Default Termination Force Majeure Clause Samples
The "Default; Termination; Force Majeure" clause defines the circumstances under which a contract may be ended early due to a party's failure to perform (default), outlines the procedures and consequences of such termination, and addresses situations where unforeseen events beyond a party's control (force majeure) prevent fulfillment of contractual obligations. In practice, this clause typically specifies what constitutes a default, the notice and cure periods required before termination, and lists events like natural disasters or government actions that may excuse non-performance. Its core function is to provide a clear framework for handling breaches and uncontrollable events, thereby allocating risk and ensuring both parties understand their rights and responsibilities if the contract cannot be completed as planned.
Default Termination Force Majeure. A. The Department may terminate this Agreement at any time if any warranty or representation made by Grantee in this Agreement or in its application for funding shall at any time be false or misleading in any respect, or in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination.
B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty
Default Termination Force Majeure a. Simply Good hereby retains the right, in its sole and absolute discretion, to terminate this Agreement at any time with or without cause upon ten (10) days written notice to Influencer (subject to payment to Influencer of all amounts due for Services rendered prior to such termination).
b. If Influencer, for reasons beyond Influencer’s reasonable control such as, but not limited to, injury, illness to Influencer as documented by a physician, is not able to provide the services substantially as contemplated above for the Campaign, then Influencer will not be deemed to be in breach of this Agreement, and Simply Good and Influencer will negotiate in good faith an appropriate reduction of the Fee in light of the services actually rendered. If Influencer provides no Services, then Influencer will refund to Simply Good the entire amount of the Fee actually received by Influencer. If Simply Good is unable to conduct the Campaign for any reason of force majeure, then Simply Good will not be in breach of this Agreement, and Company and Influencer will negotiate an appropriate reduction of the Fee in light of the services actually rendered.
c. If either party shall fail to observe or perform any its obligations hereunder, the non- defaulting party may terminate this Agreement if such default is not cured (if curable) within ten (10) days (reducible in circumstances of exigency), after the non-defaulting party shall have given the defaulting party written notice specifying such default. Any such written notice shall specify in detail the action the defaulting party must take in order to cure each such item of default. In addition, each party may exercise any other right or remedy available to it under law or in equity.
Default Termination Force Majeure. A. The Department may terminate this Agreement at any time if any warranty or representation made by Grantee in this Agreement or in its application for funding shall at any time be false or misleading in any respect, or in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination.
B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar day’s written notice. If the Department terminates the Agreement for convenience, the Department shall notify the Grantee of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. If the Agreement is terminated before performance is completed, the Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated.
C. Records made or received in conjunction with this Agreement are public records. This Agreement may be unilaterally canceled by the Department for unlawful refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement and subject to disclosure under Chapter 119, Florida Statutes (F.S.), and Section 24(a), Article I, Florida Constitution.
D. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the Grantee shall promptly notify the Department orally. Within seven (7) calendar days, the Grantee shall notify the Department in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay and the Grantee’s intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, the Department may, at its discretion, extend the time for performance under this Agreement for a period of time equal to the delay resulting from the force majeure upon execution of an amendment to this Agreement. Such agreement shall be confirmed by letter from the Department accepting, or if necessary, modifying the extension. A force majeure shall be an act of ...
Default Termination Force Majeure. The City may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar day’s written notice. If the City terminates the Agreement for convenience, the City shall notify the Grantee of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. This Agreement may be unilaterally cancelled by the City for unlawful refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee and subject to disclosure under Chapter 119, Florida Statutes, and Section 24(a), Article I, Florida Constitution.
Default Termination Force Majeure