Material Breaches. 16.1. Should the Service Provider committed a Material and/or Non-Material Breach of the Agreement and failed to repair said violation within 5 working days from the date of the Company’s written demand, the Company will be entitled, at its sole discretion, to take one or more of the following steps detailed herein, and this without causing the termination of the Agreement: 16.1.1. Cease immediately, whether permanently or temporarily, the continued provision of Services, all or parts thereof; 16.1.2. Replace the Service Provider with another Service Provider to complete he services, whether permanently or temporarily; The Company will be entitled to collect from the Service Provider its expenses in the above mentioned cases and additional administrative expenses at a rate of 15% including VAT. To dispel any doubt, it is hereby declared that the Company’s action as per this Clause does not bring the Agreement toward its termination and does not release the Service Provider from his obligations as per this Agreement. 16.2. Without derogating from the mentioned, and in addition to the above mentioned in Clause 16.1 above, the Company is entitled, at its sole discretion, to cancel the Agreement immediately, in full or in part, by advanced written notification to the Service Provider, without the need for any warning, without any obligation to pay any compensation whatsoever, and without derogating from any other or additional remedy at its disposal, should one of the following occur: 16.2.1. A Material violation of the Agreement by the Service Provider; 16.2.2. The Service Provider is suspect in the commission of an offense involving moral turpitude; 16.2.3. If it becomes clear to the Company at any stage there is any legal impediment to continuing the contract with the Service Provider; 16.2.4. If it becomes clear that the Service Provider has violated and/or stands to violate any law, whether or not bound by the Agreement; 16.2.5. The Service Provider was negligent in the execution of his obligations according to the Agreement and/or breached the fiduciary duty and/or the warranty and/or acted in Conflict of Interest with the Agreement; 16.2.6. A liquidation request or a settlement agreement with his creditors or a bankruptcy application has been filed against or by the Service Provider; 16.2.7. A foreclosure was imposed on the Service Provider's assets and/or funds due to the Service Provider from the Company and held by the Company and the foreclosure was not removed within 14 days.
Appears in 2 contracts
Sources: Cargo Transport Services Agreement, Cargo Transport Services Agreement
Material Breaches. 16.118.1. Should the Service Provider committed a Material and/or Non-Material Breach of the Agreement and failed to repair said violation within 5 five working days from the date of the Company’s 's written demand, the Company will be entitled, at its sole discretion, to take one or more of the following steps detailed herein, and this without causing the termination of the Agreementagreement:
16.1.118.1.1. Cease immediately, whether permanently or temporarily, the continued provision of Services, all or parts thereof;
16.1.218.1.2. Replace the Service Provider with another Service Provider to complete he the services, whether permanently or temporarily; ;
18.1.3. The Company will be entitled to collect from the Service Provider its expenses in the cases mentioned above mentioned cases and additional administrative expenses at a rate of 15% %, including VAT. To dispel any doubt, it is hereby declared that the Company’s 's action as per this Clause section does not bring the Agreement agreement toward its termination and does not release the Service Provider from his obligations as per this Agreementagreement.
16.218.2. Without derogating from the mentioned, and in addition to the above mentioned in Clause 16.1 Section 18.1 above, the Company is entitled, at its sole discretion, to cancel the Agreement agreement immediately, in full or in part, by advanced written notification to the Service Provider, without the need for any warning, without any obligation to pay any compensation whatsoever, and without derogating from any other or additional remedy at its disposal, should one of the following occur:
16.2.118.2.1. A Material violation of the Agreement agreement by the Service Provider;
16.2.218.2.2. The Service Provider is suspect in the commission of an offense involving moral turpitude;
16.2.318.2.3. If it becomes clear to the Company at any stage there is any legal impediment to continuing the contract with the Service Provider;
16.2.418.2.4. If it becomes clear that the Service Provider has violated and/or stands to violate any law, whether or not bound by the Agreementagreement;
16.2.518.2.5. The Service Provider was negligent in the execution of his obligations according to the Agreement agreement and/or breached the fiduciary duty and/or the warranty and/or acted in Conflict of Interest with the Agreement;
16.2.618.2.6. A liquidation request or a settlement agreement with his creditors or a bankruptcy application has been filed against or by the Service Provider;
16.2.718.2.7. A foreclosure was imposed on the Service Provider's assets and/or funds due to the Service Provider from the Company and held by the Company and the foreclosure was not removed within 14 days.
