Breach by Contractor. Contractor breaches this Contract if:
a. 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 no longer holds a license or certificate that is required for Contractor to perform its obligations under this Contract and Contractor has not obtained the license or certificate within fourteen (14) calendar days after Agency delivers notice of breach to Contractor or a longer period as Agency may specify in the notice; or
c. Contractor commits any material breach of any covenant, warranty, obligation or certification under this Contract, fails to perform its obligations under this Contract within the time specified or any extension of that time, and Contractor fails to cure the breach within fourteen (14) calendar days after Agency delivers notice of breach to Contractor or a longer period as Agency may specify in the notice.
Breach by Contractor. Contractor breaches this Contract if:
A. 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 no longer holds a license or certificate that is required for Contractor to perform its obligations under this Contract and Contractor has not obtained the license or certificate within 10 business days after OPRD delivers notice of breach to Contractor or a longer period as OPRD may specify in the notice; or
C. Contractor commits any material breach of any covenant, warranty, obligation or certification under this Contract, fails to perform its obligations under this Contract within the time specified or any extension of that time, and Contractor fails to cure the breach within 3 business days after OPRD delivers notice of breach to Contractor or a longer period as OPRD may specify in the notice.
D. OPRD may at their sole discretion immediately terminate this contract if they have notified the Contractor of more than one breach of contract during the duration of the contract.
Breach by Contractor. Each of the following shall constitute a Breach on the part of the Contractor:
a) A consistent pattern of failure by the Contractor to respond timely to and address Customer complaints in keeping with the customer service standards in Article IX and as further defined in Section 9.3(a).
b) Failure of the Contractor to pay, within thirty (30) days after notice from the Village of nonpayment, amounts which are undisputed or which are due to the Village under this Agreement;
c) Repeated failure of the Contractor to comply with Section 9.2(h) of this Agreement;
d) Failure of the Contractor to perform in a timely fashion any obligation under this Agreement not referenced within Section 10.1(a) of this Agreement, except that such failure shall constitute a Breach only if such failure remains uncured for seven (7) days after notice to the Contractor from the Village of such failure; provided however, that this seven (7) day notice with opportunity to cure shall not be required in the event of persistent and repeated failure to perform; or
e) Any of the following: (1) The Contractor's being or becoming insolvent or bankrupt or ceasing to pay its debts as they mature or making an arrangement with or for the benefit of its creditors or consenting to or acquiescing in the appointment of a receiver, trustee or liquidator for a substantial part of its property, (2) a bankruptcy, reorganization, insolvency, arrangement or similar proceeding being instituted by the Contractor under the laws of any jurisdiction, (3) a bankruptcy, reorganization, insolvency, arrangement or similar proceeding being instituted against the Contractor under the laws of any jurisdiction, which proceeding has not been dismissed within one hundred twenty (120) days, (4) any action or answer by the Contractor approving of, consenting to or acquiescing in any such proceeding, or (5) the levy of any distress, execution or attachment upon the property of the Contractor which shall (or which reasonably might be expected to) substantially interfere with its performance under this Agreement.
Breach by Contractor. Each of the following shall constitute a Breach on the part of the Contractor:
a) Repeated failure of the Contractor to comply with Section 9.3(h) of this Agreement;
b) Failure of the Contractor to perform in a timely fashion any obligation under this Agreement not referenced within Section 10.1(a) of this Agreement, except that such failure shall constitute a Breach only if such failure remains uncured for seven days after notice to the Contractor from the City of such failure; provided however, that this seven- day notice with opportunity to cure shall not be required in the event of persistent and repeated failure to perform; or
c) Any of the following: (1) The Contractor's being or becoming insolvent or bankrupt or ceasing to pay its debts as they mature or making an arrangement with or for the benefit of its creditors or consenting to or acquiescing in the appointment of a receiver, trustee or liquidator for a substantial part of its property, (2) a bankruptcy, reorganization, insolvency, arrangement or similar proceeding being instituted by the Contractor under the laws of any jurisdiction, (3) a bankruptcy, reorganization, insolvency, arrangement or similar proceeding being instituted against the Contractor under the laws of any jurisdiction, which proceeding has not been dismissed within one hundred twenty (120) days, (4) any action or answer by the Contractor approving of, consenting to or acquiescing in any such proceeding, or (5) the levy of any distress, execution or attachment upon the property of the Contractor which shall (or which reasonably might be expected to) substantially interfere with its performance under this Agreement.
Breach by Contractor. 8.1. If the Contractor breaches any of its contractual obligations under this Agreement and fails to remedy that breach promptly and in any event within three (3) days, then the Customer may, by written notice to the Contractor, terminate this Agreement. Upon termination of the Agreement, the Customer is only obliged to pay the Contractor for the Contract Services actually done and, as such, is to be refunded for any remaining days paid for in advanced, but not used.
Breach by Contractor. The State may terminate the contract, in whole or in part, if the contractor fails to perform its obligations under the contract in a timely and proper manner. The State may, by providing a written notice of default to the contractor, allow the contractor to cure a failure or breach of contract within a period of thirty (30) days (or longer at State’s discretion considering the gravity and nature of the default). Said notice shall be delivered by Certified Mail, Return Receipt Requested or in person with proof of delivery. Allowing the contractor time to cure a failure or breach of contract does not waive the State’s right to immediately terminate the contract for the same or different contract breach which may occur at a different time. In case of default of the contractor, the State may contract the service/goods from other sources and hold the contractor responsible for any excess cost occasioned thereby. DocuSign Envelope ID: 661D15E9-A45C-4057-979C-2F978B954ED8
Breach by Contractor. Upon written notice to Contractor from PREPA stating that Contractor is in breach of the Contract, Contractor will immediately remedy such breach. Where Contractor fails to remedy such breach within ten days or to promptly initiate and continue in good faith to remedy a breach that cannot be reasonably remedied in ten days, PREPA will have the right to terminate the Contract upon five (5) days' notice to Contractor. Contractor further agrees that if it commits a substantially similar breach more than twice in any three (3) Debt Collection Services Contract Page 13 month period, regardless of remedy, PREPA will have the right to terminate the Contract upon notice to Contractor.
Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City may immediately terminate the Agreement. Section 11 KEEPING AND STATUS OF RECORDS.
Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City may immediately terminate the Agreement.
Breach by Contractor. The DDA reserves the right to cancel this contract in whole or in part as to unperformed portion thereof and as to any sub-section, at any time in the event of a default or violation by the Contractor of any of the terms or provision of this Agreement. If such occurs, the compensation of the Contractor shall be adjusted accordingly. 0000 Xxxxxxxxx XXX Maintenance RFP (excerpted for this Contract)
