Common use of Termination Clause in Contracts

Termination. 18.1 Supplier shall be entitled by notice in writing, without prejudice to any of its rights herein, to terminate forthwith this Agreement or an Order if Buyer is in substantial breach of a material term of this Agreement or an Order (as the case may be) and within sixty (60) days of the date of dispatch to Buyer of a written request from Supplier to remedy such breach Buyer fails to remedy such breach. 18.2 Subject to applicable mandatory provisions of French law, in particular Article 622-13 of the Commercial Code and without prejudice to any of its accrued rights whether arising out of or in connection with this Agreement or an Order either Party shall be entitled to immediately terminate this Agreement or any Order by notice in writing if the other Party is unable to pay its debts, is subject to any of the proceedings of mandat ad hoc, conciliation, sauvegarde, redressement or liquidation judiciaire provided for under Book 6 of the French Commercial Code, makes a proposal for a voluntary arrangement or convenes a meeting of its creditors to consider such a proposal, becomes subject to any voluntary arrangement, has a receiver, manager, or administrative receiver appointed over any of its assets, undertaking or income, passes a resolution for its winding-up (save for the sole purpose of a solvent liquidation to effect a reconstruction or amalgamation previously approved in writing by the Party serving notice), is subject to a petition presented to any court for its winding-up, has a provisional liquidator appointed, has a proposal made for a compromise or arrangement under (save for the sole purpose of a solvent reconstruction or amalgamation previously approved in writing by the Party serving notice), has an administrator appointed in respect of it or is the subject of an application for administration filed at any court or a notice of appointment of an administrator filed at any court or a notice of intention to appoint an administrator filed at any court by any person or is the subject of a notice to strike off the register of companies maintained by the relevant authority in the country where that Party is incorporated. Buyer shall be entitled by notice in writing, without prejudice to any of its rights herein, to terminate forthwith this Agreement or an Order if Supplier is in substantial breach of a material term of this Agreement or an Order (as the case may be) and such breach is incapable of remedy or, where the breach is capable of remedy, Supplier fails to remedy such breach within thirty (30) days of the date of dispatch to Supplier of a written request from Buyer specifying the breach and requiring it to be remedied. 18.3 Supplier shall promptly notify Buyer in writing if Supplier or any of its Affiliates: 18.3.1 purchases a controlling interest, acquires or otherwise has any interest in a direct competitor of Buyer; or 18.3.2 is purchased, has any of the controlling interest bought, acquired or otherwise transferred to a direct competitor of Buyer. Buyer shall have the right to terminate this Agreement or any Order within thirty (30) days of receipt of such written notice by serving notice in writing on Supplier to that effect. 18.4 This Agreement may be terminated by ▇▇▇▇▇ serving one months’ notice in writing on Supplier. Each Order entered into pursuant to this Agreement will continue until terminated in accordance with the terms of that Order notwithstanding any termination of this Agreement unless Buyer serves notice in writing on Supplier on or before the date of the termination of this Agreement that the Order will terminate on the termination of this Agreement. A right on the part of Buyer to terminate an Order will immediately give rise to a right on the part of Buyer to terminate any or all other Orders. The compensation provided for in clause 18.5 below shall apply to Purchase Orders cancelled under the present clause.

Appears in 5 contracts

Sources: Terms and Conditions for the Purchase of Goods and Services, Conditions Générales D’achat De Biens Et Services, Conditions Générales d'Achat De Biens Et Services

Termination. 18.1 Supplier shall be entitled by notice in writing, without prejudice to any of its rights herein, to terminate forthwith this Agreement or an Order if Buyer is in substantial breach of a material term of this Agreement or an Order (as the case may be) and within sixty (60) days of the date of dispatch to Buyer of a written request from Supplier to remedy such breach Buyer fails to remedy such breach. 18.2 Subject to applicable mandatory provisions of French law, in particular Article 622-622- 13 of the Commercial Code and without prejudice to any of its accrued rights accruedrights whether arising out of or in connection with this Agreement or an Order either Party shall be entitled to immediately terminate this Agreement or any Order by notice in writing if the other Party is unable to pay its debts, is subject to any of the proceedings of mandat ad hoc, conciliation, sauvegarde, redressement or liquidation judiciaire provided for under Book 6 of the French Commercial Code, makes a proposal for a voluntary arrangement or convenes a meeting of its creditors to consider such a proposal, becomes subject to any voluntary arrangement, has a receiver, manager, or administrative receiver appointed over any of its assets, undertaking or income, passes a resolution for its winding-up (save for the sole purpose of a solvent liquidation to effect a reconstruction or amalgamation previously approved in writing by the Party serving notice), is subject to a petition presented to any court for its winding-up, has a provisional liquidator appointed, has a proposal made for a compromise or arrangement under (save for the sole purpose of a solvent reconstruction or amalgamation previously approved in writing by the Party serving notice), has an administrator appointed in respect of it or is the subject of an application for administration filed at any court or a notice of appointment of an administrator filed at any court or a notice of intention to appoint an administrator filed at any court by any person or is the subject of a notice to strike off the register of companies maintained by the relevant authority in the country where that Party is incorporated. Buyer shall be entitled by notice in writing, without prejudice to any of its rights herein, to terminate forthwith this Agreement or an Order if Supplier is in substantial breach of a material term of this Agreement or an Order (as the case may be) and such breach is incapable of remedy or, where the breach is capable of remedy, Supplier fails to remedy such breach within thirty (30) days of the date of dispatch to Supplier of a written request from Buyer specifying the breach and requiring it to be remedied. 18.3 Supplier shall promptly notify Buyer in writing if Supplier or any of its Affiliates: 18.3.1 purchases a controlling interest, acquires or otherwise has any interest in a direct competitor of Buyer; or 18.3.2 is purchased, has any of the controlling interest bought, acquired or otherwise transferred to a direct competitor of Buyer. Buyer shall have the right to terminate this Agreement or any Order within thirty (30) days of receipt of such written notice by serving notice in writing on Supplier to that effect. 18.4 This Agreement may be terminated by ▇▇▇▇▇ serving one months’ notice in writing on Supplier. Each Order entered into pursuant to this Agreement will continue until terminated in accordance with the terms of that Order notwithstanding any termination of this Agreement unless Buyer serves notice in writing on Supplier on or before the date of the termination of this Agreement that the Order will terminate on the termination of this Agreement. A right on the part of Buyer to terminate an Order will immediately give rise to a right on the part of Buyer to terminate any or all other Orders. The compensation provided for in clause 18.5 below shall apply to Purchase Orders cancelled under the present clause.

Appears in 1 contract

Sources: Conditions Générales d'Achat De Biens Et Services