BREACH BY THE CUSTOMER Sample Clauses

BREACH BY THE CUSTOMER. If the Customer:
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BREACH BY THE CUSTOMER. If the Customer is in breach of any provision of this Agreement (other than a breach of any of its payment obligations under this Agreement) and such breach causes: the Municipality to be in immediate breach of any of its Approvals and such breach requires disconnection of the Generation Facility in terms of those Approvals; personal injury to the Municipality or Customer staff or members of the public; or immediate material damage as a result of the malfunctioning of the Generation Facility on the Customer’s premises or on the Distribution System then the Municipality shall be entitled to disconnect the Generation Facility from the Distribution System immediately and without giving notice. In addition, if the Customer is in breach of any provision of this Agreement, then the Municipality shall give written notice to the Customer specifying the nature of the breach and requiring the Customer within [15 (fifteen)] days of receipt the notice to remedy the breach. Subject to clause 27., if the breach is not remedied within the period provided for in the notice issued in terms of clause 25.2., the Municipality may disconnect the Generation Facility. If, following the disconnection of the Generation Facility, the Customer has remedied the breach; the Municipality shall reconnect the Generation Facility without unreasonable delay. If, following the disconnection of the Generation Facility, the Customer applies to the Municipality for the Generation Facility to be re-connected and is refused or is offered re-connection on conditions which the Customer does not accept, then this shall be recognised as an ‘Incident’ (as defined in the Code(s)) and the Municipality shall only be obliged to re-connect the Generation Facility if NERSA or the arbitrator makes a determination to this effect in terms of clause 27.. If any breach of this Agreement by the Customer results in a disconnection of the Generation Facility and remains un-remedied for a period six (6) months reckoned from the date of the breach the Municipality may terminate this Agreement immediately upon written notice to the Customer.
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BREACH BY THE CUSTOMER. If the CUSTOMER is in breach of any provision of this Agreement (other than a breach of any of its payment obligations under this Agreement) and such breach causes: the MUNICIPALITY to be in immediate breach of any of its Approvals and such breach requires disconnection of the Facility in terms of those Approvals; or personal injury to the MUNICIPALITY or CUSTOMER staff or members of the public; or immediate material damage as a result of the malfunctioning of the Facility on the CUSTOMER’s premises or on the Distribution System, then the MUNICIPALITY shall be entitled to disconnect the Facility from the Distribution System immediately and without giving notice. In addition, if the CUSTOMER is in breach of any provision of this Agreement, then the MUNICIPALITY must give written notice to the CUSTOMER specifying in reasonable detail the nature of the breach and requiring the CUSTOMER within [30 (thirty)] days after receipt of such notice to remedy the breach (or within any longer period as approved by the MUNICIPALITY, such approval not to be unreasonably withheld or delayed). Whenever the MUNICIPALITY serves a notice on the CUSTOMER pursuant to clause 24.1.2., the Parties shall engage in discussions without delay on the nature and effects of the breach and each shall use all appropriate procedures available to them under this Agreement or the Code(s) (including testing rights and the procedures set out in the Code(s)) in an attempt to establish as quickly as reasonably practicable a mutually acceptable way of ensuring future compliance by the CUSTOMER with the relevant provision of the Agreement; provided that the failure of either Party to participate in such discussions shall not prevent the MUNICIPALITY from proceeding in accordance with the remaining provisions in this clause 24.1..
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BREACH BY THE CUSTOMER. Without prejudice to Clause 9 hereof, if the company is unable to obtain
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BREACH BY THE CUSTOMER. If the Customer: INITIAL Version 6: 01 October 2017
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BREACH BY THE CUSTOMER. 25.1.1. If the CUSTOMER is in breach of any provision of this Agreement (other than a breach of any of its payment obligations under this Agreement) and such breach causes:
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BREACH BY THE CUSTOMER. In case of material breach by the customer the general rules of Danish law shall apply, but with the below mentioned modifications. The customer will be liable for any documented losses suffered by the service provider due to the customer’s failure to perform its obligations to participate in the execution of the agreement, if the service provider has submitted a demand, specifying that the customer has committed a specified breach of its obligations to participate, and that any failure on the customer’s part to participate within 15 working days will render the customer liable for the service provider’s documented losses. The customer's liability to pay damages under the agreement shall not exceed 150.000 EUR. The customer shall not in any case be liable for operating loss, consequential damage or any other indirect loss. The service provider cannot claim any reimbursement from the customer for any services provided under this agreement. The customer will decline responsibility in any conflict between the service provider and a visa applicant. These limitations shall only be applicable if the loss cannot be ascribed to gross negligence or willful conduct by the customer.
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Related to BREACH BY THE CUSTOMER

  • Breach by Seller In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser’s default, Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit, if any, shall be forthwith returned by the title company to Purchaser.

  • Breach by Licensee a. The licensee shall have five (5) business days from its receipt of written notice by Producer and/or Producer’s authorized representative to cure any alleged breach of this Agreement by Licensee. Licensee’s failure to cure the alleged breach within five (5) business days shall result in Licensee’s default of its obligations, its breach of this Agreement, and at Producer's sole discretion, the termination of Licensee’s rights hereunder.

  • TERMINATION BY MPS - BREACH BY CONTRACTOR If Contractor fails to fulfill its obligations under this Contract in a timely or proper manner, or violates any of its provisions, MPS shall thereupon have the right to terminate it by giving five (5) days written notice before the effective date of termination of the Contract, specifying the alleged violations, and effective date of termination. The Contract shall not be terminated if, upon receipt of the notice, Contractor promptly cures the alleged violation with five (5) days. In the event of termination, MPS will only be liable for services rendered through the date of termination and not for the uncompleted portion, or for any materials or services purchased or paid for by Contractor for use in completing the Contract.

  • BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser’s obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit, if any, from the title company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller’s sole remedy hereunder in such event. If no Escrow Deposit has been made then Seller shall receive the amount of $500 as liquidated damages for any failure by Purchaser.

  • Waiver by the Company The Company irrevocably waives acceptance hereof, presentment, demand, protest and any notice not provided for herein, as well as any requirement that at any time any action be taken by any Person against any Eligible Subsidiary or any other Person.

  • REPRESENTATIONS BY THE COMPANY 3.1 The Company represents and warrants to the Subscriber that:

  • Breach by Authorized User An Authorized User’s breach shall not be deemed a breach of the Centralized Contract; rather, it shall be deemed a breach of the Authorized User’s performance under the terms and conditions of the Centralized Contract.

  • Material Breach of Contract In the event Contractor fails to deliver the product and services as contracted for herein, to the satisfaction of the City of Sparks or otherwise fails to perform any provisions of this Contract, the City, after providing five (5) days written notice and Contractor’s failure to cure such breach within the time specified in the notice, may without waiving any other remedy, make good the deficiencies and deduct the actual cost of providing alternative products and/or services from payment due the Contractor. Non-performance after the first notice of non-performance shall be considered a material breach of contract.

  • Breach of Representations In entering into this Agreement, Consultant acknowledges that County is materially relying on the representations, warranties, and certifications of Consultant stated in this article. County shall be entitled to recover any damages it incurs to the extent any such representation or warranty is untrue. In addition, if any such representation, warranty, or certification is false, County shall have the right, at its sole discretion, to terminate this Agreement without any further liability to Consultant, to deduct from the compensation due Consultant under this Agreement the full amount of any value paid in violation of a representation or warranty, and to recover all sums paid to Consultant under this Agreement. Furthermore, a false representation may result in debarment from County’s procurement activities.

  • Breach A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

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