Agency’s Right to Terminate for Cause. In addition to any other rights and remedies Agency may have under this Contract, Agency may terminate this Contract immediately upon written notice by Agency to Contractor, or at such later date as Agency may establish in such notice, if Contractor is in default under Section 14.1.
Agency’s Right to Terminate for Cause. Agency may terminate the WOC, in whole or in part, immediately upon written notice to Consultant or at such later date as Agency may establish in such notice, upon the occurrence of any of the following events:
(i) Agency fails to receive appropriations, limitations or other expenditure authority sufficient to allow Agency, in the exercise of its reasonable administrative discretion, to continue to make payments for Consultant’s Services;
(ii) Federal, state or local laws, regulations or guidelines are modified or interpreted in such a way that either the Services under the WOC are prohibited or Agency is prohibited from paying for such Services from the planned funding source;
(iii) Consultant no longer holds any license or certificate that is required to perform the Services; or
(iv) Consultant commits any material breach or default of any covenant, warranty, obligation or agreement under the WOC, fails to perform the Services under the WOC within the time specified or any extension thereof, or so fails to perform the Services as to endanger Consultant's performance under the WOC in accordance with its terms, and such breach, default or failure is not cured within 14 calendar days after Agency's notice to Consultant, or such longer period as Agency may specify in such notice.
Agency’s Right to Terminate for Cause. In addition to any other rights and remedies Agency may have under this Price Agreement, Agency may terminate this Price Agreement immediately upon written notice by Agency to Contractor, or at such later date as Agency may establish in such notice, or upon expiration of the time period and with such notice as provided in Section 18.e(ii)(B) and 18.e(ii)(C) below, upon the occurrence of any of the following events:
A. Contractor is in default under Section 18.a(i) because Contractor institutes or has instituted against it insolvency, receivership or bankruptcy proceedings, makes an assignment for the benefit of creditors, or ceases doing business on a regular basis;
B. Contractor is in default under Section 18.a(ii) because Contractor no longer holds a license or certificate that is required for it to perform services under the Price Agreement and Contractor has not obtained such license or certificate within fourteen (14) calendar days after Agency’s notice or such longer period as Agency may specify in such notice; or
C. Contractor is in default under Section 18.a(iii) because Contractor commits any material breach or default of any covenant, warranty, obligation or agreement under this Price Agreement, fails to perform the Work under this Price Agreement within the time specified herein or any extension thereof, or so fails to pursue the Work as to endanger Contractor's performance under this Price Agreement in accordance with its terms, and such breach, default or failure is not cured within 14 calendar days after Agency's notice, or such longer period as Agency may specify in such notice.
Agency’s Right to Terminate for Cause. Agency may terminate the Contract, in whole or in part, immediately upon written notice to Consultant or at such later date as Agency may establish in such notice, upon the occurrence of any of the following events:
(i) Agency fails to receive appropriations, limitations or other expenditure authority sufficient to allow Agency, in the exercise of its reasonable administrative discretion, to continue to make payments for Consultant’s Services. Payments under this Contract and continuation of this Contract beyond the current biennium are subject to and contingent upon sufficient funds being appropriated, budgeted, and otherwise made available from current funding sources. The Agency may terminate this Contract, and Consultant waives any and all claims for damages, effective immediately upon receipt of written notice, or any date specified therein, if for any reason the Agency’s funding from local, state and/or federal sources is not appropriated or is withdrawn, limited or impaired;
(ii) Federal, State or local laws, regulations or guidelines are modified or interpreted in such a way that either the Services under the Contract are prohibited or Agency is prohibited from paying for such Services from the planned funding source;
(iii) Consultant no longer holds any license or certificate that is required to perform the Services; or
(iv) Consultant commits any material breach or default of any covenant, warranty, obligation or agreement under the Contract, fails to perform the Services under the Contract within the time specified or any extension thereof, or so fails to perform the Services as to endanger Consultant's performance under the Contract in accordance with its terms, and such breach, default or failure is not cured within 14 calendar days after Agency's notice to Consultant, or such longer period as Agency may specify in such notice.