18.3. It is hereby clarified and agreed that in those cases where the contract has been terminated between the Company and the Service Provider, for any reason whatsoever, the Company will be entitled to continue its contract with the Foreign Planner, at its sole discretion, and the Service Provider waives in advance any demand, or claim, or suit, and all of the above together in this matter.
Appears in 1 contract
Material Breaches. 16.123.1. Should If the Service Provider committed a Material and/or Non-Material Breach of breaches the Agreement by a material breach and/or breaches the Agreement by a breach which is not a material breach and failed to does not repair said violation the breach within 5 working days from the date of the Company’s 's written demand, the Company will be entitledmay, at in its sole discretion, to take one or more of the following steps detailed hereinmeasures set forth below, and ad this is without causing the termination of the Agreementagreement:
16.1.123.1.1. Cease To immediately, whether permanently or temporarily, temporarily discontinue the continued provision of the Services, in all or parts thereofin part ;
16.1.223.1.2. Replace To replace the Service Provider with another Service Provider in order to complete he servicesthe Services, whether either permanently or temporarily; ;
23.1.3. The Company will shall be entitled to collect from the Service Provider its expenses in the above mentioned cases and additional stated above, in addition to administrative expenses at a rate in the amount of 15% including VAT. To dispel any For the avoidance of doubt, it is hereby declared that the Company’s action as per 's actions under this Clause does section do not bring terminate the Agreement toward its termination agreement and does do not release the Service Provider from his its obligations as per under this Agreementagreement.
16.223.2. Without derogating from the mentionedaforesaid, and in addition to the above mentioned in Clause 16.1 provisions of section 21.1 above, the Company is entitledmay, at on its sole discretion, to cancel the terminate this Agreement immediately, in full whole or in part, by advanced giving a written notification notice to the Service Provider, without the need for of giving any warning, warning and without any obligation it being required to pay any compensation whatsoevercompensation, and this without derogating from any other or additional remedy at its disposalavailable to it, should upon occurrence of one of the following occurevents:
16.2.123.2.1. A Material violation material breach of the Agreement agreement by the Service Provider;
16.2.223.2.2. The Service Provider is suspect in the commission was suspected of committing an offense involving of moral turpitude;
16.2.323.2.3. If it becomes clear to the Company at any stage that there is any legal impediment to continuing preventing the contract continuation of the contractual engagement with the Service Provider;
16.2.423.2.4. If it becomes clear that the Service Provider has violated and/or stands is about to violate the provision of any law, whether or not bound by connected to the Agreementagreement;
16.2.523.2.5. The Service Provider was negligent in the execution of his performing its obligations according to the Agreement agreement and/or breached the fiduciary duty and/or the warranty responsibility and/or acted in Conflict conflict of Interest interest with the Agreementagreement;
16.2.623.2.6. A liquidation request motion to liquidate or a motion for a settlement agreement with his its creditors or a bankruptcy application has been petition was filed against or by the Service Provider;
16.2.723.2.7. A foreclosure was lien has been imposed on the Service Provider's assets property and/or on funds due to the Service Provider from the Company and held by the Company and the foreclosure lien was not removed within 14 days.
Appears in 1 contract
Sources: Cyber Arena Agreement
Material Breaches. 16.1. Should the Service Provider committed a Material and/or Non-Material Breach of the Agreement and failed to repair said violation within 5 five working days from the date of the Company’s 's written demand, the Company will be entitled, at its sole discretion, to take one or more of the following steps detailed herein, and this without causing the termination of the Agreement:
16.1.1. Cease immediately, whether permanently or temporarily, the continued provision of Services, all or parts thereof;
16.1.2. Replace the Service Provider with another Service Provider to complete he the services, whether permanently or temporarily; The Company will be entitled to collect from the Service Provider its expenses in the cases mentioned above mentioned cases and additional administrative expenses at a rate of 15% %, including VAT. To dispel any doubt, it is hereby declared that the Company’s 's action as per this Clause clause does not bring the Agreement toward its termination and does not release the Service Provider from his obligations as per this Agreement.
