CONTRACTUAL TERMINATION Sample Clauses
The Contractual Termination clause defines the conditions under which either party may end the agreement before its natural expiration. Typically, this clause outlines specific events or breaches that justify termination, such as failure to perform obligations, insolvency, or mutual agreement, and may require written notice within a set period. Its core function is to provide a clear, agreed-upon process for ending the contract, thereby reducing uncertainty and managing risk if the business relationship needs to be concluded prematurely.
CONTRACTUAL TERMINATION. 8.1. This Agreement will be lawfully terminated, regardless of any formalities, prior notifications, etc., and at no cost to any of the Parties, in the following circumstances:
(a) declaration of bankruptcy, civil insolvency, judicial or extrajudicial dissolution of any Party;
(b) if the Public Authority, its agents and/or representatives order repairs on the property where the IBX is located which cannot be executed without impairing the continued provision of contracted services;
(c) in the event of expropriation of the property where the IBX is located, orders, bans or other acts issued by the Public Authority, its agents and/or representatives.
(d) due to unforeseen circumstances or force majeure that prevents service provision continuity.
8.2. This Agreement may be terminated by EQUINIX, at its sole discretion and by means of simple notice to the CUSTOMER with immediate effect, notwithstanding application of the stipulated contractual fine in the following circumstances:
(a) if EQUINIX becomes aware that the CUSTOMER is engaging in any act that breaches the obligations undertake in Clause 3.2 of this Agreement and its subsections;
(b) if the CUSTOMER files for judicial or extrajudicial recovery proceedings, regardless of being granted or not;
(c) in the event of noncompliance with the rules set out in the IBX POLICIES, as set forth therein.
8.2.1. Instead of sending notice to the CUSTOMER in the situations described in Clause 8.2, EQUINIX may, at its own discretion, notify the customer and provide a set period to correct the irregularity. While the remedy is being arranged, EQUINIX reserves the right to suspend the provision of services under this Agreement, pursuant to article 476 of the Brazilian Civil Code. If the irregularity has not been remedied after the end of the granted period, this Agreement will be lawfully terminated.
8.3. If the CUSTOMER fails, in whole or in part, for a period of thirty
CONTRACTUAL TERMINATION. (1) The Licensee may order, advertise and sell licensed products labelled with the licensed item up to such time as the Agreement expires. This shall also apply where the Agreement is terminated without notice by XertifiX e.V. Where the Agreement is terminated with due notice, the contractual parties shall negotiate on possibilities for selling off licensed products which the Licensee has on stock at the time of contractual termination or licensed products for which the Licensee has entered into purchase commitments which have already become binding at the time of contractual termination and can no longer be unilaterally revoked. The Licensee may not advertise licensed products after contractual termination.
(2) At Agreement termination, the Licensee has to give a final account within 30 days after receiving the last authorised delivery detailed under § 5 (3) additional to the defined sell-out period detailed under 9 (1). At the same time he has to pay the resulting premiums and licence fees. In case of a termination without previous notice by XertifiX e.V. he does not have the right to netting or retaining.
(3) At such time as contractual relations expire, the Licensee shall return all documents (printed forms, advertising material, stickers showing the licensed item and suchlike) to XertifiX e.V. at no cost. Alternatively, if XertifiX e.V. so wishes, the Licensee may be instructed to destroy such documents and provide XertifiX e.V. with evidence that this has been carried out accordingly. The Licensee has no right of retention in this regard.
CONTRACTUAL TERMINATION. 9.1 If the Client fails to pay any money owing to the PC after 7 days of that money becoming payable; or
9.2 If the Client has an execution levied against it, assigns or attempts to assign its estate for the benefit of its creditors, intends to or attempts to or makes a composition or Scheme of Arrangement with creditors, has a winding up order made against it, intends to or attempts to pass a resolution for winding up, goes into liquidation, has an Official Manager or Receiver appointed, has a Mortgagee taking possession of any part of its property, has an Administrator or a Provisional Liquidator appointed, becomes insolvent or bankrupt; or
9.3 If the Client breaches the contract in any respect; or
9.4 If the Construction Certificate or Complying Development Certificate is not capable of being issued 6 months from the date of execution of this contract; or
9.5 If the Building Works do not commence within 60 days from the date the Construction Certificate or Complying Development Certificate was issued, or
9.6 If the Client does not permit the private certifier to issue the Occupation