Agency’s Right to Terminate for Cause. Agency may terminate the WOC, in whole or in part, immediately upon written notice to Consultant or at such later date as Agency may establish in such notice, upon the occurrence of any of the following events:
(i) Agency fails to receive appropriations, limitations or other expenditure authority sufficient to allow Agency, in the exercise of its reasonable administrative discretion, to continue to make payments for Consultant’s Services;
(ii) Federal, State or local laws, regulations or guidelines are modified or interpreted in such a way that either the Services under the WOC are prohibited or Agency is prohibited from paying for such Services from the planned funding source;
(iii) Consultant no longer holds any license or certificate that is required to perform the Services;
(iv) Consultant has liquidated and delinquent debt owed to the State of Oregon or any department or agency of the State; or
(v) Consultant commits any material breach or default of any covenant, warranty, obligation, certification or agreement under the WOC, fails to perform the Services under the WOC within the time specified or any extension thereof, or so fails to perform the Services as to endanger Consultant's performance under the WOC in accordance with its terms, and such breach, default or failure is not cured within 14 calendar days after Agency's notice to Consultant, or such longer period as Agency may specify in such notice.
Agency’s Right to Terminate for Cause. In addition to any other rights and remedies Agency may have under this Price Agreement, Agency may terminate this Price Agreement or any WOC entered into under the Price Agreement immediately upon written notice by Agency to Contractor, or at such later date as Agency may establish in such notice, if Contractor is in default under Section 14.1.
Agency’s Right to Terminate for Cause. In addition to any other rights and remedies Agency may have under this Agreement, Agency may terminate this Agreement immediately upon written notice to Recipient, or at such later date as Agency may establish in such notice if Recipient is in default under Section 7(a).
Agency’s Right to Terminate for Cause. In addition to any other rights and remedies Agency may have under this Contract, Agency may terminate this Contract, in
Agency’s Right to Terminate for Cause. Agency may terminate this Agreement immediately, in whole or in part, upon written notice to ESCO, or such later date as Agency may establish in such notice, upon the occurrence of any of the following events:
12.3.1. ESCO fails to maintain the qualifications used to qualify under Agency RFQ #13-095 or no longer holds all licenses or certificates that are required to perform the services; or
12.3.2. ESCO institutes or has instituted against it insolvency, receivership or bankruptcy proceedings, makes an assignment for the benefit of creditors, or ceases doing business on a regular basis; or
12.3.3. ESCO fails to perform any of the provisions of this Agreement; or so fails to perform the services as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from Agency, does not correct such failures within the time that Agency specifies (which shall not be less than 10 calendar days, except in the case of emergency); or
12.3.4. ESCO fails to notify Agency when it has contracted for services with a Contracting Agency under this Agreement. Notification must be provided by sending a copy of the executed contract to Agency; or
12.3.5. ESCO fails to provide a copy of the TEA, PDP and M&V report when it has performed such services under contract with a Contracting Agency; or
12.3.6. Consultant fails to respond to Agency’s comments or to address deficiencies during the review process. Examples of such failures include, but are not limited to:
12.3.6.1. ESCO fails to resolve technical and program issues and to make changes or corrections to the TEA as directed by Agency’s comments;
12.3.6.2. The TEA lacks sufficient detail to support recommendations (e.g. no predicted foot-candle levels if delamping was recommended);
12.3.6.3. ESCO makes calculations based on unreasonable assumptions (e.g. predicted savings for all energy efficiency measures exceeds the energy usage of the facility); or
12.3.6.4. ESCO fails to evaluate all Facility energy using systems and to quantify the interactive effects of changes to the Facility’s systems.
12.3.7. ESCO is determined to be not responsible by a Contracting Agency during their procurement, including but not limited to the following examples:
12.3.7.1. ESCO does not achieve accurate results (e.g. ESCO fails to meet its Energy Savings Guarantee) and they are not corrected;
12.3.7.2. ESCO fails to provide a required Energy Savings Guarantee shortfall payment;
12.3.7.3. ESCO fails to...
Agency’s Right to Terminate for Cause. In addition to any other rights and remedies DAS PS may have under this Agreement, DAS PS may terminate this Agreement immediately upon written notice by DAS PS to Contractor, or at such later date as DAS PS may establish in such notice, if Contractor is in default under Section 15.1.
