Agency Default Sample Clauses

Agency Default. Agency will be in default under this Agreement if it fails to perform, observe or discharge any of its covenants, agreements or obligations under this Agreement.

Agency Default a. In the event Agency is in default under this Agreement, ODOT may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: (i) termination of this Agreement, (ii) reducing or withholding payment for work or deliverables that Agency has failed to deliver within any scheduled completion dates or has performed inadequately or defectively, (iii) initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief, including for interest within the limits of ORS 293.462, and (iv) exercise of its right of recovery of overpayments under this Agreement or setoff, or both. b. These remedies are cumulative to the extent the remedies are not inconsistent, and ODOT may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever.

Agency Default. Agency shall be in default under this Agreement upon the occurrence of any of the following events: (i) Agency fails to perform, observe or discharge any of its covenants, agreements, or obligations set forth herein; or (ii) Any representation, warranty or statement made by Agency herein is untrue in any material respect when made.

Agency Default. Agency will be in default under this Agreement upon the occurrence of any of the following events: (a) Agency fails to perform, observe or discharge any of its covenants, agreements, or obligations under this Agreement; or, (b) Any representation, warranty or statement made by Agency in this Agreement or in any documents or reports relied upon by Local Government is untrue in any material respect when made.

Agency Default. 3406 Agency shall be in default under this Agreement (“Agency Default”) in the event Agency 3407 commits a material breach of the Agreement and fails to cure such breach within thirty (30) days 3408 after receiving notice from the Contractor specifying the breach, provided that if the nature of the 3409 breach is such that it will reasonably require more than thirty (30) days to cure, Agency shall not 3410 be in default so long as Agency promptly commences the cure and diligently proceeds to 3411 completion of the cure. 3412 In the event of an asserted Agency Default, Contractor shall continue to perform all of its 3413 obligations hereunder until a court of competent jurisdiction has issued a final judgment 3414 declaring that Agency is in Default.

Agency Default a. In the event Agency is in default under this Agreement or in the event Agency terminates this Agreement, State’s sole remedy will be: i. For work compensable at a stated rate: A claim for unpaid invoices for work completed according to the requirements and acceptance criteria of this Agreement and for authorized expenses incurred and interest within the limits of ORS 293.462, less any claims Agency has against State. ii. For deliverable-based work: A claim for the sum designated for completing the deliverable multiplied by the percentage of work completed and accepted by State, plus authorized expenses incurred, and interest within the limits of ORS 293.462, less previous amounts paid for the deliverable and any claims Agency has against State. b. In no event will Agency be liable to State for any expenses related to termination of this Agreement, including attorney fees. If previous amounts paid to State exceed the amount due to State, State shall promptly pay any excess to Agency.

Agency Default. Agency shall be in default under this Agreement upon the occurrence of any of the following events: a. Agency fails to perform, observe or discharge any of its covenants, agreements or obligations set forth herein. b. Any representation, warranty or statement made by Agency herein or in any documents or reports relied upon by OHA to measure the delivery of services, the expenditure of payments or the performance by Agency is untrue in any material respect when made; c. Agency (1) applies for or consents to the appointment of, or taking of possession by, a receiver, custodian, trustee, or liquidator of itself or all of its property, (2) admits in writing its inability, or is generally unable, to pay its debts as they become due, (3) makes a general assignment for the benefit of its creditors, (4) is adjudicated a bankrupt or insolvent, (5) commences a voluntary case under the Federal Bankruptcy Code (as now or hereafter in effect), (6) files a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, (7) fails to controvert in a timely and appropriate manner, or acquiesces in writing to, any petition filed against it in an involuntary case under the d. A proceeding or case is commenced, without the application or consent of Agency, in any court of competent jurisdiction, seeking (1) the liquidation, dissolution or winding- up, or the composition or readjustment of debts of Agency, (2) the appointment of a trustee, receiver, custodian, liquidator, or the like of Agency or of all or any substantial part of its assets, or (3) similar relief in respect to Agency under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case continues undismissed, or an order, judgment, or decree approving or ordering any of the foregoing is entered and continues unstayed and in effect for a period of sixty consecutive days, or an order for relief against Agency is entered in an involuntary case under the Federal Bankruptcy Code (as now or hereafter in effect).

Agency Default. DRAFT Agency will be in default under this Agreement if Agency fails to perform, observe or discharge any of its covenants, agreements, or obligations under this Agreement.

Agency Default. An event of default on the part of Agency (“Agency Event of Default”) shall arise hereunder if Agency fails to keep, observe, or perform any of its covenants, duties, or obligations under this Agreement, and the default continues for a period of thirty (30) days after written notice thereof from Developer to Agency, or in the case of a default which cannot with due diligence be cured within thirty (30) days, Agency fails to commence to cure the default within ninety (90) days of such notice and thereafter fails to prosecute the curing of such default with due diligence and in good faith to completion.

Agency Default. If the Agency defaults under this Agreement and does not cure such default within fifteen (15) days after written notice thereof from the Purchaser, the Purchaser shall, as the Purchaser’s sole alternative remedies, elect to either (a) accept from Agency a sum equal to the Xxxxxxx Money as liquidated damages, or (b) seek specific performance. In no event shall the Agency be liable to the Purchaser for any damages (other than the liquidated damages referred to in Subsection (a) of the foregoing sentence).