Common use of 13a TERMINATION FOR DEFAULT Clause in Contracts

13a TERMINATION FOR DEFAULT. (a) Except for agreements with educational and other non-profit institutions, Company may terminate this Agreement for default, in whole or in part, if Seller (1) fails to supply enough properly skilled workers or proper materials or equipment so as to endanger performance of this Agreement; (2) fails to make payment to subcontractors for materials or labor in accordance with the respective agreements between the Seller and the subcontractors; (3) disregards applicable laws, ordinances, rules, regulations, directives, or orders, or instructions of the Company; (4) fails to adhere to the time specified in this Agreement for performance of services or delivery of supplies; (5) fails to comply with any of the terms of this Agreement; or (6) fails to perform satisfactorily under this Agreement. In that event, Company shall not be liable for any services or supplies not accepted. (b) If this Agreement is terminated for default, Company may require Seller to transfer title and deliver to Company any supplies and materials, manufacturing materials, manufacturing drawings, and contract rights that Seller has specifically produced or acquired for the terminated portion of this Agreement. Company shall pay the agreed-upon price for services performed and accepted in addition to completed supplies delivered and accepted. Company and Seller shall agree on the amount of payment for all other deliverables.

Appears in 7 contracts

Samples: General Terms & Conditions, General Terms & Conditions, General Terms & Conditions

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13a TERMINATION FOR DEFAULT. (a) Except for agreements with educational and other non-profit institutions, Company may terminate this Agreement for default, in whole or in part, if Seller (1) fails to supply enough properly skilled workers or proper materials or equipment so as to endanger performance of this Agreement; (2) fails to make payment to subcontractors for materials or labor in accordance with the respective agreements between the Seller and the subcontractors; (3) disregards applicable laws, ordinances, rules, regulations, directives, or orders, or instructions of the Company; (4) fails to adhere to the time specified in this Agreement for performance of services or delivery of supplies; (5) fails to comply with any of the terms of this Agreement; or (6) fails to perform satisfactorily under this Agreement. In that event, Company shall not be liable for any services or supplies not accepted. The Company’s right to terminate this Agreement under (1), (2), (3), (5), or (6) of this paragraph (a) may be exercised if the Seller does not cure such failure within 10 days after receipt of notice from the Company specifying the failure. (b) If this Agreement is terminated for default, Company may require Seller to transfer title and deliver to Company any supplies and materials, manufacturing materials, manufacturing drawings, and contract rights that Seller has specifically produced or acquired for the terminated portion of this Agreement. Company shall pay the agreed-upon price for services performed and accepted in addition to completed supplies delivered and accepted. Company and Seller shall agree on the amount of payment for all other deliverables.

Appears in 1 contract

Samples: General Terms & Conditions

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