16.2. Without derogating from the mentioned, and in addition to the above mentioned in Clause 16.1 above, the Company is entitled, at its sole discretion, to cancel the Agreement immediately, in full or in part, by advanced written notification to the Service Provider, without the need for any warning, without any obligation to pay any compensation whatsoever, and without derogating from any other or additional remedy at its disposal, should one of the following occur:
16.2.1. A Material violation Delay of the Agreement Service Provider by more than sixty (60) days at any of the Service Providerdates specified in the Tender documents;
16.2.2. A Material Breach by the Service Provider and/or a Non-Material Breach that is not corrected within the date set by the Company;
16.2.3. The Service Provider and/or any of its managers and/or any of its employed personnel in the provision of services is suspect in the commission of an offense involving moral turpitude;
16.2.316.2.4. If it becomes clear to the Company at any stage there is any legal impediment to continuing the contract Contract with the Service Provider;
16.2.4. If it becomes clear that the Service Provider has violated and/or stands to violate any law, whether or not bound by the Agreement;
16.2.5. The Service Provider was negligent in the execution of his obligations according to the Agreement and/or breached the fiduciary duty and/or the warranty and/or acted in Conflict of Interest with the Agreement;
16.2.6. A liquidation request or a settlement agreement with his creditors or a bankruptcy application has been filed against or by the Service Provider, and this motion has not been withdrawn, deleted or denied within 45 days;
16.2.716.2.6. A foreclosure was foreclosure, temporary or permanent, has been imposed on the Service Provider's assets and/or funds due to property of the Service Provider from or a part thereof, in a manner which could materially impair its ability to provide the Company and held by services, or execution of its property, all or parts thereof has been enacted in a material manner which could materially impair his ability to provide the Company service, and the foreclosure was not removed within 14 30 days.;
16.2.7. The inability of the Service Provider for thirty (30) days to fulfill any of its basic obligations under the Agreement promptly and/or at all, due to financial difficulties, cash flow problems, insufficient personnel and/or any other cause;
16.2.8. Non-compliance with any one of the modules developed by the Service Provider, after receiving completion approval from the Company and their operational execution, in any of the specifications under the Agreement [relevant to the Optional Phase];
16.2.9. A malfunction that results in a complete or substantial partial shutdown of the System, which has been discontinued continuously for twenty-four
Appears in 1 contract
Sources: Service Agreement
Material Breaches. 16.1. Should the Service Provider committed a Material and/or Non-Material Breach of the Agreement and failed to repair said violation within 5 five working days from the date of the Company’s 's written demand, the Company will be entitled, at its sole discretion, to take one or more of the following steps detailed herein, and this without causing the termination of the Agreement:
16.1.1. Cease immediately, whether permanently or temporarily, the continued provision of Services, all or parts thereof;
16.1.2. Replace the Service Provider with another Service Provider to complete he the services, whether permanently or temporarily; The Company will be entitled to collect from the Service Provider its expenses in the above mentioned cases and additional administrative expenses mentioned above at a rate of 15% %, including VAT. To dispel For the avoidance of any doubt, it is hereby declared that the Company’s 's action as per this Clause Section does not bring the Agreement toward its termination and does not release the Service Provider from his obligations as per this Agreement.
16.2. Without derogating from the mentioned, and in addition to the above mentioned in Clause Section 16.1 above, the Company is entitled, at its sole discretion, to cancel the Agreement immediately, in full or in part, by advanced written notification to the Service Provider, without the need for any warning, without any obligation to pay any compensation whatsoever, and without derogating from any other or additional remedy at its disposal, should one of the following occur:
16.2.1. A Material violation of the Agreement by the Service Provider;
16.2.2. The Service Provider is suspect in the commission of an offense involving moral turpitude;
16.2.3. If it becomes clear to the Company at any stage there is any legal impediment to continuing the contract with the Service Provider;
16.2.4. If it becomes clear that the Service Provider has violated and/or stands to violate any law, whether or not bound by the Agreement;
16.2.5. The Service Provider was negligent in the execution of his obligations according to the Agreement and/or breached the fiduciary duty and/or the warranty and/or acted in Conflict of Interest with the Agreement;
16.2.6. A liquidation request or a settlement agreement with his creditors or a bankruptcy application has been filed against or by the Service Provider;
16.2.7. A foreclosure was imposed on the Service Provider's assets and/or funds due to the Service Provider from the Company and held by the Company Company, and the foreclosure was is not removed within 14 days.
Appears in 1 contract
Sources: Service Agreement