Default and Termination. A. In the event of substantial failure by PROVIDER to perform in accordance with the terms hereof, A&M System may terminate this Agreement upon fifteen (15) days written notice of termination setting forth the nature of the failure (the termination shall not be effective if the failure is fully cured prior to the end of the fifteen-day period), provided that said failure is through no fault of A&M System.
Default and Termination. If either party fails to comply with any condition of this agreement at the time or in the manner provided for, the other party, at its option, may terminate this agreement and be released from all obligations if the default is not cured within ten (10) days after written notice is provided to the defaulting party. Said notice shall set forth the items to be cured. Additionally, the non-defaulting party may bring suit for damages, specific performance, and any other remedy provided by law. These remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others. Notices shall be provided in writing and hand- delivered or mailed to the parties at the addresses set forth in the first paragraph of this agreement.
Default and Termination. 8.1 In the event of a material failure by a party to this Agreement to perform in accordance with the terms of this Agreement (“default”), the other party may terminate this Agreement upon fifteen (15) days’ written notice of termination setting forth the nature of the material failure; provided, that, the material failure is through no fault of the terminating party. The termination will not be effective if the material failure is fully cured prior to the end of the fifteen-day period.
Default and Termination. Should CLIENT fail to pay any sums when due hereunder or fail to comply with or perform any other term, covenant or condition hereof, TAILGATE GUYS may terminate this Agreement and proceed against CLIENT for the recovery of all damages incurred by TAILGATE GUYS as a result of the breach by CLIENT or proceed for specific performance. Without limiting the foregoing, in the event CLIENT fails to timely pay any amounts due hereunder, such overdue balances shall accrue interest in the amount of one and one-half percent (1.5%) per month (or the maximum amount allowed by law, whichever is lower) from the due date until paid. In addition, CLIENT shall reimburse TAILGATE GUYS for all costs and expenses, including reasonable attorneys' fees, incurred by or on behalf of TAILGATE GUYS occasioned by or in connection with any default by CLIENT under this Agreement. In the event there is a breach by CLIENT with respect to any of the provisions of this Agreement, without limitation of any other rights or remedies, TAILGATE GUYS shall have the right to terminate this Agreement.
Default and Termination. 8.1 In the event of a material failure by a party to this Agreement to perform in accordance with its terms (default), the other party may terminate this Agreement upon [Option: fifteen (15)] [
Default and Termination. A. In the event of substantial failure by PROVIDER to perform in accordance with the terms hereof, TAMUS may terminate this Agreement upon fifteen (15) days written notice of termination setting forth the nature of the failure (the termination shall not be effective if the failure is fully cured prior to the end of the fifteen-day period), provided that said failure is through no fault of TAMUS.
Default and Termination. (a) In the event that the Property has been sold contrary to or any person bids in contravention of the provisions in Clauses 2 and 3 above, then such sale shall be cancelled and become null and void and of no further effect wherein all monies paid by the Purchaser hitherto including the Deposit (together with the interest (if any) earned thereon) shall, unless otherwise stated, be forfeited to the Assignee/Bank absolutely and immediately.
Default and Termination. Definitions relating to default and termination
Default and Termination. In the event Seller becomes unable to meet the delivery deadline contained in the Purchase Order, or is unable to perform to the terms of the Purchase Order for any reason, Seller must notify Buyer in writing immediately. In the event of default by Seller in the performance of any obligations hereunder, Buyer may, at its option, cancel the Purchase Order without penalty or liability and may hold Seller responsible for all damages arising out of such default. Default shall be deemed to occur if, in the reasonable opinion of Buyer, Seller is unable to comply with its obligations under the Purchase Order. Buyer may, at its option, for reasons other than Seller’s default, terminate or suspend the Purchase Order, in whole or in part, and Seller shall stop all performance hereunder, except as otherwise directed by Buyer. Seller shall promptly advise Buyer of the quantities of goods and raw materials on hand or purchased prior to termination and of the most favorable disposition that Seller can make thereof. Seller shall comply with any instructions of Buyer regarding disposition of goods and raw materials. Seller shall submit to Buyer written notice of its intention to submit claims based upon such termination within 15 days from the date of notice of termination, and all such claims shall be made in detail and substantiated by bills, receipts, and similar documents within 30 days thereafter, or such claims shall be waived. Buyer shall pay Seller the agreed price for services properly rendered, the order price of finished goods accepted by Buyer, and the cost to Seller, excluding profits and losses, of work in progress and raw materials relating to the Purchase Order. Buyer reserves the right to verify such claims at any reasonable time by inspecting and auditing the records, facilities, work or materials of Seller relating to the Purchase Order. Buyer will make no payments for finished work, work in progress, or raw materials fabricated or procured by Seller unnecessarily in advance or in excess of Buyer’s delivery requirements under the Purchase Order. Notwithstanding the above, payments made under this section shall not exceed the aggregate price specified in the Purchase Order, less any payments made or to be made. Payment provided under this paragraph shall constitute Buyer’s only liability in the event the Purchase Order is terminated.
Default and Termination. 23.1 In the event of any failure of compliance by Tenant with any of its obligations to Landlord as provided for in this Lease, such action shall constitute a default by Tenant under this Lease. Upon any such failure of compliance by Tenant with any of its obligations to Landlord as provided for in this Lease, Landlord shall have the right, but not the obligation, to declare Tenant in default of this Lease, by delivering to Tenant notice of such default, which notice (a "Tenant Default Notice") shall state in reasonable detail the actions Tenant must take to cure the same. Within (a) five (5) days following the effective date of any Default Notice (sometimes hereinafter "Monetary Default Cure Period") in the case of any default involving the payment of moneys due and unpaid to Landlord hereunder; (b) ten (10) days following the date of any Default Notice in the case of any default for failure to initially open for business in the Premises in accordance with this Lease; and (c) in all other cases, within twenty (20) days following the effective date of any Default Notice (sometimes hereinafter "Non-Monetary Default Cure Period"), Tenant shall have the right to effect cure of such defaults within the applicable cure period referenced above. Notwithstanding anything herein contained, (i) Tenant reserves the right, during any Monetary Default Cure Period, but does not have the obligation, to pay any amount that Landlord alleges to be due and owing under protest, thereby reserving Tenant's right to object to the amount so paid at a later date; and (ii) in the case of non-monetary defaults, if any such default by Tenant remains uncured at the conclusion of the Non-Monetary Default Cure Period, and if the nature of Tenant's obligations are such that more time than the Non-Monetary Default Cure Period is required to effect cure, then Landlord shall not have the right to exercise Landlord's termination rights granted herein as a result of any such default, if Tenant commences cure within the Non-Monetary Default Cure Period and thereafter diligently and continuously pursues cure to completion of performance. To be effective, any cure involving the payment of moneys shall include the payment of Interest calculated from the date the original payment was due until paid. Notwithstanding the foregoing, if Tenant fails to effect any required cure as provided for herein within the applicable cure period, Landlord shall also have the right, at Landlord's sole option, and w...
