ABANDONMENT BY CONTRACTOR Sample Clauses

ABANDONMENT BY CONTRACTOR. In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner, or if the Contractor fails to comply with the orders of the Owner, when such orders are consistent with the Contract Documents, then, and in that case, where performance bond exists, the surety on the bond shall be notified in writing and directed to complete the Work, and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment the Contractor shall not remove from the Work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the Work, may be held for use on the Work by the Owner or the surety on the construction bond, or another Contractor in completion of the Work and the Contractor shall not receive any rental or credit therefore (except when used in connection with added work, where credit shall be allowed as hereinabove provided for), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the Work and be reflected in the final settlement. Where there is no performance bond provided or in the case surety should fail to commence compliance with the notice for completion hereinabove provided for, within ten (10) days after service of such notice then the Owner may provide for completion of the Work in either of the following manners. 37.1 The Owner may thereupon employ such force of men and use such machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the Work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of the Contract Documents. In case such expense is greater than the sum which would have been payable under the Contract Documents, the Contractor and/or its surety shall pay the amount of such excess to the Owner; or 37.2 The Owner under sealed bids, after five (5) days notice published one or more times in a newspaper having a general circulation in the County of the location of the Work, may let the contract for the completion of the Work under substantially the same terms and conditions which are provided in the Contract. In case of any i...
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ABANDONMENT BY CONTRACTOR. In the event CONTRACTOR ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONTRACTOR shall deliver to DISTRICT immediately and without delay, all materials, records and other work product prepared or obtained by CONTRACTOR in the performance of this Agreement. Furthermore, CONTRACTOR shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which DISTRICT may incur as a result of CONTRACTOR’s cessation or abandonment.
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ABANDONMENT BY CONTRACTOR. In the event the Contractor ceases performing services under this agreement or otherwise abandons the project prior to completing all of the services described in this agreement, Contractor shall, without delay, deliver to City all materials and records prepared or obtained in the performance of this agreement, and shall be paid for the reasonable value of the services performed up to the time of cessation or abandonment, less a deduction for any damages or additional expenses which City incurs as a result of such cessation or abandonment.
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ABANDONMENT BY CONTRACTOR. In case Contractor should abandon the Task Order and fail or refuse to resume Work within ten (10) days after written notification from PCCA or Engineer to do so, or if Contractor fails to comply with the orders of Engineer when such orders are consistent with the Contract Documents, then where Performance and Payment Bonds exist, the corporate sureties on these bonds will be notified in writing and directed to complete the Work under the Task Order. A copy of said notice will be delivered to Contractor.‌ 8.01.1 After abandonment and notice, PCCA may thereupon employ such force of workers and use such materials and supplies as PCCA deems necessary to complete the Task Order and charge the expense of such labor, materials, and supplies to Contractor. Expenses so charged will be deducted from and paid for by PCCA out of such moneys as may be due or that may thereafter at any time become due to Contractor under and by virtue of the Contract Documents. In case such expense is less than the sum that would have been payable under the Contract Documents if the Work under the Task Order had been completed by Contractor, then said Contractor will receive the difference. In case such expense is greater than the sum that would have been payable under the Contract Documents if the Work under the Task Order had been completed by said Contractor, then Contractor or Contractor’s corporate surety will pay the amount of such excess to PCCA; or 8.01.2 After five (5) days’ notice published one or more times in a newspaper having general circulation in the county of the location of the Work, PCCA may let an agreement for the completion of the Task Order. In case of any increase in cost to PCCA under the new agreement as compared to what would have been the cost under the Task Order, such increase will be charged to Contractor, and the corporate surety will be and remain bound therefor. However, should the cost to complete any such new agreement prove to be less than what would have been the cost to complete under the Task Order, Contractor and/or Contractor’s corporate surety will be credited therewith. When the Work has been substantially completed, Contractor and Contractor’s corporate surety will be so notified; and a Certificate of Final Acceptance, as provided in Section 5.08, “Final Acceptance,” hereinabove, will be issued. A complete itemized Statement of Accounts, certified by Engineer as being correct, will then be prepared and delivered to Contractor and Contractor’...
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ABANDONMENT BY CONTRACTOR. In case the Contractor should abandon or fail to resume work within ten (10) days after written notification from the County or the Engineer, or the Contractor fails to comply with the orders of the Engineer when such orders are consistent with this contract or this Agreement or with the specifications hereto attached, then and in that case, the Surety on the bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for work, may be held for use on the work by the County or the Surety on the construction bond, or another Contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefor (except when used in connection with extra work, where credit shall be allowed as provided for under “Extra Work”), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion herein before provided for within ten (10) days after services of such notice, then the County may provide for completion of the work in either of the following elective manners:
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Related to ABANDONMENT BY CONTRACTOR

  • Assignment by Seller The Seller shall have the right, upon notice to but without the consent of the Servicer, to assign, in whole or in part (but exclusive of the Servicer’s rights and obligations as owner of the servicing rights relating to the Mortgage Loans), its interest under this Agreement to the Depositor, which in turn shall assign such rights to the Trustee, and the Trustee then shall succeed to all rights of the Seller under this Agreement. All references to the Seller in this Agreement shall be deemed to include its assignee or designee and any subsequent assignee or designee, specifically including the Trustee.

