part of the Seller, if in its offer within the procurement procedure, which preceded the conclusion of this Contract, it provided information or documents that do not correspond to the facts and had or could have influenced the result of the procurement procedure. 9.3. Withdrawal from this Contract shall be made in writing and shall be duly delivered to the other Contracting Party materially breaches its contractual obligations resulting from party. Both Parties acknowledge that withdrawal is a unilateral legal act, the effects of which occur by the delivery of the expression of the will of the entitled party to withdraw to the other party, unless otherwise agreed in this Contract. The Contracting Parties have agreed that the material breach of contractual obligations shall deem also a breach of any obligation resulting from this Contract, which Buyer's withdrawal shall not be cured even within additional reasonable period provided for affect the Seller's right to damages caused by the other Contracting Party. 2. The Buyer may withdraw from the Contract also in the case, if the Seller does not commence to cure the claimed defects within 10 business days from written application of ▇▇▇▇▇’s claim. 3. The Buyer may withdraw from this Contract also due to the reasons specified in the Act No. 343/2015 Coll. on public procurement in wording of later regulations (hereinafter referred to as the “PP Act“) or if requires so from the Buyer any other legal regulation that the Buyer is obliged to follow. 4. The withdrawal from the Contract must be exercised in writing and must be delivered to the other Contracting Party. Legal effects of withdrawal from the Contract occur on the day of delivering the written notification of withdrawal from the Contract to the other Contracting Party. 5. If a Contracting Party withdraws from a part breach of the Contract, the withdrawing Contracting Party must expressly specify that it withdraws right to payment of contractual penalties and other rights and obligations, which arise from a part the provisions of the Contract only whereas it is obliged or due to specify their nature to last even after the part termination of the Contract related to the withdrawal. 6. The Contracting Parties have unless expressly agreed that otherwise in the case of withdrawal from the Contract as the whole by the Buyer, the Contracting Parties shall return back mutually all provided performances and payments. If it is not possible to return a performance back to the Seller, the Buyer shall pay for respective performance only an amount by which the Buyer has enriched upon such performance with regard to the level of development of such performance. 7. The withdrawal from the Contract has no prejudice against claims for damages arising from breach if this Contract, entitlement to contractual fines or other contractual provisions concerning the selected body of law, the resolution of disputes between the Contracting Parties and other provisions surviving termination of this Contract given the expressed will of the Contracting Parties or by their very nature. 8. In case of ▇▇▇▇▇’s withdrawal from the Contract, the Buyer has also the right to withdraw from the Contract with consideration given to a performance that has already been accepted or that has not yet been affected by delay, if such performance (given its nature) is of no economic importance for the Buyer without the remainder of the performance at which the delay has occurred.

Withdrawal from the Contract. 110.1 The Contract terminates upon fulfilment of all obligations of the Contracting Parties arising from this Contract under the conditions agreed upon in this Contract. Either Termination of this Contract may also occur by a written agreement of the Contracting Party Parties. 10.2 Withdrawal from the Contract must be communicated in writing. Withdrawal from the Contract is entitled governed by the Contract itself and, in other cases, by Section 344 and the following provisions of the Commercial Code 10.3 Effects of withdrawal occur on the day of delivery of the notice of withdrawal. 10.4 In the event of withdrawal by one of the Contracting Parties from this Contract, the Client shall pay the Contractor a proportionate, substantiated part of the price corresponding to the work completed for relevant performance phase after delivery and acceptance of the work in progress. 10.5 Assessment and takeover of work performed by the Contractor shall be carried out within 14 days after withdrawal from the Contract. The Client reserves a period of 7 days from the receipt of the documents for assessment. 10.6 The Client may withdraw from the Contract in cases specified in this Contract and in the Act No. 513/1991 Coll. Commercial Code in wording event of later regulations (hereinafter referred to as the “Commercial Code“), however especially in the case, if the other Contracting Party materially breaches its contractual obligations resulting from this Contract. The Contracting Parties have agreed that the material breach of contractual obligations shall deem also a breach the Contract as specified in point 8.10. From the date of any obligation resulting from this Contractreceipt of the notice of withdrawal, which shall not be cured even within additional reasonable period provided for by the other Contracting PartyContractor is obligated to cease activities. However, the Contractor is obliged to notify the Client on measures necessary to prevent immediate harm to the Client due to the incomplete activities related to the matter. 2. 10.7 The Buyer Contractor may withdraw from the Contract also in the case, if performance becomes impossible due to force majeure or if the Seller does not commence Client fails to cure provide necessary cooperation for longer than 3 months. For the claimed defects within 10 business days from written application purposes of ▇▇▇▇▇’s claim. 3. The Buyer may withdraw from this Contract also due to the reasons specified in the Act No. 343/2015 Coll. on public procurement in wording of later regulations (hereinafter referred to as the “PP Act“) or if requires so from the Buyer any other legal regulation that the Buyer is obliged to follow. 4. The withdrawal from the Contract must be exercised in writing and must be delivered to the other Contracting Party. Legal effects of withdrawal from the Contract occur on the day of delivering the written notification of withdrawal from the Contract to the other Contracting Party. 5. If a Contracting Party withdraws from a part of the Contract, the withdrawing Contracting Party must expressly specify that it withdraws from a part of the Contract only whereas it is obliged to specify the part of the Contract related to the withdrawal. 6. The Contracting Parties have agreed that in the case of withdrawal from the Contract as the whole by the Buyer, the Contracting Parties shall return back mutually all provided performances and payments. If it is not possible to return a performance back to the Seller, the Buyer shall pay for respective performance only an amount by which the Buyer has enriched upon such performance with regard to the level of development of such performance. 7. The withdrawal from the Contract has no prejudice against claims for damages arising from breach if this Contract, entitlement force majeure refers to contractual fines or other contractual provisions concerning the selected body of lawcases that are not dependent on, the resolution of disputes between and cannot be influenced by the Contracting Parties and other provisions surviving termination of this Contract given the expressed will of the Contracting Parties or by their very natureParties. 8. In case of ▇▇▇▇▇’s withdrawal from the Contract, the Buyer has also the right to 10.8 The Contractor may withdraw from the Contract with consideration given to a performance that has already been accepted or that has not yet been affected by delay, if such performance (given its nature) is in the event of no economic importance for the Buyer without the remainder material breach of the performance at Contract as specified in point 8.11. From the date of receipt of the notice of withdrawal, the Contractor's obligation to perform the activity to which they committed ceases. If such cessation of activity would result in damage to the delay has occurredClient, the Contractor is obligated to notify the Client of the measures necessary to prevent it. If the Client is unable to take these measures themselves or with the assistance of others and requests the Contractor to do so, the Contractor is obligated to carry out such measures. The Contractor's obligation terminates upon its fulfilment.