  • Assignment by Lessee Lessee may transfer or assign its rights and obligations under this Agreement without the consent of Operator but shall deliver to Operator written notice of such transfer or assignment not less than ten (10) days prior to the effective date thereof; provided, however, in the event of the assignment of this Agreement to a party that is not an Affiliate, Operator shall have the right to terminate this Agreement within 15 days after receipt of written notice of such assignment, which termination will be effective within 30 days of Lessee’s receipt of such termination notice. Any transfer or assignment of this Agreement by Lessee shall include an express assumption by the transferee or assignee of Lessee’s obligations hereunder. Nothing herein shall be deemed to require Lessee to assign or attempt to assign this Agreement to any third party, including any buyer of a Hotel.

  • Assignment by Buyer Buyer shall have the right to assign this Agreement to any third party or parties and no consent on the part of Seller shall be required for such assignment, provided however, that any such assignment shall not relieve Buyer of its liabilities and obligations hereunder.

  • Assignment by Owner 51 Section 12.11

  • Assignment by Purchaser The Purchaser shall have the right, without the consent of the Company but subject to the limit set forth in Section 2.02 hereof, to assign, in whole or in part, its interest under this Agreement with respect to some or all of the Mortgage Loans, and designate any person to exercise any rights of the Purchaser hereunder, by executing an Assignment and Assumption Agreement and the assignee or designee shall accede to the rights and obligations hereunder of the Purchaser with respect to such Mortgage Loans. All references to the Purchaser in this Agreement shall be deemed to include its assignee or designee.

  • Assignment by Lessor The terms and conditions of each Schedule have been fixed by Lessor in order to permit Lessor to sell and/or assign or transfer its interest or grant a security interest in each Schedule and/or the Equipment to a Secured Party or Assignee. In that event, the term Lessor will mean the Assignee and any Secured Party. However, any assignment, sale, or other transfer by Lessor will not relieve Lessor of its obligations to Lessee and will not materially change Lessee's duties or materially increase the burdens or risks imposed on Lessee. The Lessee consents to and will acknowledge such assignments in a written notice given to Lessee. Lessee also agrees that: (a) The Secured Party will be entitled to exercise all of Lessor's rights, but will not be obligated to perform any of the obligations of Lessor. The Secured Party will not disturb Lessee's quiet and peaceful possession and unrestricted use of the Equipment so long as Lessee is not in default and the Secured Party continues to receive all Rent payable under the Schedule; and (b) Lessee will pay all Rent and all other amounts payable to the Secured Party, despite any defense or claim which it has against Lessor. Lessee reserves its right to have recourse directly against Lessor for any defense or claim; (c) Subject to and without impairment of Lessee's leasehold rights in the Equipment, Lessee holds the Equipment for the Secured Party to the extent of the Secured Party's rights in that Equipment.

  • Payment by Tenant Tenant shall pay to Landlord, within fifteen (15) days after delivery by Landlord to Tenant of statements therefor: (i) sums equal to expenditures reasonably made and obligations incurred by Landlord in connection with Landlord’s performance or cure of any of Tenant’s obligations pursuant to the provisions of Section 19.2.3 above; and (ii) sums equal to all expenditures made and obligations incurred by Landlord in collecting or attempting to collect the Rent or in enforcing or attempting to enforce any rights of Landlord under this Lease or pursuant to law, including, without limitation, all legal fees and other amounts so expended. Tenant’s obligations under this Section 19.3 shall survive the expiration or sooner termination of the Lease Term.

  • Assignment by Issuer The Seller hereby acknowledges and consents to any mortgage, pledge, assignment and grant of a security interest by the Issuer to the Indenture Trustee pursuant to the Indenture for the benefit of the Noteholders of all right, title and interest of the Issuer in, to and under the Receivables and/or the assignment of any or all of the Issuer’s rights and obligations hereunder to the Indenture Trustee.

  • Assignment by Company The Company may assign its rights under this Agreement to an affiliate, and an affiliate may assign its rights under this Agreement to another affiliate of the Company or to the Company; provided, however, that no assignment shall be made if the net worth of the assignee is less than the net worth of the Company at the time of assignment. In the case of any such assignment, the term "Company" when used in a section of this Agreement shall mean the corporation that actually employs the Employee.

  • Assignment by the Executive This Agreement will inure to the benefit of and be enforceable by the Executive’s personal or legal representatives, executors, administrators, successors, heirs, distributees, devisees, and legatees. If the Executive dies while any amount would still be payable to him hereunder had he continued to live, all such amounts, unless otherwise provided herein, will be paid in accordance with the terms of this Agreement to the Executive’s Beneficiary. If the Executive has not named a Beneficiary, then such amounts will be paid to the Executive’s devisee, legatee, or other designee, or if there is no such designee, to the Executive’s estate, and such designee, or the Executive’s estate will be treated as the Beneficiary hereunder.

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